[CCWG-ACCT] ASEP Re: [] The big test ...

Avri Doria avri at acm.org
Sat Jan 31 17:41:22 UTC 2015


Hi,

Several people have mentioned the ASEP recommendations

A list of these can be found on page 10 of the enclosed report.
Specifically:

RECONSIDERATION

  * Improve access - add claims for consideration of inaccurate material
    information///(bylaws were changed to  include this, don't know
    whether practice has caught up yet)/
  * Define key terms, such as “material information”, “materially harmed”
  * Modify time limits for submissions
  * Include terms and conditions in request form
  * Allow for urgent review in place of stay
  * Allow for summary dismissal when warranted
  * Allow “class” filings/consolidation
  * Require allegations of standing

Independent Review

  * Create omnibus standing panel/(As people have said the bylaws were
    changed for this.)/
  * Define key terms
  * Introduce optional cooperative engagement and conciliation phases to
    narrow issues and improve efficiency
  * Require submission form with terms and conditions
  * Introduce: (i) time limits for filing and decision; (ii) and page
    limitations


ATRT2

From the report:

With regard to restructuring review mechanisms, an Accountability
Structures Expert
Panel (ASEP) was commissioned in September 2012. It included three
international
experts on issues of corporate governance, accountability and
international dispute
resolution. The ASEP reported on October 2012 and the Board acted upon its
recommendations on 20 December 2012, approving amendments to bylaws Article
IV, Section 2[80] (Reconsideration), Section 3[81] (Independent Review),
and the
corresponding Cooperative Engagement Process for Independent Review.[82]

80
http://www.icann.org/en/about/governance/bylaws/proposed-bylaw-revision-reconsideration-
26oct12-en.pdf
81 Ibid.
82 http://www.icann.org/en/news/irp/proposed-cep-26oct12-en.pdf


----
The Special Community Group will use the 2012 Report of the Accountability
Structures Expert Panel (ASEP) as one basis for its discussions. All
recommendations of this Special Community Group would be subject to full
community participation, consultation and review, and must take into account
any limitations that may be imposed by ICANN’s structure, including the
degree to which the ICANN Board cannot legally cede its decision-making to,
or otherwise be bound by, a third party.

/(As Bruce and Alan have indicated we are that Special community Group/)

avri

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