[rpd] AFPUB-2016-GEN-001-DRAFT-04 - Internet Number Resources Review by AFRINIC

[sm+afrinic at elandsys.com]

Hi Arnaud,
At 08:03 13-06-2017, Arnaud AMELINA wrote:
>Is the above statement  necessary all times ?

I mentioned that as there may be a conflict of interest in this case.

>Humm! already answered in the Staff coments response. see : [1]

Thanks for pointing me to the previous reply.

>According to the legal counsel of Afrinic Ltd the above is in 
>contradiction with Articles 1027 to 1027-9 of the Code de Procedure 
>Civile of Mauritius.  Was that issue addressed by the authors of 
>AFPUB-2016-GEN-001-DRAFT-04?
>
>-----------------
>Already answered too, in the staff coments response. see : [1]

 From what I understand the authors submitted 
AFPUB-2016-GEN-001-DRAFT-04 on 11 April and there were legal comments 
after that as the assessment was published on 26 April.  The authors 
addressed that comment by referring to Article 1027-1 of the Code de 
Procedure Civile of Mauritius and Section 13(c) of the RSA.  If this 
becomes a legal issue, I could be asked whether I paid attention to 
the advice given by the legal counsel of the company.  I will have to 
ask for another legal analysis unless there is a confirmation from a 
legal advisor that there isn't any contradiction with the Articles.

>"Knowledgeable Volunteers" are  individual from the community "well 
>informed " on the subject of the arbitration.

Ok.

>"community" should not need clarification. It refers  to "Internet 
>community" as defined by the bylaws as " Any person or corporate 
>body living or operating in AFRINIC service region and interested in 
>the Internet Number resource Management."
>
>BTW: I noticed there is no definition of "community" in the PDP[2] too.

The volunteers will deciding about arbitration, i.e. something 
mentioned in the Code de Procedure Civile of Mauritius, and there may 
be legal implications.  The difference between the PDP and the 
definition mentioned above is that the PDP leaves it open instead of 
restricting volunteers to "person or corporate body living or 
operating in this service region.  I am okay with the choice which 
the working group considers appropriate.

Regards,
S. Moonesamy