[CCWG-ACCT] Question regarding UAs

[Malcolm Hutty]

On 21/05/2015 08:14, Mathieu Weill wrote:
> I have four questions :
> - If the Board refuses to act on the arbitrator findings, why would the
> community turn to California Court instead of recall the Board ?

I expect that people's views on that would depend on the circumstances.

Suppose (for the sake of example) that the problem was that the Board
had inserted something crazy and wildly out of scope into the RAA,
without any support from the PDP and in defiance of an IRP ruling
instructing the Board to desist (but maybe at the behest of a particular
class of stakeholder).

In such circumstances, the gTLD community might feel that turning to the
court for enforcement of the IRP ruling was a less extreme measure than
spilling the whole Board.

Or they might try to spill the Board, but find that neither the ccNSO
nor the ASO would support them, as neither ccNSO nor ASO are directly
affected by the RAA themselves.

Additionally, there is one special circumstance in which referral to a
court would be the only possible recourse: in the event that the
community tries to exercise its power to spill the Board, and the Board
insists on remaining in office nonetheless.

Malcolm.

P.S. I am talking, of course, of extreme scenarios that no previous
Board ever came close to, nor would I expect the current Board would
dream of enacting. I have great respect for the integrity of the current
incumbents. But our job is to propose the reforms necessary to provide
assurance that this will continue for all future Boards;  considering
extreme scenarios is our responsibility, and cast no aspersions on the
personal integrity of current or past Board members. This has been said
many times before, but our conversation has recently been joined by
others who have clearly not heard it.


-- 
            Malcolm Hutty | tel: +44 20 7645 3523
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