[IOT] IOT Agenda for 13 February 2024

Tue Feb 13 19:11:40 UTC 2024

Dear Susan,

Language proposal on Rule 3 paragraph 5c.

Current draft is as follows:

Prior to accepting any appointment, potential IRP Panelists are also expected to consider whether other circumstances of the relevant IRP are liable to influence their decision such that they would be considered to have a conflict of interest. An example of such a circumstance would be where considerations of nationality are material to the matters in dispute.

In our discussion this evening, I proposed the following alternative:

Prior to accepting any appointment, potential IRP Panelists are also expected to consider whether other circumstances of the relevant IRP are liable to influence their decision, or are such that would give rise to the appearance of a conflict of interest.

This appeared to have consensus amongst those present, and you invited me to confirm it in writing on the list.

Post-meeting, I notice that Rule 3 paragraph 5d contains a similar issue:

Current draft is as follows:
Where, at any time, an IRP Panelist develops a conflict of interest, they must recuse themselves.

Potential replacement text
Where, at any time, an IRP Panelist develops a conflict of interest, or the appearance of a conflict of interest, they must recuse themselves.

Kind Regards,

Malcolm.

--
 Malcolm Hutty | Director, Legal and Policy
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From: IOT <iot-bounces at icann.org> On Behalf Of Susan Payne via IOT
Sent: Monday, February 12, 2024 8:22 PM
To: Bernard Turcotte via IOT <iot at icann.org>
Subject: [IOT] IOT Agenda for 13 February 2024

  1.  Review of Agenda and Updates to SOIs
  2.  Action Items:
     *   ICANN Legal to circulate updated drafts for the Rules; all to provide comments or suggested edits
  3.  Explanation of how we will handle the review and any redrafts
  4.  Review and agree any changes to be requested on the draft text.  Beginning with Rules 3 and 4
  5.  Next meetings: 20 February and during ICANN 79
  6.  AOB

Look forward to speaking tomorrow

Susan Payne
 Head of Legal Policy
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