In addition, we will not be liable as a result of any decisions rendered by the Administrative Panel. The remedies available to a complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your domain name or the transfer of your domain name registration to the complainant.
Notification and Publication. The Provider shall notify us of any decision made by an Administrative Panel with respect to a domain name you have registered with us. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision. Availability of Court Proceedings. The mandatory administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded.
If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait ten 10 business days as observed in the location of our principal office after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten 10 business day period official documentation such as a copy of a complaint, file-stamped by the clerk of the court that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under Paragraph 3 b xiii of the Rules of Procedure.
In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See Paragraphs 1 and 3 b xiii of the Rules of Procedure for details. If we receive such documentation within the ten 10 business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive i evidence satisfactory to us of a resolution between the parties; ii evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or iii a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.
All Other Disputes and Litigation. All other disputes between you and any party other than us regarding your domain name registration that are not brought pursuant to the mandatory administrative proceeding provisions of Paragraph 4 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Our Involvement in Disputes. We will not participate in any way in any dispute between you and any party other than us regarding the registration and use of your domain name. You shall not name us as a party or otherwise include us in any such proceeding. In the event that we are named as a party in any such proceeding, we reserve the right to raise any and all defenses deemed appropriate, and to take any other action necessary to defend ourselves.
Maintaining the Status Quo. We will not cancel, transfer, activate, deactivate, or otherwise change the status of any domain name registration under this Policy except as provided in Paragraph 3 above.
All communications between a Party and the Panel or the Provider shall be made to a case administrator…. This is provided under Part VI from Articles 31 to It governs all rules of hearing, evidence, and the decision of a panel.
If a Respondent does not submit a response, the Panel shall, in absence of exceptional circumstances, decide the dispute based upon the complaint. In all cases, the Panel shall ensure that the parties are treated with equality and that each party is given a fair opportunity to present its case, give out its reasons for, and provide evidence. The Panel shall ensure that the proceedings take place with due expedition.
It may, at the request of a party, extend, under some special circumstances, a time fixed by these Rules. Under the normal circumstances, there shall be no in-person hearings including hearings by teleconference, videoconference, and web conference , unless the Panel determines that such a hearing is necessary for deciding the complaint.
Either of the parties may request the Panel to hold an in-person hearing at his own expenses. Further, the Panel shall render its decision on the complaint and forward the decision to the Provider within fourteen 14 calendar days of its appointment.
This is provided under Article This rule allows the parties to settle their dispute amicably. Once the parties agree on settlement the domain name dispute resolution proceedings may be terminated.
It demands the communication of decisions made by the panel to the parties. The concerned Registrar s shall immediately communicate to each Party, the Provider, and ICANN the date for the implementation of the decision in accordance with the Policy. The above discussion revealed that the policy does not bar the court process. With that policy, disputes over entitlement to a domain name registration may ordinarily be resolved by court litigation between the parties claiming rights to the registration.
Once the court rules who is entitled to the registration, the registrar will implement that ruling. In these cases, you can invoke the administrative procedure by filing a complaint with one of the dispute-resolution service providers. Editor-in-chief and founder of sherianajamii. Holder of Bachelor of Laws LL. Lawyer by profession and blogger by passion. Skip to content Last updated on December 18th, at pm. What is a Domain name? Last updated on December 18th, at pmHere you will see sample engangement letter from attorney.
The Complainant shall have five 5 calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.
The Provider shall inform the Respondent that any corrections to the Respondent's contact information during the remaining Pendency of the UDRP proceedings shall be communicated to the Provider further to Rule 5 c ii and 5 c iii.
This extension does not preclude any additional extensions that may be given further to 5 d of the Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.
The fees for a single-member Panel shall be paid entirely by the Complainant. The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
In the event the Provider is unable within five 5 calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists.
The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five 5 calendar days of the Provider's submission of the five-candidate list to the Parties.
A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Provider.
In such event, the Provider shall have the discretion to appoint a substitute Panelist. No Party or anyone acting on its behalf may have any unilateral communication with the Panel.
All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.
The Provider shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Panel. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel. In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties.
There shall be no in-person hearings including hearings by teleconference, videoconference, and web conference , unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.
Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Paragraph 4 a of the Policy, it shall so state.
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