[Community-Discuss] Binding Arbitration

Owen DeLong owen at delong.com
Tue Jun 7 18:41:49 UTC 2022

> In my own country (USA) on the rather special date of January 6th, 2021,
> some insurrectionist elements of my own government are now known to have
> been scheming to delay the final phase of the selection of our new president,
> and NOT for any noble, well-founded, or good reason.  Their hope was to
> delay the proceedings for a mere 10 days, during which, they believed, they
> could further their sordid and nefarious scheme to effectively take over
> the U.S. government by extra-legal means.  Thankfully, that did not happen.
> If it had, then there may well have been a second civil war my this country.
> (And I can assure all here that I am NOT exaggerating on this point.)

I will point out that none of the following applied to the January 6 situation:

	+	AFRINIC malformed the notice of meeting according to both the
		bylaws and the companies act.
	+	An injunction was issued against AFRINIC’s procedures and
		conduct in the process of electing directors which prevented
		board elections from being held at this AGMM even though it
		did proceed. (The election of directors is one of 3 primary
		purposes for the AGMM)
	+	There was no attempt at organizational takeover by the sitting
		congress in an effort to contravene the electoral process by
		limiting the selection of candidates to those favorable to the
		current board at the time. (though admittedly some members
		of congress were trying other tactics to achieve that outcome).

> Again, I personally have no opinion on the exact timing of your next AGMM.
> I only offer the observation that it is not an unknown phenomenon that some
> parties may seek to delay official proceedings as part of a larger plan to
> throw a spanner into the works.  I do not assert that this is Andrew's or
> anyone else's motive, only that it is a point to be considered with respect
> to the timing of the meeting.

I suggest you review the bylaws, the companies act, and the notice of meeting
and issue a revised opinion. I will point out that the conduct of this AGMM was
highly contentious, violated the law by considering motions not properly included
in the notice of meeting and ultimately failed to approve the financials, approve
the selection of auditors, or elect board members, which are the three primary
purposes of an AGMM. As such,I think we have observed a great deal of
wheel spinning which only served to further wrap AFRINIC around the axle.

The one apparently significant outcome of the AGMM being held relates strictly
to section 13 of the bylaws in that the event of the AGMM occurring is a triggering


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