[ALAC] Selection Process for Bylaws IRP Standing Panel

Sun Jul 19 23:20:56 UTC 2020

AK.

I am now a bit confused with your latest reply. I don't think anyone is
arguing against the desirability for diversity. But as you pointed out:

*if you look at the skills required for this role, one has to be a lawyer
with significant experience  or some with significant experience in
arbitration  to be able to meet up with the criteria.  for anyone to judge
those criteria tehy need to understand it.*

And I agree with you! That's what I was saying before and I will say it
again:

To facilitate the best peer review for establishing an IRP panel, we need
experienced arbitrators/counsels who understand what it takes to do the
job. The job is not a generalized one and I don't think NomCom necessarily
has what it takes because NomCom isn't mandated to have lawyers, let alone
experienced arbitrators/counsels, make up its full membership.

Participation in the IRP-IOT on the other hand is predicated on one having
professional litigation/arbitration/mediation experience, folks who
practise as litigators, arbitrators, mediators, and thus understand the job
involved. So unlike NomCom, we know that the IRP-IOT is constituted only
with litigators, arbitrators, mediators, and that's why -- between a
limited choice of NomCom and the IRP-IOT -- I think the IRP-IOT is a better
fit than NomCom.

As to the 'lack of diversity' in the IRP-IOT membership, well that's
subject to whichever litigators, arbitrators, mediators who responded to
the open call for members.

Perhaps we need to consider the possibility of expanding the choice of
bodies, one with diversity -- I don't know if there is an appetite for yet
another body -- but for now, NomCom simply isn't a good option.

Justine
------

On Sun, 19 Jul 2020 at 21:13, ABDULKARIM AYOPO OLOYEDE <
oloyede.aa at unilorin.edu.ng> wrote:

