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What's in .NAME? 5000+ .NAME Registrations Not Conforming to .NAME Restrictions
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Uniform Domain Name Dispute Resolution Policy "UDRP" Supplemental Rules
THE NATIONAL ARBITRATION FORUM'S SUPPLEMENTAL RULES TO
ICANN'S UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY
Supplemental Rules - Effective February 1, 2002
For the Supplemental Rules that apply to all cases filed before February 1, 2002, click here.
Click here for a "printer friendly" version of this document.
The Rules means the Rules for the Uniform Domain Name Dispute Resolution Policy, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) October 24, 1999.
The Policy means the Uniform Domain Name Dispute Resolution Policy approved by ICANN on October 24, 1999.
The Forum means the National Arbitration Forum.
The Forum will apply the Rules, the Policy and the Forumís Supplemental Rules in effect at the time a Complaint is submitted. The Forum Supplemental Rules may be amended by the Forum in its sole discretion.
All communications must be directed to the Forum and not to the Panel.
4. The Complaint
The Complaint must include all elements listed in Paragraph 3(b) of the Rules and may not exceed ten (10) pages.
The Complainant must submit three (3) copies of the Complaint to the Forum if the Complainant requests a single-member Panel. The Complainant must submit five (5) copies of the Complaint if the Complainant requests a three (3) member Panel. If the Respondent requests a three-member Panel, the Complainant may be asked to submit additional copies of the Complaint.
In accordance with Paragraph 3(b)(xii) of the Rules, the Complainant must send or transmit its Complaint to the Respondent under cover of the Complaint Transmittal Cover Sheet posted on the Forum's web site.
The Complaint must be sent to the Forum by e-mail (firstname.lastname@example.org), and either by fax or by mail.
5. The Response
The Response must include all elements listed in Paragraph 5(b) of the Rules and may not exceed ten (10) pages. If no Response is submitted or if the Response fails to designate a preferred method of communication as required under Paragraph 5(b)(iii) of the Rules, the method used by the Forum to communicate to the Respondent will be:
the e-mail address Respondent provided in the Response;
if no Response is submitted or if no e-mail address is provided in the Response, the e-mail address of the Respondent in the WHOIS on the date the Complaint was filed;
if there is no e-mail address in the WHOIS, the facsimile address the Respondent provided in the Response or the e-mail address provided for the Respondent in the Complaint;
if none of these addresses are provided, the facsimile address provided for the Respondent in the Complaint; or
if none of these addresses are provided, the mail address provided for the Respondent in the Complaint.
The Respondent must submit three (3) copies of the Response to the Forum if the Complainant requested a single-member Panel. If the Complainant or Respondent requested a three-member Panel, the Respondent must submit (5) copies of the Response to the Forum.
The Response must be sent to the Forum by e-mail (email@example.com), and by either fax or by mail.
6. Extension for Filing a Response
Paragraph 5(d) of the Rules provides that the Respondent may request additional time to submit a Response, or may be given additional time if the parties stipulate to an extension and the Forum approves. Any request by the Respondent for an extension or any joint request by the parties for an extension must:
be submitted after the parties have first conferred with each other to see if they could reach an agreement concerning the requested extension;
be submitted in writing to the Forum and the parties within the time for the Response to be submitted;
state the exceptional circumstances warranting the request for an extension;
state the length of the extension being requested (no more than twenty (20) additional days); and
be accompanied by an extension fee of $100.
The Forum may exercise its discretion in determining whether exceptional circumstances exist warranting an extension and if so, the length of the extension. No request for an extension will be approved if any of the conditions set forth in Paragraph 6(a) have not been performed.
7. Submission of other Written Statements and Documents;
No Amendment to the Complaint
A party may submit additional written statements and documents to the Forum and the opposing party(s) within five (5) calendar days after the date the Response was submitted or the last date the Response was due to be submitted to the Forum, whichever occurs first.
Each submission must:
be timely received by the Forum;
be accompanied by an additional submission fee of $250;
include proof of service of these submissions upon the opposing party(s);
be submitted in either hard copy or electronic form.
The opposing party may respond, in hard copy or electronic form, to an additional submission filed in accordance with Supplemental Rule 7(a); such response must be submitted to the Forum and the opposing party(s) within five (5) calendar days after the date the additional submission was submitted.
Additional submissions and responses to additional submissions may not amend the original Complaint or Response.
8. The Record of the Administrative Proceeding.
The Complaint, Response, and additional written statements and documents provided in Paragraph 12 of the Rules and Paragraph 7 of these Supplemental Rules constitute the complete record to be considered by the Panel.
9. Appointment of the Panel and Timing of Decision
The Forum will maintain and publish a list of Panelists and their qualifications to which any party will be directed on the Forum's web site, http://www.arbitration-forum.com. The Forum will appoint a Panelist from this list to serve as a single-member Panel.
In cases involving a three-member Panel, the Forum will select a Chair from the three-member Panel and will endeavor to select a Chair who was not from the list of Panelist candidates provided by the parties pursuant to Paragraph 6(e) of the Rules. The Chair will sign all Orders and the Decision, coordinate and preside over the proceeding, and forward to the Forum the Panelís decision, including any concurring or dissenting opinion as required by Paragraph 15 of the Rules.
