@ -45,13 +45,18 @@
< / big >
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 / >
< span class = "change "> Additions in BLUE< / span > < span class = "strike" > strikes in BLUE< / span > are suggestions for future voting in PG.< br / >
< span class = "change 2 "> Additions in BLUE< / span > < span class = "strike" > strikes in BLUE< / span > are suggestions for future voting in PG.< br / >
< / p >
< a href = "http://validator.w3.org/check?uri=referer" > < img style = "float: right; border-width: 0" src = "http://www.w3.org/Icons/valid-xhtml11" alt = "Valid XHTML 1.1" height = "31" width = "88" / > < / a >
< ul >
< li > The historical background: The change in terms (below) was an error in production. The DRP ran ahead of other documents especially CCA in its approval process. Later on, in policy group, < a href = "//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. Therefore, with addition of < a href = "//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 >
< li > Iang < span class = "change" > 20101229< / span > : Completed < span class = "change" > BLUE< / span > changes from < i > Users< / i > to < i > Members< / i > .< / li >
< li > Iang < span class = "change" > 20101215< / span > : Added < span class = "change" > BLUE< / span > . Term < i > Registered User Agreement< / i > changed to CCA, as explained above. < / li >
< li > Iang: Added proposed text in < a href = "#3.4" > 3.4< / a > to switch the Appeal from the Board back to an Appeals Forum within Arbitration. Shown in < span class = "change" > BLUE< / span > .< / li >
< li > Iang: Several changes to fix terms up:
< ul >
< li > < span class = "change2" > 20101229< / span > : Completed < span class = "change2" > steelblue< / span > changes from < i > Users< / i > to < i > Members< / i > .< / li >
< li > < span class = "change2" > 20101215< / span > : Added < span class = "change2" > steelblue< / span > . Term < i > Registered User Agreement< / i > changed to CCA, as explained above. < / li >
< li > The historical background: The change in terms (shown in < span class = "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, < a href = "//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 < a href = "//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 >
< / ul > < / li >
< / ul >
< hr / >
@ -88,13 +93,13 @@
< / table >
< h2 > < a name = "0" > 0. < / a > Introduction< / h2 >
< h2 id = "s0" > < a name = "0" > 0. < / a > Introduction< / h2 >
< p >
This is the Dispute Resolution Policy for CAcert.
Disputes arising out of
operations by CAcert and interactions between
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
may be addressed through this policy.
@ -102,7 +107,7 @@ This document also presents the rules for
resolution of disputes.
< / p >
< h3 > < a name = "0.1" > 0.1 < / a > Nature of Disputes < / h3 >
< h3 id = "s0.1" > < a name = "0.1" > 0.1 < / a > Nature of Disputes < / h3 >
< p >
Disputes include:
@ -113,11 +118,11 @@ Disputes include:
CAcert support team has no authority to
act outside the normal support facilities made
available to
< span class = "change ">
< span class = "change 2 ">
Members;
< / span >
< / li > < li >
Classical disputes where a < span class = "change "> Member< / span > or another
Classical disputes where a < span class = "change 2 "> Member< / span > or another
assert claims and demand remedies;
< / li > < li >
Requests by external organisations, including
@ -126,15 +131,15 @@ Disputes include:
Events initiated for training purposes.
< / li > < / ul >
< h2 > < a name = "1" > 1. < / a > Filing< / h2 >
< h2 id = "s1" > < a name = "1" > 1. < / a > Filing< / h2 >
< h3 > < a name = "1.1" > 1.1 < / a > Filing Party< / h3 >
< h3 id = "s1.1" > < a name = "1.1" > 1.1 < / a > Filing Party< / h3 >
< p >
Anyone may file a dispute.
In filing, they become < i > Claimants< / i > .
< / p >
< h3 > < a name = "1.2" > 1.2 < / a > Channel for Filing< / h3 >
< h3 id = "s1.2" > < a name = "1.2" > 1.2 < / a > Channel for Filing< / h3 >
< p >
Disputes are filed by being sent to the normal
@ -147,7 +152,7 @@ Such fees as are imposed on filing will be specified
on the dispute resolution page of the website.
