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<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>
Such a declaration must be reviewed in its entirety
Such a declaration must be reviewed in its entirety
by the Board,
by the Board,
and the Board must confirm or deny that declaration.
and the Board must confirm or deny that declaration.
If it confirms, the existance of any Rulings under seal
If it confirms, the existence of any Rulings under seal
must be published to the Users in a timely manner
must be published to the
<spanclass="draftadd">
Members
</span>
in a timely manner
(within days).
(within days).
</p>
</p>
<h3><aname="3.3">3.3 </a> Binding and Final </h3>
<h3id="s3.3"> 3.3 Binding and Final </h3>
<p>
<p>
The Ruling is binding and final on CAcert and all Users.
The Ruling is
Ordinarily, all Users agree to be bound by this dispute
<!-- (DRAFT p20110108) -->
resolution policy. Users must declare in the Preliminaries
<spanclass="draftadd">ordinarily final and binding </span>
<spanclass="draftdrop">binding and final</span>
on CAcert <spanclass="draftadd">Inc.</span> and all
<spanclass="draftadd">
Members
</span>
.
Ordinarily, all
<spanclass="draftadd">
Members
</span>
agree to be bound by this dispute
resolution policy.
<spanclass="draftadd">
Members
</span>
must declare in the Preliminaries
any default in agreement or binding.
any default in agreement or binding.
</p>
</p>
<p>
<p>
If a person who is not a User is a party to the dispute,
If a person who is not a
<spanclass="draftadd">
Member
</span>
is a party to the dispute,
then the Ruling is not binding and final on that person,
then the Ruling is not binding and final on that person,
but the Ruling must be presented in filing any dispute
but the Ruling must be presented in filing any dispute
in another forum such as the person's local courts.
in another forum such as the person's local courts.
</p>
</p>
<h3><aname="3.4">3.4 </a> Re-opening the Case or Appeal </h3>
<h3id="s3.4"> 3.4 <spanclass="draftadd">Review for Appeal (DRAFT p20110108)</span> <spanclass="draftdrop">Re-opening the Case or Appeal</span></h3>
<p>
<p>
In the case of clear injustices, egregious behaviour or
In the <spanclass="draftadd">event</span><spanclass="draftdrop">case</span> of clear injustices, egregious behaviour or
unconscionable Rulings, parties may seek to re-open the
unconscionable Rulings,
case by filing a dispute. The new Arbitrator
<spanclass="draftadd">
reviews the new dispute,
a review may be requested by filing a dispute (DRAFT p20110108).
</span>
<spanclass="draftdrop">
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
re-examines and reviews the entire case, then rules on
whether the case may be re-opened or not.
whether the case may be re-opened or not.
</p>
</p>
<p>
<p>
<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,
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.
(DRAFT p20110108)
</span>
<spanclass="draftdrop">
If the new Arbitrator rules the case be re-opened,
If the new Arbitrator rules the case be re-opened,
then it is referred to the Board of CAcert Inc.
then it is referred to the Board of CAcert Inc.
The Board hears the case and delivers a final
The Board hears the case and delivers a final
and binding Ruling.
and binding Ruling.
</span>
</p>
</p>
<h3><aname="3.5">3.5 </a> Liability </h3>
<h3id="s3.5"> 3.5 Liability </h3>
<p>
<p>
All liability of the Arbitrator for any act in
All liability of the Arbitrator for any act in
connection with deciding a dispute is excluded
connection with deciding a dispute is excluded
by all parties, provided such act does not constitute
by all parties, provided such act does not constitute
an intentional breach of duty.
an intentional breach of duty.
All liability of the Arbitrators, CAcert, its officers and its
All liability of the Arbitrators, CAcert<spanclass="draftadd">Inc.</span>, its officers and its
employees (including Case Manager)
employees (including Case Manager)
for any other act or omission in connection with
for any other act or omission in connection with
arbitration proceedings is excluded, provided such acts do not
arbitration proceedings is excluded, provided such acts do not
@ -495,15 +635,18 @@ constitute an intentional or grossly negligent breach of duty.
<p>
<p>
The above provisions may only be overridden by
The above provisions may only be overridden by
appeal process (by means of a new dispute causing
appeal process
referral to the Board).
(by means of a new dispute causing referral to the Board).