> HI,
> But I think the experience is there with NOMCOM. They have been doing it
> year in year out for all aspect of ICANN.  In terms of skills,  the skills
> would be in the diversity fo the group because they would need to pick
> people not based on what they have done in ICANN but in their professional
> life as a Lawyer or a Judge and you need to understand how to gauge that
> based on diversity.
> For example, It takes someone from the UK to understand what it takes to
> be a Queen's Counsel (QC) likewise You need to be from West Africa (English
> speaker) to understand what it takes to be a Senior Advocate of Nigeria
> (SAN). Another example is the jury system, I don't understand it cos we
> don't use it but someone from the US would understand it. If you look at
> the skills required for this role, one has to be a lawyer with significant
> experience  or some with significant experience in arbitration  to be able
> to meet up with the criteria.  for anyone to judge those criteria tehy need
> to understand it
> That why I think the key skills required is diversity and understanding
> Thanks
>
> AK
>
>
>
> On Sun, Jul 19, 2020 at 5:38 AM Holly Raiche <h.raiche at internode.on.net>
> wrote:
>
>> I have to agree with Justine on this issue.  While one would clearly hope
>> for diversity in membership, the bottom line has to be a minimum level of
>> skill and experience in such panels.
>>
>> Holly
>>
>> On Jul 18, 2020, at 11:16 PM, Justine Chew <justine.chew.icann at gmail.com>
>> wrote:
>>
>> I have less faith in NomCom being the right body simply because
>> its members are not expected to have the requisite professional
>> qualifications and experience to undertake the task of establishing a
>> standing panel for the IRP. So we may just have to agree to disagree.
>>
>> Justine
>> ------
>>
>>
>> On Sat, 18 Jul 2020 at 17:41, ABDULKARIM AYOPO OLOYEDE <
>> oloyede.aa at unilorin.edu.ng> wrote:
>>
>>> Hi
>>> Thank you Justine. Yes it's like a judicial committee and they must not
>>> be affiliated to any group in ICANN therefore they would not be know my
>>> anyone in iCAnn.
>>> However, the legal system or hierarchy varries from one country to the
>>> other and it required a diverse team to be able to dissect things.
>>> The current composition of IRP-IOT to me is not diverse enough but it's
>>> not too bad. It has 18 members and from my initial glance it has one person
>>> from Africa and one from Latin America. I do not know where the
>>> applications would come from but it requires diversity to appriciaiate some
>>> applications.   Therefore I would suggest that a more diverse group should
>>> be set up I still think NOMCOM can do it if they are properly guided as to
>>> what to expect and do..
>>> Thanks.
>>>
>>>
>>>
>>> On Sat, 18 Jul 2020, 09:56 Justine Chew, <justine.chew.icann at gmail.com>
>>> wrote:
>>>
>>>> See:
>>>> https://community.icann.org/display/IRPIOTI/Independent+Review+Process+-+Implementation+Oversight+Team+%28IRP-IOT%29+Home
>>>>
>>>>    - SOIs of members are found in a sub-page
>>>>
>>>>
>>>> On the one hand, I am not confident that NomCom is the right group to
>>>> undertake selection because IRP panellists are required to have a specific
>>>> skill-set which we cannot expect NomCom members to appreciate -- think of
>>>> it like a judicial selection committee which is tasked to recommend
>>>> appointment of judges. On the other hand, the IRP-IOT has members who have
>>>> acted or are acting as advocates for aggrieved parties, so we would need to
>>>> consider any perceptions of conflict of interest.
>>>>
>>>> Justine
>>>> ------
>>>>
>>>>
>>>> On Sat, 18 Jul 2020 at 16:43, ABDULKARIM AYOPO OLOYEDE <
>>>> oloyede.aa at unilorin.edu.ng> wrote:
>>>>
>>>>> Hi All,
>>>>> Yes, it might be a good idea for IRP-IOT to carry out this task but I
>>>>> think we need to see the full current composition (list of members) of
>>>>> IRP-IOT.
>>>>> I have tried looking for the membership online ut can't find it. Maybe
>>>>> Greg can also help with that.
>>>>> If the current IRP-IOT team is diverse enough,  I would support it if
>>>>> not my suggestion would be to have a diverse team (new team or maybe a team
>>>>> like the NOMCOM) to do the job of selecting the candidate depending on the
>>>>> applications received.
>>>>> Thanks
>>>>>
>>>>> AK
>>>>>
>>>>>
>>>>>
>>>>> On Fri, Jul 17, 2020 at 11:20 PM Maureen Hilyard <
>>>>> maureen.hilyard at gmail.com> wrote:
>>>>>
>>>>>> Dear all
>>>>>>
>>>>>> In May, David sent the following request to SO-AC Chairs which I
>>>>>> forwarded to this ALAC group seeking some opinion and/or advice on how
>>>>>> ICANN might best proceed with establishing this standing panel.
>>>>>>
>>>>>> Greg currently represents the ALAC on the IRP-IOT which is being
>>>>>> recommended as one group that could be additionally assigned this role.
>>>>>> Perhaps Greg could comment and make a recommendation based on his knowledge
