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Re: The ICANN Independent Review Process: complete the trial before modifying it
by
Thierry Moreau
Hi Milton,
Thanks for reminding us that slow moving processes are sometimes as important as the events making the headlines, for instance the Affirmation of Commitments.
How is the IRP related to this portion of the AoC:
"9.1 [...] ICANN commits to maintain and improve robust mechanisms [...] by: (a) continually assessing and improving [Board] governance which shall include an ongoing evaluation of [...], and the consideration of an appeal mechanism for Board decisions;"
I didn't see anybody commenting on this call for an appeal mechanism. When I first read the AoC, it struck me that this was like a recommendation at the outset, so I naively expected the ICANN board to "take action within six months." Failing an appeal mechanism in a reasonable time frame after AoC, a party wishing to settle a dispute with ICANN would have a stronger case to claim that an ordinary court would have jurisdiction.
Irrespective of my naive reading of the AoC, I see simple common sense in the position of the ICM registry legal representatives. You don't change a dispute resolution forum in the course of precessing a case. That's in the first chapter of dispute resolution 101!
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