< / p >
< h3 > < a name = "1.3" > 1.3 < / a > Case Manager< / h3 >
< h3 id = "s1.3" > < a name = "1.3" > 1.3 < / a > Case Manager< / h3 >
< p >
The Case Manager (CM) takes control of the filing.
< / p >
@ -174,7 +179,7 @@ are Case Managers, by default, or as directed
by the Dispute Resolution Officer.
< / p >
< h3 > < a name = "1.4" > 1.4 < / a > Contents< / h3 >
< h3 id = "s1.4" > < a name = "1.4" > 1.4 < / a > Contents< / h3 >
< p >
The filing must specify:
< / p >
@ -186,13 +191,13 @@ The filing must specify:
being the < i > Respondent(s)< / i > .
This will be CAcert in the
case of requests for support actions.
It may be a < span class = "change "> Member< / span > (possibly unidentified) in the
case where one < span class = "change "> Member< / span > has given rise to a complaint against another.
It may be a < span class = "change 2 "> Member< / span > (possibly unidentified) in the
case where one < span class = "change 2 "> Member< / span > has given rise to a complaint against another.
< / li > < li >
The < i > Complaint< / i > .
For example, a trademark has been infringed,
privacy has been breached,
or a < span class = "change "> Member< / span > has defrauded using a certificate.
or a < span class = "change 2 "> Member< / span > has defrauded using a certificate.
< / li > < li >
The action(s) requested by the filing party
(technically, called the < i > relief< / i > ).
@ -208,7 +213,7 @@ may refile with the additional information,
attaching the original messages.
< / p >
< h3 > < a name = "1.5" > 1.5 < / a > The Arbitrator< / h3 >
< h3 id = "s1.5" > < a name = "1.5" > 1.5 < / a > The Arbitrator< / h3 >
< p >
The Case Manager selects the Arbitrator according
@ -230,26 +235,26 @@ They should be independent and impartial, including
of CAcert itself where it becomes a party.
< / p >
< h2 > < a name = "2" > 2. < / a > The Arbitration< / h2 >
< h2 id = "s2" > < a name = "2" > 2. < / a > The Arbitration< / h2 >
< h3 > < a name = "2.1" > 2.1 < / a > Authority< / h3 >
< h3 id = "s2.1" > < a name = "2.1" > 2.1 < / a > Authority< / h3 >
< p >
The Board of CAcert and the
< span class = "change ">
< span class = "change 2 ">
Members of the Community
< / span >
vest in Arbitrators
full authority to hear disputes and deliver rulings
which are binding on CAcert and the
< span class = "change ">
< span class = "change 2 ">
Members.
< / span >
< / p >
< h3 > < a name = "2.2" > 2.2 < / a > Preliminaries< / h3 >
< h3 id = "s2.2" > < a name = "2.2" > 2.2 < / a > Preliminaries< / h3 >
< p >
The Arbitrator conducts some preliminaries:
@ -275,7 +280,7 @@ The Arbitrator conducts some preliminaries:
taken.
< / li > < li >
Any parties that are not
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
and are not bound
@ -289,11 +294,11 @@ The Arbitrator conducts some preliminaries:
of the Arbitrator.
< / li > < li >
Participating
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
may not resign
< span class = "change ">
< span class = "change 2 ">
from the Community
< / span >
until the completion of the case.
@ -301,7 +306,7 @@ The Arbitrator conducts some preliminaries:
The Arbitrator confirms that all parties accept
the forum of dispute resolution.
This is especially important where a
< span class = "change ">
< span class = "change 2 ">
Member
< / span >
might be
@ -333,12 +338,12 @@ The Arbitrator conducts some preliminaries:
< / li > < / ul >
< h3 > < a name = "2.3" > 2.3 < / a > Jurisdiction < / h3 >
< h3 id = "s2.3" > < a name = "2.3" > 2.3 < / a > Jurisdiction < / h3 >
< p >
Jurisidiction - the right or power to hear and rule on
disputes - is initially established by clauses in the
< span class = "change ">
< span class = "change 2 ">
CAcert Community Agreement.
< / span >
The agreement must establish:
@ -378,7 +383,7 @@ to be considered carefully:
e.g., fraud;
< / li > < li >
Contracts between
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
that were formed without
@ -402,7 +407,7 @@ another forum, the Arbitrator should seek the agreement
of the NRP to file the ruling as part of the new case.
