[CCWG-ACCT] [Acct-Legal] Memo - Revised Powers Chart, Voluntary Model

[Malcolm Hutty]

On 2015-06-14 22:22, Burr, Becky wrote:
> 
> Some people are concerned that if the cause of action is very broad
> and/or if there are no constraints on the circumstances under which a
> member can bring such a claim or the venue in which a member can bring
> a claim, this cause of action in particular creates an incentive to
> litigate/delay/block consensus.
> 
> Others believe that these concerns can be effectively addressed and
> that because the ICANN Board will comply with its legal requirements,
> enforceability reduced the likelihood of litigation.
> 
> Still others seem concerned about any attempts to limit access to a
> court of competent jurisdiction, wherever that may be.

Well put.

I would like to ask whether the first view is really well founded.
American public companies are exposed to shareholder lawsuits in this 
fashion,
and it hasn't noticeably impaired the success of American industry.
Moreover, anybody can become a shareholder in a publicly listed company 
if
they wish to bring such a suit.

Giving ICANN a membership simply exposes it to some part of the same 
discipline -
and without the complaint "When you did X it made the share price go 
down"
that is the basis of most such lawsuits. That doesn't sound so fearful 
to me.

So what is the reason for thinking ICANN needs to be immune to a
procedure that others can weather?

Malcolm.

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             Malcolm Hutty | tel: +44 20 7645 3523
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