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Re: Our draft
Is there a definition of a Fair Hearing Panel. If it is not known in
advance what constitutes a fair hearing then by definition it is not a
fair hearing.
On the other hand follow the references below to a scheme of things
that sets out fair rules. Bear in mind though that following fair
rules does not necessarily produce a fair result.
Cliff Dilloway
INTERNET GOVERNANCE BY SELF REGULATION
Attention those believing in freedom on the Internet.
Have you had cause to consider how some discipline
might be exercised over the Internet. If so you
will have realised that no country can exercise
jurisdiction beyond it's own boundaries. There is
much discussion but little prospect of action.
Unless the Internet is made responsible for it's
own self regulation. How that might be done is
set out in the links from the Internet Notice
below. Please be my guest.
-------------------------------------------------
An Internet Self Regulatory Process can be
achieved through arbitration following an
uncodified Law of the Internet. Published
Reports on the diverse arbitral awards will
evolve into a generally accepted Law of the
Internet. One cannot expect to get it right
first or even second time. Experience rules.
The Reports will be available for comment on the
Internet. The Law of the Internet is no more
than morally binding but will guide future
arbitrators, who will produce case Reports and so
on ad infinitum.
If not accepted graciously, each separate
arbitrator's award may be enforced almost
worldwide through international treaties.
National courts will enforce the arbitrators'
awards under the international treaties without
any possibility of appeal. This is an
International centric free solution to an
International problem.
The mechanisms for developing and enforcing a
generally accepted Law of the Internet are
explained at:
o "Comments on how the Internet can arrange its
own Regulation"
http;//www.endispute.co.uk/isr/cirb.htm
An overall description.(24k)
o "Draft Constitution of The Internet Arbitration
Association"
http;//www.endispute.co.uk/isr/dciaac.htm
An association to bring all those in the
Internet Community under the Law of the
Internet.(5k)
o "Draft of the Law of the Internet Arbitration
Rules"
http;//www.endispute.co.uk/isr/diard.htm The
Internet process for resolving disputes.(13k)
o "Full effect of the Law of the Internet
Arbitration Rules as expanded by the
Arbitration Act 1996"
http;//www.endispute.co.uk/isr/feiare.htm
The effect of the supporting legislation is
shown in full detail.(75k).
The author is an individual working on his own.
Cliff Dilloway cliffd@endispute.co.uk
Comments to srcomment@endispute.co.uk