[CCWG-ACCT] [Acct-Legal] Fwd: Legal question

[Chris Disspain]

Hi León,

Really? They are fairly simple questions. As I said, I can ask them on the call.




Cheers,

Chris

On 21 Apr 2015, at 14:32 , León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:

> Thanks Greg,
> 
> I just want to note that for the short notice it is unlikely we will be able to have answers to feed the discussion in our call tomorrow. 
> 
> 
> Best regards,
> 
> 
> León
> 
>> El 20/04/2015, a las 23:22, List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org> escribió:
>> 
>> I am forwarding Chris Disspain's email into the Legal Sub Team for further consideration.  I will let our counsels respond, should the Legal Sub Team's discussion result in a referral of the questions to counsel.
>> 
>> 
>> Greg Shatan
>> 
>> ---------- Forwarded message ----------
>> From: Chris Disspain <ceo at auda.org.au>
>> Date: Tue, Apr 21, 2015 at 12:03 AM
>> Subject: [CCWG-ACCT] Legal question
>> To: Accountability Cross Community <accountability-cross-community at icann.org>
>> 
>> 
>> Hello All,
>> 
>> I’m not sure if this email should be addressed to the whole group, the legal sub-team or some other. Anyway, I have some questions that I would appreciate answers to from the CCWG’s lawyers. Happy to discuss on the upcoming CCWG call.
>> 
>> Under the current structure of ICANN and its SOs and ACs 
>> 
>> 1. Is it correct that a bylaw saying that a combination of those SOs and ACs can veto the budget or veto a bylaw change can be drafted and put in to the bylaws?
>> 
>> 2. Is it correct that were there to be such a bylaw and the SOs and ACs were to veto the budget or a bylaw change pursuant to that bylaw then the Board of ICANN could ignore that veto and that the SOs and ACs could not enforce the veto?
>> 
>> 3. Is it correct that the veto bylaw could be drafted to require binding arbitration in the event that the Board refused to follow the SO/AC veto and if so would the Board be bound by the arbitration finding?
>> 
>> 4. Is it correct that a Board spill bylaw could be inserted in to the bylaws and if triggered would be enforceable?
>> 
>> 
>> 
>> 
>> Cheers,
>> 
>> 
>> 
>> Chris
>> 
>> 
>> On 18 Apr 2015, at 14:50 , León Felipe Sánchez Ambía <leonfelipe at sanchez.mx> wrote:
>> 
>>> All,
>>> 
>>> I am forwarding this document from Counsel for your records and for its relevance for our overall work.
>>> 
>>> 
>>> Best regards,
>>> 
>>> 
>>> León
>>> 
>>>> Inicio del mensaje reenviado:
>>>> 
>>>> Para: "ccwg-accountability5 at icann.org" <ccwg-accountability5 at icann.org>
>>>> Fecha: 17 de abril de 2015 22:21:36 GMT-5
>>>> De: List for the work of CCWG-Accountability Legal SubTeam <ccwg-accountability5 at icann.org>
>>>> Asunto: [Acct-Legal] (no subject)
>>>> Responder a: ccwg-accountability5 at icann.org
>>>> 
>>>> 
>>>>  
>>>> Dear Legal Sub-Team,  Attached please find revisions to the chart comparing the member and designator approaches  from Sidley and Adler & Colvin as requested.  Please note that in our cover memo we have posed several questions for your consideration.  We have also provided a discussion of some considerations regarding implementation of both approaches.  We are look forward to discussing with CCWG next week.  Kind regards, Holly
>>>>  
>>>> HOLLY J.  GREGORY
>>>> Partner
>>>> 
>>>> Sidley Austin LLP
>>>> +1.212.839.5853
>>>> holly.gregory at sidley.com
>>>>  
>>>> 
>>>>  
>>>> ****************************************************************************************************
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>>>> If you are not the intended recipient, please delete the e-mail and any attachments and notify us
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>>>> 
>>>> ****************************************************************************************************
>>>> 
>>> <Legal Assessment_  Governance Chart.pdf>
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>> 
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