This document is a <b>work-in-progress</b> to include future revisions only,<br/>
and is currently <b>only relevant for the [policy] group</b>.<br/>
<spanclass="change">Additions in BLUE</span><spanclass="strike">strikes in BLUE</span> are suggestions for future voting in PG.<br/>
<spanclass="change2">minor and routine tweaks are in steelblue</span>.<br/>
Colour code:<ul>
<li><spanclass="change">Additions in BLUE</span><spanclass="strike">strikes in BLUE</span> are suggestions for future voting in PG.</li>
<li><spanclass="change2">minor and routine tweaks are in steelblue</span>.</li>
<li> DRAFT-approved <spanclass="draftadd">additions in darkblue</span> and <spanclass="draftdrop">subtractions in lightblue</span> are already approved by a policy group motion.</li>
<ul><li>incorporated new text as <spanclass="draftadd">darkblue</span> and dropped text as <spanclass="draftdrop">lightblue</span>,
<li> use of colours to meet PoP 5.3,</li>
<li> fixed some other references to Board as Appeal. Proposed to incorporate these without further discussion.</li>
<li> Reviewed and changed the term CAcert to CAcert Inc. where clear. Proposed to incorporate these without further discussion.</li>
</ul>
<li>Iang: 20110117 Changed 3.4 title to match the intent of the paras more closely, in <spanclass="change">BLUE</span>.</li>
<li>Iang: 20110112 Tuned text in <ahref="#3.3">3.3</a> to reflect ultimate final & binding status in 3.4. Also swapped order of terms to more customary form. Shown in <spanclass="change">BLUE</span>.</li>
<li>Iang: 20110107 <b>Added proposed text in <ahref="#3.4">3.4</a> to switch the Appeal from the Board to a Panel within Arbitration.</b> Shown in <spanclass="change">BLUE</span>. This change is substantive. </li>
<li>Iang: Several changes to fix terms up:
<ul>
<li><spanclass="change2">20101229</span>: Completed <spanclass="change2">steelblue</span> changes from <i>Users</i> to <i>Members</i>.</li>
<li><spanclass="change2">20101215</span>: Added <spanclass="change2">steelblue</span>. Term <i>Registered User Agreement</i> changed to CCA, as explained above. </li>
<li><spanclass="change2">20101215</span>: Added <spanclass="change2">steelblue</span>. Term <i>Registered User Agreement</i> changed to CCA, as explained below. </li>
<li> The historical background: The change in terms (shown in <spanclass="change2">steelblue</span>) repair errors in production. The DRP ran ahead of other documents especially CCA in its approval process. Later on, in policy group, <ahref="//wiki.cacert.org/PolicyDecisions#p20080106.1">we changed the term <i>User</i> to <i>Member</i></a>, at 11th hour in the approval process for CCA. </li>
<li><b> Therefore</b>, with addition of <ahref="//wiki.cacert.org/PolicyDecisions#p20100306">p20100306</a>, this change is proposed by Policy Officer to be incorporated into next approved change without a vote on these changes in terms. If anyone wants to put it to the vote, go ahead! </li>
<ahref="//www.cacert.org/policy/PolicyOnPolicy.php"><imgsrc="images/cacert-policy.png"alt="TTP-Assist Status - DRAFT"height="31"width="88"style="border-style: none;"/></a>
<ahref="//www.cacert.org/policy/PolicyOnPolicy.php"><imgsrc="images/cacert-policy.png"alt="TTP-Assist Status - POLICY"height="31"width="88"style="border-style: none;"/></a><br/>
<ahref="//www.cacert.org/policy/PolicyOnPolicy.php"><imgsrc="images/cacert-draft.png"alt="TTP-Assist Status - DRAFT"height="31"width="88"style="border-style: none;"/></a>
</td>
</tr>
@ -223,9 +243,9 @@ closed with status "declined."
</p>
<p>
Arbitrators are experienced Assurers of CAcert.
Arbitrators are experienced Assurers <spanclass="strike">of CAcert</span>.
They should be independent and impartial, including
of CAcert itself where it becomes a party.
of CAcert <spanclass="change">Inc.</span>itself where it becomes a party.
</p>
<h2id="s2"> 2. The Arbitration</h2>
@ -234,13 +254,13 @@ of CAcert itself where it becomes a party.
<h3id="s2.1"> 2.1 Authority</h3>
<p>
The Board of CAcert and the
The Board of CAcert <spanclass="change">Inc.</span>and the
<spanclass="change2">
Members of the Community
</span>
vest in Arbitrators
full authority to hear disputes and deliver rulings
which are binding on CAcert and the
which are binding on CAcert <spanclass="change">Inc.</span>and the
<spanclass="change2">
Members.
</span>
@ -264,7 +284,7 @@ The Arbitrator conducts some preliminaries:
agree, are under such jurisdiction, and it is deemed
more appropriate.
However, this is strictly limited to those parties,
and especially, CAcert and other parties
and especially, CAcert <spanclass="change">Inc.</span>and other parties
remains under the governing law.
