RE: [registrars] Independent Review

["Bhavin Turakhia" <bhavin.t@xxxxxxxxxxxxxx>]

is there an IRP provider appointed?? We should definitely pursue this
option.
 
bhavin


  _____  

From: owner-registrars@xxxxxxxxxxxxxx
[mailto:owner-registrars@xxxxxxxxxxxxxx] On Behalf Of Rob Hall
Sent: Saturday, March 11, 2006 12:40 AM
To: registrars@xxxxxxxxxxxxxx
Subject: [registrars] Independent Review


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
<http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#IV-2> 2 of
this Article, 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
<http://www.icann.org/general/archive-bylaws/bylaws-08apr05.htm#IV-3> 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.