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Review process objection

  • To: comments-sco-framework-principles-11feb14@xxxxxxxxx
  • Subject: Review process objection
  • From: "noreply@xxxxxxxxxxxxxx" <noreply@xxxxxxxxxxxxxx>
  • Date: Tue, 11 Mar 2014 16:50:45 +0000

<p>Dear Sirs

There have been a series of reconsideration requests made by various parties 
which have pointed to unfair decisions across the four categories of 
objections. 

A limited review which allows relief to only randomly-selected members of the 
ICANN community makes no sense. The Guidebook did not provide for a review 
process, we should all have a right of redress, or none at all.

And if there were to be a "Panel of Last Resort" (a telling choice of working 
title), there will have to be clear guidelines offered on what standards of 
evidence and burden of proof apply - there will have to be a review of the case 
law to date and a serious critical effort made to analyse the decisions, draw 
out the common themes and to agree on the correct judicial approach. This is a 
task which should clearly not be entrusted to the existing dispute resolution 
service providers, but to an independently convened panel of academics who 
understand the rules of evidence and how they should be applied in a global 
context.</p>




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