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

["Papac, Krista" <Krista.Papac@xxxxxxxxxxxxxxxx>]

All,

I apologize for the late notice but I had something come up and cannot make 
todays call. 

Krista

________________________________

From: owner-gnso-osc-csg@xxxxxxxxx <owner-gnso-osc-csg@xxxxxxxxx> 
To: Julie Hedlund <julie.hedlund@xxxxxxxxx>; gnso-osc-csg 
<gnso-osc-csg@xxxxxxxxx> 
Cc: Robert Hoggarth <robert.hoggarth@xxxxxxxxx> 
Sent: Thu Feb 04 13:51:43 2010
Subject: [gnso-osc-csg] RE: Action Item: Task 1, Subtask 1 Section 2f -- 
Response from ICANN Legal 



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 



 

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London 

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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 

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