- Category: Board
- Topic: Establishment of Independent Review Panel
- Board meeting date: 19 April 2004
- Resolution number: 04.33, 04.34
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/resolutions-19apr04.htm
- Status: Completed
Summary
Board authorizes the President and General Counsel to engage the services of the ICDR to provide independent review services and to solicit other independent arbitration service providers.
Text
Whereas, Article IV, Section 3(1) of ICANN's Bylaws provides that ICANN shall have in place a process for independent third-party review of Board actions alleged to be inconsistent with the Articles of Incorporation or Bylaws of the organization.
Whereas, an extensive search has been conducted to locate an international arbitration provider with an understanding of applicable international laws and California not-for-profit corporation law.
Whereas it was also deemed desirable that the international arbitration provider attempt to keep costs as low as possible through such standard operating procedures as the use of the Internet and the telephone for communications and the submission of documents.
Whereas, a proposal to provide independent arbitration services was submitted to ICANN by the International Centre for Dispute Resolution (ICDR) <[1]www.adr.org/icdr>.
Whereas the ICDR is was created as a separate division of the American Arbitration Association, with administrative facilities in New York and a European office in Dublin, Ireland.
Whereas the ICDR offers multiple-member arbitration panels as well as single-member arbitration panels as required by Article IV, Section 3(6) of ICANN's bylaws.
RESOLVED, [04.33] that the President and the General Counsel are authorized to engage the services of the ICDR to provide independent review services in accordance with their proposal.
RESOLVED, [04.34] that the President and the General Counsel are authorized to continue soliciting and negotiating with additional independent arbitration service providers.
Implementation Actions
- None
- Responsible entity: Not applicable
- Due date: None specified
- Completion date: Not applicable
Other Related Resolutions
- Other resolutions TBD.
Additional Information
- Article IV, Section 3 of ICANN's Bylaws provides that ICANN shall have in place a process for independent third-party review of Board actions alleged to be inconsistent with the Articles of Incorporation or Bylaws of the organization.
- More information on the Independent Review Process is available at http://www.icann.org/en/general/accountability_review.html.
- For information on ICDR's provision of the Independent Review Panel and to initiate an Independent Review, please see Demand for/Notice of Independent Review for ICANN--International.
- The resolution does not address funding for the items identified therein.
Explanatory text does not modify or override Resolutions. See Board Resolutions Page for more information.
