From 94e48cff5a921aa3363b1f48c4f767357fe0c6be Mon Sep 17 00:00:00 2001 From: Wytze van der Raay Date: Thu, 17 Jan 2013 14:59:30 +0000 Subject: [PATCH] Fix for https://bugs.cacert.org/view.php?id=1130 "Replace DisputeResolutionPolicy.html with rev p20121213" --- www/policy/DisputeResolutionPolicy.php | 403 +++++++++++++++++-------- 1 file changed, 279 insertions(+), 124 deletions(-) diff --git a/www/policy/DisputeResolutionPolicy.php b/www/policy/DisputeResolutionPolicy.php index 8b103d3..40fca3a 100644 --- a/www/policy/DisputeResolutionPolicy.php +++ b/www/policy/DisputeResolutionPolicy.php @@ -1,60 +1,95 @@ - - - +'?> + + -Dispute Resulution Policy + + Dispute Resulution Policy + + + + +
- - - - - - - - + - - - - - - - - - - - - - -
DRP Teus Hagen
POLICY m20070919.3 - $Date: 2008/01/18 22:56:31 $ - + Name: DRP COD7
+ Status: POLICY m20070919.3
+             DRAFT p20110108 p20121213
+ Editor: Teus Hagen +
+ Licence: CC-by-sa+DRP
+ TTP-Assist Status - POLICY
+ TTP-Assist Status - DRAFT +
COD7
Dispute Resolution Policy
+
-

0. Introduction

+

Dispute Resolution Policy

+ +

0. Introduction

-This is the Dispute Resolution Policy for CAcert. +This is the Dispute Resolution Policy +for CAcert +for the CAcert Community, consisting of CAcert Inc and Members who agree to the CAcert Community Agreement (CCA). Disputes arising out of -operations by CAcert and interactions between -users may be addressed through this policy. +operations by CAcert +Inc +and interactions between + +Members + +may be addressed through this policy. This document also presents the rules for resolution of disputes.

-

0.1 Nature of Disputes

+

0.1 Nature of Disputes

Disputes include: @@ -64,9 +99,12 @@ Disputes include: Requests for non-routine support actions. CAcert support team has no authority to act outside the normal support facilities made - available to Users; + available to + + Members; +

  • - Classical disputes where a User or another + Classical disputes where a Member or another assert claims and demand remedies;
  • Requests by external organisations, including @@ -75,15 +113,15 @@ Disputes include: Events initiated for training purposes.
    • -

    1. Filing

    +

    1. Filing

    -

    1.1 Filing Party

    +

    1.1 Filing Party

    Anyone may file a dispute. In filing, they become Claimants.

    -

    1.2 Channel for Filing

    +

    1.2 Channel for Filing

    Disputes are filed by being sent to the normal @@ -96,7 +134,7 @@ Such fees as are imposed on filing will be specified on the dispute resolution page of the website.

    -

    1.3 Case Manager

    +

    1.3 Case Manager

    The Case Manager (CM) takes control of the filing.

    @@ -120,10 +158,10 @@ The Case Manager (CM) takes control of the filing.

    The personnel within the CAcert support team are Case Managers, by default, or as directed -by the Dispute Resolution Officer. +by the Dispute Resolution Officer (DRO).

    -

    1.4 Contents

    +

    1.4 Contents

    The filing must specify:

    @@ -135,13 +173,13 @@ The filing must specify: being the Respondent(s). This will be CAcert in the case of requests for support actions. - It may be a User (possibly unidentified) in the - case where one User 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 Complaint. For example, a trademark has been infringed, privacy has been breached, - or a user has defrauded using a certificate. + or a Member has defrauded using a certificate.
  • The action(s) requested by the filing party (technically, called the relief). @@ -157,11 +195,12 @@ may refile with the additional information, attaching the original messages.

    -

    1.5 The Arbitrator

    +

    1.5 The Arbitrator

    The Case Manager selects the Arbitrator according -to the mechanism managed by the Dispute Resolution Officer +to the mechanism managed by the +DRO and approved from time to time. This mechanism is to maintain a list of Arbitrators available for dispute resolution. @@ -174,24 +213,31 @@ closed with status "declined."

    -Arbitrators are experienced Assurers of CAcert. +Arbitrators are experienced Assurers of CAcert. They should be independent and impartial, including -of CAcert itself where it becomes a party. +of CAcert Inc. itself where it becomes a party.

