[CCWG-ACCT] pending legal questions

[Jorge.Cancio at bakom.admin.ch]

Dear Co-Chairs, dear all


I would like to kindly request information on the status of processing the following legal questions, as I was informed more than a month ago that an answer was being prepared, but still I have not seen any specific reply.

All questions were refered to and posed during the CCWG call of March 31st:

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- On jurisdiction I'd like to remind that there is a question which as I understand will be posed to our legal advisors on common practice regarding provisions included usually, if any, on jurisdiction issues in Bylaws and Articles of Incorporation (and the current situation in the case of ICANN)? 

-  question of possible liabilities of future "community council" members -for exercising its powers- has been or will be considered. A question which arises from the paper is that the more power you give to actors different to the board, the more it is likely that they become liable in some fashion - this should be further investigated.

- it seems in both papers (Sidley and Adler) that there would be some difficulties in finding solutions for independent and binding appeals panels - I guess this will need to be explored in depth

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The references to legal memos in those questions should be understood as refering to the papers current on March 31st.

Thank you very much for your assistance and best regards



Jorge Cancio
Switzerland

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