Re: [ICANN-EU] The real challenge for all of us as candidates

["Andreas Fügner" <Andreas.Fuegner@lizenz.com>]

Dear Roberto:


>I really believe that we need something different than "offline law" to
>handle these issues. We cannot rely to the normal courts, and the only way
>is to have a dispute resolution mechanism, binding by contract, that will
>ensure that policy is respected.


This violates basic democratic understanding.
You are arguing to force everybody into a new jurisdiction without
seperation of powers.

>But the next step is that clear policy has *really* to be established, and
>the rulings have *really* to be conformant to the established policy. We
>cannot accept that a case will have different winners/losers depending on
>the personal opinions and interpretations of tha arbitrator.

Every policy, every law leaves room for interpretation. And as long as
people
make mistakes (incl. judges, juries or arbitrators) the way for advancement
is to have different courts with different decisions to learn from. Of
course
that requires the chance to appeal.
All this is basic for a functioning system of policy or law.
Your words sound like dictatorship to me.
Monopolistic power should never be placed in hands with these opinions.

Andreas Fuegner