[ALAC] Selection Process for Bylaws IRP Standing Panel

ABDULKARIM AYOPO OLOYEDE oloyede.aa at unilorin.edu.ng
Mon Jul 20 06:28:37 UTC 2020


Hi Justine,
I think we agree on most of the issues.
However there is a bit of a mix up. Yes the evaluation panel does not need
to be lawyers,  but they must understand the profession. That is what I
mean in my previous email. I was referring to the standing committee and
the required experience for the committee.
I also agree it does not have to be NOMCOM but the evaluation panel
requires  better diversity than the current IRP-IOT.
I think we can now have a proposal back to David Olive.

Thanks
AK

On Mon, Jul 20, 2020 at 12:21 AM Justine Chew <justine.chew.icann at gmail.com>
wrote:

> 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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>>>>>>
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