- Category: (replace this text with one of the following categories: Administration/Budget, Board, ccTLD, gTLD, IP, ICANN Structure, International Agreement, Root Zone)
- Topic: (replace this text with a keywords from title)
- Board meeting date: 27 May 1999
- Resolution number: 99.49, 99.50
- URL for Board minutes/resolution: http://www.icann.org/en/minutes/minutes-27may99.htm
- Status: (replace this text with: Completed, Ongoing, Suspended)
Summary
(replace this text with the a one-sentence summary of the resolution)
Text
Staff then reported on the Interim Report and Draft Principles of the Advisory Committee on Independent Review (attached as Exhibit D hereto), an Addendum to the Interim Report (attached as Exhibit E hereto) and public commentary received. The key issue is the power of the independent review panel called for in the recommendation. Since no Committee consensus position could be reached, the Committee proposed three options. In addition to the power to (i) declare whether an action or inaction of the ICANN Board was contrary to the Corporation's Articles of Incorporation and/or Bylaws, (ii) request additional written submissions from the claimant, the Board, the Supporting Organizations, or from other parties, and (iii) recommend that the ICANN Board stay any action or decision until such time as the Board reviews and acts upon the opinions of the IRP, the panel might be empowered to: (a) immediately stay enforcement or execution of the contested decision of the Board; (b) stay enforcement or execution of the contested decision of the Board only if the Board has failed to act on the IRP's determination within 14 days; or (c) require the Board to act on the IRP's determination at its next meeting or within 30 days, whichever is sooner.
Upon motion duly made and seconded, the Board unanimously approved the adoption of the following resolutions (Directors Wilson and Capdeboscq being absent):WHEREAS the Board of Directors has received and considered the Interim Report and Draft Principles submitted by the Advisory Committee on Independent Review on May 7, 1999, along with the Addendum to the Interim Report submitted on May 26, 1999; and
WHEREAS the Board has reviewed and considered the public comments submitted via the Internet and at the Berlin open meeting;
BE IT RESOLVED (Resolution 99.49) that the Board (1) accepts the Draft Principles, as amended by the Addendum; (2) states its preference for option (c) to Draft Principle 9 set forth in the Addendum; and (3) requests that the Advisory Committee on Independent Review complete and submit its final report and recommendations by August 10, 1999; and
BE IT FURTHER RESOLVED (Resolution 99.50) that the Board thanks the Advisory Committee on Independent Review for its hard and productive work so far.
Implementation Actions
- (replace this text with specific Action Item)
- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
- (replace this text with specific Action Item)
- Responsible entity: (replace this text with the responsible entity: ICANN department, ICANN Community Structure, Board, U.S. Department of Commerce)
- Due date: (replace this text with Due Date)
- Completion date: (replace this text with Date action was implemented)
Other Related Resolutions
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Additional Information
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