[Ccpdp-rm] Fundamental Fairness and Bindingness

[Dr Eberhard W Lisse]

All,

I have had the opportunity to read

	 https://www.courts.ca.gov/opinions/documents/B302739.PDF

a copy of which I enclose for ease of reference.

It is the Appeal Judgement in the .AFRICA case, which is remarkably
readable.

Leaving aside the .AFRICA issue (I happen to agree with the reasoning,
by the way), it does inform the work of our Group in a number of
aspects:

	 ICANN is bound to (Fundamental) Fairness by its own bylaws,

	 ICANN's decision making process should be transparent (ie the
	 reasonable aspect of "fair and reasonable"


	 IRP is arbitration, no matter what ICANN calls it,

	 Arbitration can review de-novo,

	 Arbitration decision can be binding on ICANN (if Californian Law
	 prevented bindingness, I am sure the court would have observed
	 this)

There may be more, but this was just a first reading during my lunch break,
so the lawyers on the group should have a detailed go at it.

greetings, el

-- 
Dr. Eberhard W. Lisse   \         /       Obstetrician & Gynaecologist
el at lisse.NA             / *      |  Telephone: +264 81 124 6733 (cell)
PO Box 8421 Bachbrecht  \      /  If this email is signed with GPG/PGP
10007, Namibia           ;____/ Sect 20 of Act No. 4 of 2019 may apply
	  Book your Covid-10 Vaccination at https://c19.idtoday.com.na
-------------- next part --------------
A non-text attachment was scrubbed...
Name: B302739.pdf
Type: application/pdf
Size: 157565 bytes
Desc: not available
URL: <https://mm.icann.org/pipermail/ccpdp-rm/attachments/20210921/70c36f96/B302739-0001.pdf>