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Review process objection
- To: comments-sco-framework-principles-11feb14@xxxxxxxxx
- Subject: Review process objection
- From: "noreply@xxxxxxxxxxxxxx" <noreply@xxxxxxxxxxxxxx>
- Date: Tue, 11 Mar 2014 16:50:45 +0000
<p>Dear Sirs
There have been a series of reconsideration requests made by various parties
which have pointed to unfair decisions across the four categories of
objections.
A limited review which allows relief to only randomly-selected members of the
ICANN community makes no sense. The Guidebook did not provide for a review
process, we should all have a right of redress, or none at all.
And if there were to be a "Panel of Last Resort" (a telling choice of working
title), there will have to be clear guidelines offered on what standards of
evidence and burden of proof apply - there will have to be a review of the case
law to date and a serious critical effort made to analyse the decisions, draw
out the common themes and to agree on the correct judicial approach. This is a
task which should clearly not be entrusted to the existing dispute resolution
service providers, but to an independently convened panel of academics who
understand the rules of evidence and how they should be applied in a global
context.</p>
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