< / p >
< h3 > < a name = "2.4" > 2.4 < / a > Basis in Law < / h3 >
< h3 id = "s2.4" > < a name = "2.4" > 2.4 < / a > Basis in Law < / h3 >
< p >
Each country generally has an Arbitration Act
@ -411,7 +416,7 @@ resolution forum.
The Act generally defers to Arbitration
if the parties have so agreed.
That is, as
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
of CAcert, you agree to resolve
@ -423,7 +428,7 @@ or <i>alternative dispute resolution</i>.
< p >
As a matter of public policy, courts will generally
refer any case back to Arbitration.
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
should understand that they will have
@ -432,7 +437,7 @@ seek to have a case heard or to override a Ruling.
< / p >
< h3 > < a name = "2.5" > 2.5 < / a > External Courts < / h3 >
< h3 id = "s2.5" > < a name = "2.5" > 2.5 < / a > External Courts < / h3 >
< p >
When an external court claims and asserts its jurisdiction,
@ -451,7 +456,7 @@ seek to have a case heard or to override a Ruling.
The Arbitrator may rule to reject the order,
for jurisdiction or other reasons.
By way of example, if all Parties are
< span class = "change ">
< span class = "change 2 ">
Members of CAcert,
< / span >
then jurisdiction more normally falls within the forum.
@ -463,7 +468,7 @@ seek to have a case heard or to override a Ruling.
< / p >
< h3 > < a name = "2.6" > 2.6 < / a > Process< / h3 >
< h3 id = "s2.6" > < a name = "2.6" > 2.6 < / a > Process< / h3 >
< p >
The Arbitrator follows the procedure:
@ -474,7 +479,7 @@ The Arbitrator follows the procedure:
Establish the facts.
The Arbitrator collects the evidence from the parties.
The Arbitrator may order CAcert or
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
under jurisdiction to provide support or information.
@ -487,12 +492,12 @@ The Arbitrator follows the procedure:
submit their views.
The Arbitrator also works to the mission of CAcert,
the benefit of all
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
, and the community as a whole.
The Arbitrator may
< span class = "change ">
< span class = "change 2 ">
seek (?)
< / span >
any assistance.
@ -500,9 +505,9 @@ The Arbitrator follows the procedure:
Makes a considered Ruling.
< / li > < / ol >
< h2 > < a name = "3" > 3. < / a > The Ruling< / h2 >
< h2 id = "s3" > < a name = "3" > 3. < / a > The Ruling< / h2 >
< h3 > < a name = "3.1" > 3.1 < / a > The Contents < / h3 >
< h3 id = "s3.1" > < a name = "3.1" > 3.1 < / a > The Contents < / h3 >
< p >
The Arbitrator records:
@ -522,11 +527,11 @@ The Arbitrator records:
< / li > < / ol >
< h3 > < a name = "3.2" > 3.2 < / a > Process < / h3 >
< h3 id = "s3.2" > < a name = "3.2" > 3.2 < / a > Process < / h3 >
< p >
Once the Ruling is delivered, the case is closed.
The Case Manager is responsible for recording the
Ruling, publishing it, and advising < span class = "change "> Members< / span > .
Ruling, publishing it, and advising < span class = "change 2 "> Members< / span > .
< / p >
< p >
@ -544,28 +549,28 @@ by the Board,
and the Board must confirm or deny that declaration.
If it confirms, the existance of any Rulings under seal
must be published to the
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
in a timely manner
(within days).
< / p >
< h3 > < a name = "3.3" > 3.3 < / a > Binding and Final < / h3 >
< h3 id = "s3.3" > < a name = "3.3" > 3.3 < / a > Binding and Final < / h3 >
< p >
The Ruling is binding and final on CAcert and all
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
.
Ordinarily, all
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
agree to be bound by this dispute
resolution policy.
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
must declare in the Preliminaries
@ -574,7 +579,7 @@ any default in agreement or binding.
< p >
If a person who is not a
< span class = "change ">
< span class = "change 2 ">
Member
< / span >
is a party to the dispute,
@ -583,25 +588,41 @@ but the Ruling must be presented in filing any dispute
in another forum such as the person's local courts.
