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[gnso-improvem-impl-sc] RE: For your review - proposed response deferral of motions

  • To: "'Marika Konings'" <marika.konings@xxxxxxxxx>, "gnso-improvem-impl-sc@xxxxxxxxx" <gnso-improvem-impl-sc@xxxxxxxxx>
  • Subject: [gnso-improvem-impl-sc] RE: For your review - proposed response deferral of motions
  • From: "Aikman-Scalese, Anne" <AAikman@xxxxxxxxx>
  • Date: Thu, 27 Sep 2012 15:17:41 +0000

Thanks Marika.  I'll defer to J. Scott as to substance, but wanted to remark I 
believe this is well-drafted and clear.  Unfortunately I cannot make the call 
today due to a meeting at the McCarthy Institute.  I'll listen to the 
reccording later to stay abreast.  Thank you, Anne

[cid:363371415@27092012-3235]Anne E. Aikman-Scalese
Of Counsel
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www.LewisandRoca.com/Aikman<http://www.lewisandroca.com/Aikman>
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________________________________
From: owner-gnso-improvem-impl-sc@xxxxxxxxx 
[mailto:owner-gnso-improvem-impl-sc@xxxxxxxxx] On Behalf Of Marika Konings
Sent: Thursday, September 27, 2012 12:59 AM
To: gnso-improvem-impl-sc@xxxxxxxxx
Subject: [gnso-improvem-impl-sc] For your review - proposed response deferral 
of motions

Dear All,

In relation to the issue of deferral of motions, please find below the latest 
version of the proposed response to the GNSO Council for review / approval on 
today's SCI meeting.

With best regards,

Marika

Deferral of motions – Proposed Response

The SCI was asked to consider the current GNSO Council informal practice 
whereby a party may request the deferral of a motion to a later date in those 
situations where a formal process for a deferral is not specifically provided 
(for example, certain deferrals are foreseen as part of the GNSO PDP, see 
http://gnso.icann.org/council/annex-2-pdp-manual-16dec11-en.pdf). The SCI 
discussed this practice and whether there was a need to create a procedure to 
formalize this informal practice. After much debate, the SCI concluded that the 
current practice of allowing for the deferral of motions was done as a matter 
of courtesy at the discretion of the Chair of the GNSO Council.  For this 
reason, the SCI concluded that there was no need to create a formal procedure 
at this time.  However, the SCI felt that it was necessary to explicitly state 
that there is no rule that the Chair must always exercise his or her discretion 
in the affirmative. Given that the current informal practice is at the 
discretion of the Chair, the Chair can exercise that same discretion in 
considering whether to grant or deny any request and can also exercise his or 
her discretion when determining how to handle any specific situation that may 
occur with regard to this informal practice.



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