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

[Victoria McEvedy <victoria@xxxxxxxxxx>]

Thanks Julie. I'm happy with that. Saves lots of effort all round to use an 
existing procedure.



Very best,





Victoria McEvedy

Principal

McEvedys

Solicitors and Attorneys

cid:669FC637-760A-4D2F-B56E-2C180C1870CC



96 Westbourne Park Road

London

W2 5PL



T:    +44 (0) 207 243 6122

F:    +44 (0) 207 022 1721

M:   +44 (0) 7990 625 169



www.mcevedy.eu

Regulated by the Solicitors Regulation Authority #465972

This email and its attachments are confidential and intended for the exclusive 
use of the addressee(s).  This email and its attachments may also be legally 
privileged. If you have received this in error, please let us know by reply 
immediately and destroy the email and its attachments without reading, copying 
or forwarding the contents.

This email does not create a solicitor-client relationship and no retainer is 
created by this email communication.



From: owner-gnso-osc-csg@xxxxxxxxx [mailto:owner-gnso-osc-csg@xxxxxxxxx] On 
Behalf Of Julie Hedlund
Sent: 03 February 2010 15:48
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

__________ Information from ESET NOD32 Antivirus, version of virus signature 
database 4832 (20100203) __________

The message was checked by ESET NOD32 Antivirus.

http://www.eset.com