[registrars] Independent Review

["Rob Hall" <rob@xxxxxxxxxxxxx>]

Hello all,
 
I note that ICANN's bylaws allow for an independent review of a board
decision by an outside body.  This is seperate and distinct from a
reconsideration request, which is an inside ICANN process.
 
I have copied the bylaw below.  It is Article IV, Section 3 of the
bylaws found at
http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm
 
I wonder if this is something that should be pursued in relation to the
recent board actions.
 
Rob.
 
 
 
Article IV
Section 3. INDEPENDENT REVIEW OF BOARD ACTIONS

	1. In addition to the reconsideration process described in
Section 2 of this Article
<http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#IV-2> ,
ICANN shall have in place a separate process for independent third-party
review of Board actions alleged by an affected party to be inconsistent
with the Articles of Incorporation or Bylaws.

	2. Any person materially affected by a decision or action by the
Board that he or she asserts is inconsistent with the Articles of
Incorporation or Bylaws may submit a request for independent review of
that decision or action.

	3. Requests for such independent review shall be referred to an
Independent Review Panel ("IRP"), which shall be charged with comparing
contested actions of the Board to the Articles of Incorporation and
Bylaws, and with declaring whether the Board has acted consistently with
the provisions of those Articles of Incorporation and Bylaws.

	4. The IRP shall be operated by an international arbitration
provider appointed from time to time by ICANN ("the IRP Provider") using
arbitrators under contract with or nominated by that provider.

	5. Subject to the approval of the Board, the IRP Provider shall
establish operating rules and procedures, which shall implement and be
consistent with this Section 3
<http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#IV-3> .

	6. Either party may elect that the request for independent
review be considered by a three-member panel; in the absence of any such
election, the issue shall be considered by a one-member panel.

	7. The IRP Provider shall determine a procedure for assigning
members to individual panels; provided that if ICANN so directs, the IRP
Provider shall establish a standing panel to hear such claims. 

	8. The IRP shall have the authority to:

		a. request additional written submissions from the party
seeking review, the Board, the Supporting Organizations, or from other
parties;

		b. declare whether an action or inaction of the Board
was inconsistent with the Articles of Incorporation or Bylaws; and

		c. recommend that the Board stay any action or decision,
or that the Board take any interim action, until such time as the Board
reviews and acts upon the opinion of the IRP.

	9. Individuals holding an official position or office within the
ICANN structure are not eligible to serve on the IRP.

	10. In order to keep the costs and burdens of independent review
as low as possible, the IRP should conduct its proceedings by e-mail and
otherwise via the Internet to the maximum extent feasible. Where
necessary, the IRP may hold meetings by telephone.

	11. The IRP shall adhere to conflicts-of-interest policy stated
in the IRP Provider's operating rules and procedures, as approved by the
Board. 

	12. Declarations of the IRP shall be in writing. The IRP shall
make its declaration based solely on the documentation, supporting
materials, and arguments submitted by the parties, and in its
declaration shall specifically designate the prevailing party. The party
not prevailing shall ordinarily be responsible for bearing all costs of
the IRP Provider, but in an extraordinary case the IRP may in its
declaration allocate up to half of the costs of the IRP Provider to the
prevailing party based upon the circumstances, including a consideration
of the reasonableness of the parties' positions and their contribution
to the public interest. Each party to the IRP proceedings shall bear its
own expenses.

	13. The IRP operating procedures, and all petitions, claims, and
declarations, shall be posted on the Website when they become available.

	14. The IRP may, in its discretion, grant a party's request to
keep certain information confidential, such as trade secrets.

	15. Where feasible, the Board shall consider the IRP declaration
at the Board's next meeting.