>>>>>> of the requirements of this new panel and what is being done on the current
>>>>>> IRP-IOT.
>>>>>>
>>>>>> Maureen
>>>>>>
>>>>>>
>>>>>> Dear SO/AC Chairs :
>>>>>>
>>>>>>
>>>>>>
>>>>>> I am reaching out to see how we can best help you with forming this
>>>>>> representative group. Understanding the level of work already
>>>>>> underway in the community, we are suggesting that one way forward
>>>>>> might be to leverage an existing community group.
>>>>>>
>>>>>>
>>>>>>
>>>>>> As you may know, one of the features of the updated Independent
>>>>>> Review Process (IRP) under the new Bylaws is the establishment of a
>>>>>> standing panel from which panelists shall be selected to preside
>>>>>> over each IRP dispute.  The Bylaws specify that “ICANN shall, in
>>>>>> consultation with the Supporting Organizations [SOs] and Advisory
>>>>>> Committees [ACs], initiate a four-step process to establish the
>>>>>> Standing Panel…” (Bylaws, Art. 4, Sec. 4.3(j).)  Notably, the SOs
>>>>>> and ACs must collectively agree on a single proposed standing panel slate to
>>>>>> be submitted to the ICANN Board for approval as part of the four-step
>>>>>> process.
>>>>>>
>>>>>>
>>>>>>
>>>>>>  We’ve received feedback from many SOs and ACs [secure-web.cisco.com]
>>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__secure-2Dweb.cisco.com_13MkW56PyY3AtpkuEL4mekdX5fm-2DxumjmV8R-2DS7WJdH0buT9xXC1UdHBT5i6shITDhVBmfHOBmUpK30O0n8WqMEgH5Xta-2DAKyErJxtGiwni263ne0GMRCGQTGUQpfm6hVtG69pRORpjtjLcxji1en0zAgvix1o630IgERRv0TUB9TthpTbr8ptOtWcGhUoP0xtlGK5EehlVZcv3EbNdY9yrzv1CblRetRcyEGlpbYZYu60sFdMbdl4Tbw73Yqa2CgUk1L-5FETrlu9gO5o2Tsc9fA_https-253A-252F-252Fcommunity.icann.org-252Fdisplay-252FESPFIRP-252FRelevant-252BDocuments-253Fpreview-253D-252F95095469-252F126431359-252FCommunityFeedbackEstablishingStandingPanel-5F31March2020.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=h7ObVMPGpAcLv72avqZ3syNYxeg9Akd-D4l9_q4cPOQ&m=zTW8J_DZpbmbmPajmSBAKzADp73kxi5QxALVkKUg8gE&s=7Tm4rLUkqNCYzmd2XDuVqU-X6XGtsArP2TrPnNh-ibc&e=> as
>>>>>> to how they envision this work getting done, and published a summary
>>>>>> and next steps [secure-web.cisco.com]
>>>>>> <https://urldefense.proofpoint.com/v2/url?u=https-3A__secure-2Dweb.cisco.com_13MkW56PyY3AtpkuEL4mekdX5fm-2DxumjmV8R-2DS7WJdH0buT9xXC1UdHBT5i6shITDhVBmfHOBmUpK30O0n8WqMEgH5Xta-2DAKyErJxtGiwni263ne0GMRCGQTGUQpfm6hVtG69pRORpjtjLcxji1en0zAgvix1o630IgERRv0TUB9TthpTbr8ptOtWcGhUoP0xtlGK5EehlVZcv3EbNdY9yrzv1CblRetRcyEGlpbYZYu60sFdMbdl4Tbw73Yqa2CgUk1L-5FETrlu9gO5o2Tsc9fA_https-253A-252F-252Fcommunity.icann.org-252Fdisplay-252FESPFIRP-252FRelevant-252BDocuments-253Fpreview-253D-252F95095469-252F126431359-252FCommunityFeedbackEstablishingStandingPanel-5F31March2020.pdf&d=DwMFaQ&c=FmY1u3PJp6wrcrwll3mSVzgfkbPSS6sJms7xcl4I5cM&r=h7ObVMPGpAcLv72avqZ3syNYxeg9Akd-D4l9_q4cPOQ&m=zTW8J_DZpbmbmPajmSBAKzADp73kxi5QxALVkKUg8gE&s=7Tm4rLUkqNCYzmd2XDuVqU-X6XGtsArP2TrPnNh-ibc&e=>.  There
>>>>>> is strong support for the SOs and ACs to further their selection effort
>>>>>> of the Standing Panel through a small representative group, and
>>>>>> ICANN org sees this as an important component to getting the Standing
>>>>>>  Panel established.
>>>>>>
>>>>>>
>>>>>>
>>>>>> *In looking at the groups that are already active, one potential way
>>>>>> to proceed is to leverage the existence of the IRP Implementation Oversight
>>>>>> Team (IRP-IOT). *
>>>>>>
>>>>>>
>>>>>>
>>>>>> The IRP-IOT, which you helped repopulate, is already comprised of
>>>>>> people that are well qualified in issues relating to ICANN, international
>>>>>> arbitration and dispute resolution and who are likely to have the skill
>>>>>> sets that would be needed to lead the community work on this
>>>>>> important endeavor. If this is a potential way forward, we could quickly
>>>>>> work with you to explore how to appropriately do this work along
>>>>>> with the other work underway in the IRP-IOT.
>>>>>>
>>>>>>
>>>>>>
>>>>>> *We are also ready to support the community in forming a new,
>>>>>> separate representative group to do this work.*
>>>>>>
>>>>>>
>>>>>>
>>>>>>  From the ICANN org side, we’re available to support the community to
>>>>>> identify and get this representative group up and running so that the
>>>>>> panel selection process can move forward – including identification
>>>>>> of an expert to further support and coordinate the community work – in
>>>>>> time to start work when the deadline for the submission of
>>>>>> expressions interest to serve on the Standing Panel expires on 31
>>>>>> July.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Let us know how we can help you move this work along.
>>>>>>
>>>>>>
>>>>>>
>>>>>> Best regards,
>>>>>>
>>>>>> David
>>>>>>
>>>>>>
>>>>>>
>>>>>> Sent from my iPhone
>>>>>>
>>>>>>
>>>>>>
>>>>>> David A. Olive
>>>>>> Senior Vice President
>>>>>>
>>>>>> Policy Development Support
>>>>>>
>>>>>> Internet Corporation for Assigned Names and Numbers (ICANN)
>>>>>>
>>>>>>
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