    -

    2. The Arbitration

    +

    2. The Arbitration

    -

    2.1 Authority

    +

    2.1 Authority

    -The Board of CAcert and the Users vest in Arbitrators +The Board of CAcert Inc. and the + +Members of the Community + + vest in Arbitrators full authority to hear disputes and deliver rulings -which are binding on CAcert and the Users. +which are binding on CAcert Inc. and the + +Members. +

    -

    2.2 Preliminaries

    +

    2.2 Preliminaries

    The Arbitrator conducts some preliminaries: @@ -208,29 +254,54 @@ 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 - remains under the governing law. + and especially, CAcert Inc. and other parties + remain under the governing law.

  • The Arbitrator reviews the Respondents and Claimants with a view to dismissal or joining of additional parties. - E.g., support personel may be joined if emergency action was + E.g., support personnel may be joined if emergency action was taken.
  • - Any parties that are not Users and are not bound - by the CPS are given the opportunity to enter into - CAcert and be bound by the CPS and these rules of arbitration. - If these Non-Related Persons (NRPs) remain outside, + Any parties that are not + + Members + + and are not bound by the + CPS CCA + are given the opportunity to enter into + CAcert and be bound by the + CPS CCA + and these rules of arbitration. + If + + these Non-Related Persons (NRPs) + remain outside, their rights and remedies under CAcert's policies - and forum are strictly limited to that specified in the - Non-Related Persons -- Disclaimer and Licence. - NRPs may proceed with Arbitration subject to preliminary orders + and forum are strictly limited to + that those + specified in the + Non-Related Persons -- Disclaimer and Licence Root Distribution License. + NRPs + may proceed with Arbitration subject to preliminary orders of the Arbitrator.
  • - Participating Users may not resign until the completion of the case. + Participating + + Members + + may not resign + + from the Community + + until the completion of the case.
  • The Arbitrator confirms that all parties accept the forum of dispute resolution. - This is especially important where a User might be + This is especially important where a + + Member + + might be in a country with no Arbitration Act in law, or where there is reason to believe that a party might go to an external court. @@ -240,12 +311,12 @@ The Arbitrator conducts some preliminaries: represented, but are not encouraged to do so, bearing in mind the volunteer nature of the organisation and the size of the dispute. - If they do so they must declare such, including any - changes. + If they do so, + they must declare such, including any changes.
  • The Arbitrator may appoint experienced Assurers to assist and represent parties, especially for NRPs. - The Case Manager must not to provide such assistance. + The Case Manager must not provide such assistance.
  • The Arbitrator is bound to maintain the balance of legal fairness. @@ -255,16 +326,18 @@ The Arbitrator conducts some preliminaries: to emergency actions already taken.
  • The Arbitrator may request any written pleadings, - counterclaim, and/or statements of defence. + counterclaims, and/or statements of defence.
    • -

    2.3 Jurisdiction

    +

    2.3 Jurisdiction

    -Jurisidiction - the right or power to hear and rule on +Jurisdiction - the right or power to hear and rule on disputes - is initially established by clauses in the -User agreements for all CAcert Users. + +CAcert Community Agreement. + The agreement must establish:

    @@ -292,7 +365,7 @@ to be considered carefully:

    or others as decided. @@ -531,7 +674,10 @@ He may rule and instruct any of the parties on these issues.
  • Monetary fine up to the liability cap established for - each party as described in the Registered User Agreement. + each party as described in the + + CAcert Community Agreement. +
  • Exclusion from community. @@ -548,20 +694,25 @@ 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 by the Board by way of appeal process, in order to establish precedent. +

    -

    4. Appendix

    +

    4. Appendix

    -

    4.1 The Advantages of this Forum

    +

    4.1 The Advantages of this Forum

    -The advantage of this process for Users is: +The advantage of this process for + + Members + + is:

    -

    4.2 The Disadvantages of this Forum

    +

    4.2 The Disadvantages of this Forum

    Some disadvantages exist.

    -

    4.3 Process and Flow

    +

    4.3 Process and Flow

    To the extent reasonable, the Arbitrator conducts @@ -635,5 +789,6 @@ Note also that many elements of legal proceedings are deliberately left out of the rules.

    +