</p>
</p>
<h3><aname="3.6">3.6 </a> Remedies </h3>
<h3id="s3.6"> 3.6 Remedies </h3>
<p>
<p>
The Arbitrator generally instructs using internal remedies,
The Arbitrator generally instructs using internal remedies,
that is ones that are within the general domain of CAcert,
that is ones that are within the general domain of
<spanclass="draftdrop">CAcert</span>
<spanclass="draftadd">the Community</span>,
but there are some external remedies at his disposal.
but there are some external remedies at his disposal.
He may rule and instruct any of the parties on these issues.
He may rule and instruct any of the parties on these issues.
</p>
</p>
@ -515,7 +658,7 @@ He may rule and instruct any of the parties on these issues.
</li><li>
</li><li>
writing documentation
writing documentation
</li><li>
</li><li>
serve in role - support, dispute arbitration
serve in <spanclass="change2">a</span>role - support, dispute arbitration
</li></ul>
</li></ul>
or others as decided.
or others as decided.
@ -531,7 +674,10 @@ He may rule and instruct any of the parties on these issues.
</li><li>
</li><li>
Monetary fine up to the liability cap established for
Monetary fine up to the liability cap established for
each party as described in the Registered User Agreement.
each party as described in the
<spanclass="draftadd">
CAcert Community Agreement.
</span>
</li><li>
</li><li>
Exclusion from community.
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
The Arbitrator is not limited within the general domain
of CAcert, and may instruct novel remedies as seen fit.
of CAcert, and may instruct novel remedies as seen fit.
Novel remedies outside the domain may be routinely
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.
in order to establish precedent.
</p>
</p>
<h2><aname="4"> 4. </a> Appendix</h2>
<h2id="s4"> 4. Appendix</h2>
<h3><aname="4.1">4.1 </a> The Advantages of this Forum </h3>
<h3id="s4.1"> 4.1 The Advantages of this Forum </h3>
<p>
<p>
The advantage of this process for Users is:
The advantage of this process for
<spanclass="draftadd">
Members
</span>
is:
</p>
</p>
<ul><li>
<ul><li>
CAcert and Users operate across many jurisdictions.
CAcert and <spanclass="draftadd">Members</span> operate across many jurisdictions.
Arbitration allows us to select a single set of
Arbitration allows us to select a single set of
rules across all jurisdictions.
rules across all jurisdictions.
</li><li>
</li><li>
@ -572,7 +723,7 @@ The advantage of this process for Users is:
authority to act.
authority to act.
Good governance is thus maintained.
Good governance is thus maintained.
</li><li>
</li><li>
This forum allows CAcert Users to look after themselves
This forum allows CAcert <spanclass="draftadd">Members</span> to look after themselves
in a community, without exposing each other to potentially
in a community, without exposing each other to potentially
disastrous results in strange courts from foreign lands.
disastrous results in strange courts from foreign lands.
</li><li>
</li><li>
@ -588,18 +739,21 @@ The advantage of this process for Users is:
other external agencies.
other external agencies.
</li></ul>
</li></ul>
<h3><aname="4.2">4.2 </a> The Disadvantages of this Forum </h3>
<h3id="s4.2"> 4.2 The Disadvantages of this Forum </h3>
<p>
<p>
Some disadvantages exist.
Some disadvantages exist.
</p>
</p>
<ul><li>
<ul><li>
Users may have their rights trampled over.
<spanclass="draftadd">Members</span> may have their rights trampled over.
In such a case, the community should strive to
In such a case, the community should strive to
re-open the case and refer it to the board.
re-open the case
and refer it to the board.
</li><li>
</li><li>
Users may feel overwhelmed by the formality
<spanclass="draftadd">Members</span> may feel overwhelmed by the formality
of the process.
of the process.
It is kept formal so as to establish good and proper
It is kept formal so as to establish good and proper
authority to act; otherwise, support and other
authority to act; otherwise, support and other
@ -613,7 +767,7 @@ Some disadvantages exist.
they should also depart the community.
they should also depart the community.
</li></ul>
</li></ul>
<h3><aname="4.3">4.3 </a> Process and Flow </h3>
<h3id="s4.3"> 4.3 Process and Flow </h3>
<p>
<p>
To the extent reasonable, the Arbitrator conducts
To the extent reasonable, the Arbitrator conducts
@ -635,5 +789,6 @@ Note also that many elements of legal proceedings are