diff --git a/DisputeResolutionPolicy.html b/DisputeResolutionPolicy.html
index 5fbf567..5d1e70c 100644
--- a/DisputeResolutionPolicy.html
+++ b/DisputeResolutionPolicy.html
@@ -45,13 +45,18 @@
This document is a work-in-progress to include future revisions only,
and is currently only relevant for the [policy] group.
- Additions in BLUE strikes in BLUE are suggestions for future voting in PG.
+ Additions in BLUE strikes in BLUE are suggestions for future voting in PG.
This is the Dispute Resolution Policy for CAcert. Disputes arising out of operations by CAcert and interactions between - + Members may be addressed through this policy. @@ -102,7 +107,7 @@ This document also presents the rules for resolution of disputes.
-
Disputes include:
@@ -113,11 +118,11 @@ Disputes include:
CAcert support team has no authority to
act outside the normal support facilities made
available to
-
+
Members;
Anyone may file a dispute.
In filing, they become Claimants.
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.
The Case Manager (CM) takes control of the filing.
1. Filing
+ 1. Filing
- 1.1 Filing Party
+ 1.1 Filing Party
1.2 Channel for Filing
+ 1.2 Channel for Filing
1.3 Case Manager
+ 1.3 Case Manager
The filing must specify:
@@ -186,13 +191,13 @@ The filing must specify: being the Respondent(s). This will be CAcert in the case of requests for support actions. - It may be a Member (possibly unidentified) in the - case where one Member has given rise to a complaint against another. + It may be a Member (possibly unidentified) in the + case where one Member has given rise to a complaint against another.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.
-The Board of CAcert and the - + Members of the Community vest in Arbitrators full authority to hear disputes and deliver rulings which are binding on CAcert and the - + Members.
-The Arbitrator conducts some preliminaries: @@ -275,7 +280,7 @@ The Arbitrator conducts some preliminaries: taken.
Jurisidiction - the right or power to hear and rule on
disputes - is initially established by clauses in the
-
+
CAcert Community Agreement.
The agreement must establish:
@@ -378,7 +383,7 @@ to be considered carefully:
e.g., fraud;
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
-
+
Members
of CAcert, you agree to resolve
@@ -423,7 +428,7 @@ or alternative dispute resolution.
As a matter of public policy, courts will generally
refer any case back to Arbitration.
-
+
Members
should understand that they will have
@@ -432,7 +437,7 @@ seek to have a case heard or to override a Ruling.
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
-
+
Members of CAcert,
then jurisdiction more normally falls within the forum.
@@ -463,7 +468,7 @@ seek to have a case heard or to override a Ruling.
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
-
+
Members
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
-
+
Members
, and the community as a whole.
The Arbitrator may
-
+
seek (?)
any assistance.
@@ -500,9 +505,9 @@ The Arbitrator follows the procedure:
Makes a considered Ruling.
-
The Arbitrator records:
@@ -522,11 +527,11 @@ The Arbitrator records:
-
Once the Ruling is delivered, the case is closed.
The Case Manager is responsible for recording the
-Ruling, publishing it, and advising Members.
+Ruling, publishing it, and advising Members.
@@ -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
-
+
Members
in a timely manner
(within days).
The Ruling is binding and final on CAcert and all
-
+
Members
.
Ordinarily, all
-
+
Members
agree to be bound by this dispute
resolution policy.
-
+
Members
must declare in the Preliminaries
@@ -574,7 +579,7 @@ any default in agreement or binding.
If a person who is not a
-
+
Member
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.
-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 event case of clear injustices, egregious behaviour or
+unconscionable Rulings,
+
+a review may be requested by filing a dispute.
+
+
+parties may seek to re-open the
+case by filing a dispute.
+
+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.
+
+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.
+
+
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.
+
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).
The Arbitrator generally instructs using internal remedies,
@@ -654,7 +675,7 @@ He may rule and instruct any of the parties on these issues.
The advantage of this process for
-
+
Members
is:
Some disadvantages exist.
To the extent reasonable, the Arbitrator conducts
2.5 External Courts
+ 2.5 External Courts
2.6 Process
+ 2.6 Process
3. The Ruling
+ 3. The Ruling
- 3.1 The Contents
+ 3.1 The Contents
3.2 Process
+ 3.2 Process
3.3 Binding and Final
+ 3.3 Binding and Final
3.4 Re-opening the Case or Appeal
+ 3.4 Re-opening the Case or Appeal
3.5 Liability
+ 3.5 Liability
3.6 Remedies
+ 3.6 Remedies
4. Appendix
+ 4. Appendix
- 4.1 The Advantages of this Forum
+ 4.1 The Advantages of this Forum
- 4.2 The Disadvantages of this Forum
+ 4.2 The Disadvantages of this Forum
- 4.3 Process and Flow
+ 4.3 Process and Flow