• Arbitrations
• a20151208.1

• Case Number: a20151208.1
• Status: init
• Claimant: Mario L
• Respondent: Reinhard M [maybe needs adjustment by Arbitrator] Martin G (added by A of a20151125.1 via intermediate ruling II of that case)

• initial Case Manager: EvaStöwe

• Case Manager: name case manager
• Arbitrator: name arbitrator
• Date of arbitration start: 201Y-MM-DD
• Date of ruling: 201Y-MM-DD
• Case closed: 201Y-MM-DD
• Complaint: review over removal of OTRS access for 2 arbitrators by board order
• Relief: TBD

Before: Arbitrator name arbitrator (A), Respondent: Reinhard M (R1), Martin G (Rs) Claimant: Mario L (C), Case: a20151208.1

History Log

• 2015-12-08 (issue.c.o): case [s20151208.302]
• 2016-05-08 (iCM): added to wiki, request for CM / A
• 2016-05-08 (iCM): notified C, R about case
• 2016-05-10 (A of a20151125.1): via ruling: joined parts of a20151125.1 into this case, added Martin G as respondent
• 2016-05-11 (iCM): informs parties about new respondent

• Link to Arbitration case a20151208.1(Private Part), Access for (CM) + (A) only

EOT Private Part

Original Dispute

• > Dear Support,
  > 
  > I hereby file a dispute to have an Arbitrator review and the actions
  > requested by board (see conversation attached). Especially because any
  > justification in form of reference to rules and proof of authorization
  > is missing.
  > 
  > I possibly won't have time to provide any further input so please do not
  > wait for it and feel free to go ahead.
  > 
  > Mario
  > 
  > 
  > 
  > -------- Weitergeleitete Nachricht --------
  > Betreff: Re: CAcert: URGENT - please read ASAP! immediate action
  > required!
  > Datum: Wed, 9 Dec 2015 00:32:05 +0100
  > Von: [Mario L]
  > Organisation: CAcert (Infrastructure Team Leader, Organisation Assurer,
  > Arbitrator / Case Manager)
  > An: [Reinhard M]
  > Kopie (CC): [Marcus M], [Jürgen B]
  > 
  > Hi,
  > 
  > I just removed the Arbitrator role from Philipp Dunkel and Eva Stöwe in
  > OTRS.
  > 
  > Mario
  > 
  > Am 08.12.2015 um 17:19 schrieb reinhard:
  > > 
  > > **UNDER SEAL!- confidential matter**
  > > 
  > > 
  > > Dear Mario,
  > > 
  > > in your role as administrator for the OTRS system I have to inform you
  > > about anunanismously decision made during Sundays board meeting under seal.
  > > 
  > > Please revoke all access rights in the OTRS system in the Dispute Queue for
  > > 
  > >     Philipp Dunkel
  > >     Eva Stöwe
  > > 
  > > They should have the rights like any ordinary member has.
  > > When the removal is performed please inform me immediately by writing a
  > > signed and encrypted email to [email of Reinhard M].
  > > 
  > > Please add the address [email of Marcus M] (secretary) and
  > > [email of Jürgen B] (vice president) to the CC field of that mail.
  > > Board will inform the persons immediately when all actions are performed.
  > > 
  > > Thank you very much.
  > > 
  > > Kind regards
  > > 
  > > Reinhard M[...]
  > > President of CAcert Inc.
  > > 
  > 
  > 
  > 
  > -- 
  > Mit freundlichen Grüßen / Best regards
  > 
  > Mario L[...]

note from iCM: parts in [] are removed/adjusted for privacy reasons.

2016-05-10: Inermediate Ruling II given in a20151125.1 (by A of a20151125.1):

• [...]
  
  4. Questions regarding the order for and execution of the removal of access is handled in a20151208.1. Because of this the parts regarding Martin should be joined into that case. The same is true for any such order in his direction.
  
  [...]

By this Martin G is added as a respondent to this case.

Pre arbitration action

1. Note from iCM: While in theory there may be a conflict of interest on my side regarding this case (did not check in detail) - I need to referenece and address this case in the context of a ruling in a20151125.1, so I need it in the wiki.

As no other iCM moved this case into the wiki, even as urgency was claimed within 5 months, I regard any possible conflict of interest to be less relevant than the need to have this case in the wiki. That I handle this case as iCM is coordinated with the CM of a20151125.1.

2. Note of iCM: The respondent and relieve of this case are not completely clear. This maybe has to be adjusted by the Arbitrator. Possible further respondents based on the dispute could include:

• Mario L
• further members of the board under Reinhard Ms presidency
• CAcert Inc

3. Note of iCM: While the dispute contains a mail that was originally marked as "under seal" and "confidential" the content of the mail in general (even if not the mail as such) is already public knowledge. This part is crucial to understand the dispute. Also by filing the dispute as such the claimant has made the decision to make the issue as such public. Also the named [possibly] sealed motion is not part of the mail. As neither privacy nor security reasons seem to apply and the mail as such does not contain anything that did not become public by the execution of that mail or later events, this part is not removed in the interest of the transparency of this case.

Discovery

Elaboration

Ruling

Execution

Related Cases

to be completed

Similiar Cases

to be cpmpleted

• CategoryArbitration

• CategoryArbCaseOthers