[Ccpdp-rm] Fwd: Fundamental Fairness and Bindingness

[Bernard Turcotte]

---------- Forwarded message ---------
From: Dr Eberhard W Lisse via Ccpdp-rm <ccpdp-rm at icann.org>
Date: Tue, Sep 21, 2021 at 8:32 AM
Subject: [Ccpdp-rm] Fundamental Fairness and Bindingness
To: <ccpdp-rm at icann.org>


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)
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