On Aug 28, 2021, at 10:02 , Masataka Ohta <mohta@necom830.hpcl.titech.ac.jp> wrote:
John Curran wrote:
Indeterminate at this time, since a “Freezing Order" issued via ex party hearing doesn’t actually test the strength of the arguments, as the affected party is not present to respond. It is only when the case for the validation of the order is heard that the strength of the arguments could possibly be assessed. Note - the full list of cases filed are here <https://afrinic.net/court-cases <https://afrinic.net/court-cases>> for reference.
I believe John is referring to the original ex parte order. However, this ignores that AFRINIC got a hearing on the merits when they sought a variance to the order. As AFRINIC announced, they did not get the variance they sought, though the judge did grant them access to some limited funds on a one time exceptional basis. Therefore, the implication that the merits have not been evaluated is not entirely true.
Then, several years will be lost if we wait Mauritius court settle the issue.
A quick fix for the international internet community can be to abandon AfriNIC and establish, outside of Mauritius, a new entity, which may employ current AfriNIC employers, recognized by the international internet community.
I think this would be complicated and that the Mauritius court might take a dim view of the assets fo AFRINIC trying to leave the country in the dead of night to avoid court proceedings. Owen