RE: [gnso-osc-csg] Action Item: Task 1, Subtask 1 Section 2f -- Response from ICANN Legal

["Gomes, Chuck" <cgomes@xxxxxxxxxxxx>]

I like this. Thanks Julie and thanks to Dan and Samantha as well.
 
Chuck


________________________________

        From: owner-gnso-osc-csg@xxxxxxxxx
[mailto:owner-gnso-osc-csg@xxxxxxxxx] On Behalf Of Julie Hedlund
        Sent: Wednesday, February 03, 2010 10:48 AM
        To: gnso-osc-csg
        Cc: Robert Hoggarth
        Subject: [gnso-osc-csg] Action Item: Task 1, Subtask 1 Section
2f -- Response from ICANN Legal
        
        
        Dear Work Team members,
        
        With respect to Action Item 1 from last Friday's call, we have
consulted with ICANN legal staff seeking guidance concerning the
language for Section 2 paragraph f and have received a response and
suggested language from Dan Halloran and Samantha Eisner.  
        
        Here is the original language:
        
        "f. In case of rejection of an application or a dispute, the
applicant shall have recourse of appeal to a neutral third party. The
GROUP shall SELECT such a neutral third party in consultation with
ICANN/GNSO {???}."
        
        Here is Samantha's response:
        ---------------- begin response ------------------------
        "We consulted with John, and agree that the proper reference
here is to the Office of the Ombudsman.  The Ombudsman is a neutral and
has jurisdiction over allegations of unfair treatment by ICANN
constituent bodies.   I recommend that to facilitate this, the language
of the recommendation be changed to:
        
        "f.    In case of unfair treatment resulting in the rejection of
an application or a dispute, the applicant may lodge a complaint with
the ICANN Ombudsman.  The process for lodging a complaint with the
Ombudsman is set forth in Article V of the ICANN Bylaws and in the
Ombudsman Framework, available at
http://www.icann.org/ombudsman/documents/ombudsman-framework-26mar09-en.
pdf. "
        ---------------- end response -----------------
        
        Please let me know if you have any questions.
        
        Best regards,
        
        Julie