< / p >
< h3 > < a name = "3.4" > 3.4 < / a > Re-opening the Case or Appeal < / h3 >
< h3 id = "s3.4" > < a name = "3.4" > 3.4 < / a > Re-opening the Case or Appeal < / h3 >
< p >
In the case of clear injustices, egregious behaviour or
unconscionable Rulings, parties may seek to re-open the
case by filing a dispute. The new Arbitrator
reviews the new dispute,
In the < span class = "change" > event< / span > < span class = "strike" > case< / span > of clear injustices, egregious behaviour or
unconscionable Rulings,
< span class = "change" >
a review may be requested by filing a dispute.
< / span >
< span class = "strike" >
parties may seek to re-open the
case by filing a dispute.
< / span >
The new Arbitrator reviews the new dispute,
re-examines and reviews the entire case, then rules on
whether the case may be re-opened or not.
< / p >
< p >
< span class = "change" >
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,
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 >
< span class = "strike" >
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
and binding Ruling.
< / span >
< / p >
< h3 > < a name = "3.5" > 3.5 < / a > Liability < / h3 >
< h3 id = "s3.5" > < a name = "3.5" > 3.5 < / a > Liability < / h3 >
< p >
All liability of the Arbitrator for any act in
@ -621,7 +642,7 @@ appeal process (by means of a new dispute causing
referral to the Board).
< / p >
< h3 > < a name = "3.6" > 3.6 < / a > Remedies < / h3 >
< h3 id = "s3.6" > < a name = "3.6" > 3.6 < / a > Remedies < / h3 >
< p >
The Arbitrator generally instructs using internal remedies,
@ -654,7 +675,7 @@ He may rule and instruct any of the parties on these issues.
< / li > < li >
Monetary fine up to the liability cap established for
each party as described in the
< span class = "change ">
< span class = "change 2 ">
CAcert Community Agreement.
< / span >
@ -677,20 +698,20 @@ confirmed by the Board by way of appeals process,
in order to establish precedent.
< / p >
< h2 > < a name = "4" > 4. < / a > Appendix< / h2 >
< h2 id = "s4" > < a name = "4" > 4. < / a > Appendix< / h2 >
< h3 > < a name = "4.1" > 4.1 < / a > The Advantages of this Forum < / h3 >
< h3 id = "s4.1" > < a name = "4.1" > 4.1 < / a > The Advantages of this Forum < / h3 >
< p >
The advantage of this process for
< span class = "change ">
< span class = "change 2 ">
Members
< / span >
is:
< / p >
< ul > < li >
CAcert and < span class = "change "> Members< / span > operate across many jurisdictions.
CAcert and < span class = "change 2 "> Members< / span > operate across many jurisdictions.
Arbitration allows us to select a single set of
rules across all jurisdictions.
< / li > < li >
@ -701,7 +722,7 @@ The advantage of this process for
authority to act.
Good governance is thus maintained.
< / li > < li >
This forum allows CAcert < span class = "change "> Members< / span > to look after themselves
This forum allows CAcert < span class = "change 2 "> Members< / span > to look after themselves
in a community, without exposing each other to potentially
disastrous results in strange courts from foreign lands.
< / li > < li >
@ -717,18 +738,18 @@ The advantage of this process for
other external agencies.
< / li > < / ul >
< h3 > < a name = "4.2" > 4.2 < / a > The Disadvantages of this Forum < / h3 >
< h3 id = "s4.2" > < a name = "4.2" > 4.2 < / a > The Disadvantages of this Forum < / h3 >
< p >
Some disadvantages exist.
< / p >
< ul > < li >
< span class = "change "> Members< / span > may have their rights trampled over.
< span class = "change 2 "> 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.
< / li > < li >
< span class = "change "> Members< / span > may feel overwhelmed by the formality
< span class = "change 2 "> Members< / span > may feel overwhelmed by the formality
of the process.
It is kept formal so as to establish good and proper
authority to act; otherwise, support and other
@ -742,7 +763,7 @@ Some disadvantages exist.
they should also depart the community.
< / li > < / ul >
< h3 > < a name = "4.3" > 4.3 < / a > Process and Flow < / h3 >
< h3 id = "s4.3" > < a name = "4.3" > 4.3 < / a > Process and Flow < / h3 >
< p >
To the extent reasonable, the Arbitrator conducts
Ian Grigg
14 years ago