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

[Olga Cavalli <olgac@xxxxxxxxxxxxxxx>]

Thanks Julie for this and also thanks to Dan and Samantha.
Regards
Olga

2010/2/3 Julie Hedlund <julie.hedlund@xxxxxxxxx>

>  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
>