</li><li>
The Arbitrator reviews the Respondents and Claimants
@ -381,7 +401,10 @@ to be considered carefully:
</span>
that were formed without
a clause to seek arbitration in the forum;
<ulclass="q"><li> Refer to issue of contracting out; more certainty might be required on this point. </li></ul>
<ulclass="q">
<li> Refer to issue of contracting out; more certainty might be required on this point. </li>
<li> s/clause/intent/ ? </li>
</ul>
</li><li>
Areas where laws fall outside the Arbitration Act,
such as privacy;
@ -412,7 +435,8 @@ That is, as
<spanclass="change2">
Members
</span>
of CAcert, you agree to resolve
<spanclass="strike">of CAcert</span>,
you agree to resolve
all disputes before CAcert's forum.
This is sometimes called <i>private law</i>
or <i>alternative dispute resolution</i>.
@ -450,11 +474,11 @@ seek to have a case heard or to override a Ruling.
for jurisdiction or other reasons.
By way of example, if all Parties are
<spanclass="change2">
Members of CAcert,
Members,
</span>
then jurisdiction more normally falls within the forum.
If the Arbitrator rules to reject,
he should do so only after consulting with CAcert counsel.
he should do so only after consulting with CAcert <spanclass="change">Inc.</span>counsel.
The Arbitrator's jurisidiction is ordinarily that of
dealing with the order, and
not that which the external court has claimed to.
@ -471,7 +495,7 @@ The Arbitrator follows the procedure:
<ol><li>
Establish the facts.
The Arbitrator collects the evidence from the parties.
The Arbitrator may order CAcert or
The Arbitrator may order CAcert <spanclass="change">Inc.</span>or
<spanclass="change2">
Members
</span>
@ -553,9 +577,9 @@ in a timely manner
<p>
The Ruling is
<spanclass="change">ordinarily final and binding</span>
<spanclass="strike">binding and final</span>
on CAcert and all
<spanclass="draftadd">ordinarily final and binding</span>
<spanclass="draftdrop">binding and final</span>
on CAcert <spanclass="change">Inc.</span>and all
<spanclass="change2">
Members
</span>
@ -584,15 +608,15 @@ but the Ruling must be presented in filing any dispute
in another forum such as the person's local courts.
</p>
<h3id="s3.4"> 3.4 <spanclass="change">Review for Appeal</span> <spanclass="strike">Re-opening the Case or Appeal</span></h3>
<h3id="s3.4"> 3.4 <spanclass="draftadd">Review for Appeal</span> <spanclass="draftdrop">Re-opening the Case or Appeal</span></h3>
<p>
In the <spanclass="change">event</span><spanclass="strike">case</span> of clear injustices, egregious behaviour or
In the <spanclass="draftadd">event</span><spanclass="draftdrop">case</span> of clear injustices, egregious behaviour or
unconscionable Rulings,
<spanclass="change">
<spanclass="draftadd">
a review may be requested by filing a dispute.
</span>
<spanclass="strike">
<spanclass="draftdrop">
parties may seek to re-open the
case by filing a dispute.
</span>
@ -602,7 +626,7 @@ whether the case may be re-opened or not.
</p>
<p>
<spanclass="change">
<spanclass="draftadd">
If the Review Arbitrator rules the case be re-opened,
then the Review Arbitrator refers the case to an Appeal Panel of 3.
The Appeal Panel is led by a Senior Arbitrator,
@ -610,7 +634,7 @@ and is formed according to procedures established
by the DRO from time to time.
The Appeal Panel hears the case and delivers a final and binding Ruling.
</span>
<spanclass="strike">
<spanclass="draftdrop">
If the new Arbitrator rules the case be re-opened,
then it is referred to the Board of CAcert Inc.
The Board hears the case and delivers a final
@ -634,8 +658,11 @@ constitute an intentional or grossly negligent breach of duty.
<p>
The above provisions may only be overridden by
appeal process (by means of a new dispute causing
appeal process.
<spanclass="draftdrop">
(by means of a new dispute causing
referral to the Board).
</span>
</p>
<h3id="s3.6"> 3.6 Remedies </h3>
@ -690,7 +717,7 @@ He may rule and instruct any of the parties on these issues.
The Arbitrator is not limited within the general domain
of CAcert, and may instruct novel remedies as seen fit.
Novel remedies outside the domain may be routinely
confirmed by the Board by way of appeals process,
confirmed <spanclass="draftdrop">by the Board</span> by way of appeal process,
in order to establish precedent.
</p>
@ -743,7 +770,7 @@ Some disadvantages exist.
<ul><li>
<spanclass="change2">Members</span> may have their rights trampled over.
In such a case, the community should strive to
re-open the case and refer it to the board.
re-open the case <spanclass="draftdrop">and refer it to the board<span>.
</li><li>
<spanclass="change2">Members</span> may feel overwhelmed by the formality
Ian Grigg
14 years ago