I fear i have to disagree with the stated reasons for the non-ruling of the ecaf. The fact that the constitution is interim, can in now way be reason for its invalidity. That would be simply absurd. Interim doesn't mean theoretical only it means, its is only valid for a certain period in time, but valid nonetheless.
Thomas Cox explains it indepth in the latest EosRad.io show No 16
The issue isn't that the constitution is interim but 1) the issue originated from the ICO held on the Ethereum network, and 2) and more severely the fact that there is apparently no guarantee, that since arbitration is only valid if both parties agree to it, that we do have this consent in this case, as obviously this doesn't happen yet on the EOS chain (despite promises to do so), and also wont happen with the new constitution , although there would be a broader base for a ruling