In cases where the Complainant requested a three-member Panel and no Response was submitted as required by Rule 5(a), the Complainant may be given the option of converting the three-member Panel to a single-member Panel:
After the time for the Response has expired, the Forum will notify the Complainant that no response was submitted and that the Complainant may convert its three-member Panel request to a single-member Panel request;
Within five (5) calendar days of this notification, the Complainant, by e-mail to the Forum, may request that the three-member Panel be converted to a single-member Panel;
If a single-member Panel is requested, the Forum will select a Panelist from its list of Panelists, not on the list of Panelists submitted by the Complainant; and
If a single-member Panel conducts the administrative hearing, the Complainant will be reimbursed $1,000 of its hearing fee.
If the Complainant fails to request that the three-member Panel be converted to a single-member Panel as provided in paragraph 9(c)(ii) above, the selection of the three-member Panel will be as follows:
The Complainant must provide a list of three candidates and the Forum will endeavor to select a Panelist from that list as provided in Rule 6(e);
The Forum will select a Panelist from its list of Panel members; and
The Forum will submit to the parties a list of five candidates and will select a Panelist as provided in Rule 6(e).
In cases where the Respondent requested a three-member Panel and the Complaint is withdrawn prior to the appointment of a Panel, the Respondent will be reimbursed $1,000 of its hearing fee.
10. Impartiality and Independence
All Forum Panelists will take an oath to be neutral and independent.
A Panelist will be disqualified if circumstances exist that create a conflict of interest or cause the Panelist to be unfair and biased, including but not limited to the following:
The Panelist has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;
The Panelist has served as an attorney to any party or the Panelist has been associated with an attorney who has represented a party during that association;
The Panelist, individually or as a fiduciary, or the Panelistís spouse or minor child residing in the Panelistís household, has a direct financial interest in a matter before the Panelist;
The Panelist or the Panelistís spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
Is a party to the proceeding, or an officer, director, or trustee of a Party; or
Is acting as a lawyer or representative in the proceeding.
A party may challenge the selection of a Panelist, provided that a decision has not already been published, by filing with the Forum a written request stating the circumstances and specific reasons for the disqualification.
A request to challenge must be filed in writing with the Director of Arbitration within five (5) days of the date of receipt of the notice of the selection.
Provided a decision has not already been published by the selected Panelist, the Forum will promptly review the challenge and determine whether circumstances exist requiring Panelist disqualification in accord with this rule.
11. Communications Between Parties and the Panel
No party may directly communicate with a Panelist.
The parties may communicate with the Case Coordinator assigned to their proceeding by phone, fax, e-mail, or mail through the United States Postal Service.
Any request by a party for any type of action by the Forum or Panel must be communicated in writing to the Forum and the opposing party(s).
Prior to Commencement
Before the five (5) day deficiency period described in Rule 4(b) expires, the Complainant may withdraw the Complaint without prejudice. A withdrawal request must be submitted to the Forum in writing and signed by the Complainant.
The Complainant may re-initiate the same proceeding within thirty (30) calendar days after a pre-commencement withdrawal. A re-initiation fee of $100 must accompany the request to re-initiate the proceeding.
If the Complainant does not re-initiate the Complaint, at the end of thirty (30) calendar days the Complaint is withdrawn without prejudice and the administrative proceeding is terminated. Any subsequent Complaint will be treated as a new Complaint and must be accompanied by payment of the appropriate fees.
After Commencement and Prior to Response: After commencement, but before the Forum has received a Response that complies with Supplemental Rule 5, the Complaint may be withdrawn without prejudice by the Complainant. A withdrawal request must be submitted to the Forum in writing and signed by the Complainant.
After Response Received: After a Response that complies with Supplemental Rule 5 has been received by the Forum, but before a Panel decision is published, the Complaint may be withdrawn with prejudice if both parties agree to the withdrawal. A withdrawal request must be submitted to the Forum in writing and signed by both parties.
The Complaint cannot be withdrawn after a Panel decision is published.
13. Panel Decisions
Panel decisions will meet the requirements set forth in Paragraph 15 of the Rules and will be of a length that the Panel deems appropriate.
14. Correction of Clerical Mistakes.
Clerical mistakes or errors in the Panelís decision arising from oversight or omission by the Panel may be corrected by the Director of Arbitration for the Forum.
15. Communication of Decision to Parties; Publication of Decision.
The Forum will publish the decision by submitting the Panelís decision to the parties, ICANN, and the Registrar as required by the Rules, and by publishing the full decision on a publicly accessible web site.
16. Fees (U.S. Dollars)
Number of Disputed Domain Names
3 ó 5
6 ó 10
11 ó 15
16 or more
To be determined in consultation with the Forum.
To be determined in consultation with the Forum.
As stated in the Rules, in exceptional circumstances (for example, in the event an in-person hearing is held), the Forum may require the Parties to pay additional fees, which will be established by agreement of the Parties and the Director of Arbitration for the Forum prior to the appointment of the Panel.
Fees to be paid to the Forum as provided in these Supplemental Rules must be paid in U.S. Dollars and are non-refundable, except as provided in Supplemental Rule 9(c)(iv) and 9(e).
17. Effective Date
These Supplemental Rules apply to all cases filed on or after February 1, 2002.
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ICANN AUTHORISED NAF UDRP SUPPLEMENTAL RULES
IS ICANN GOING TO BACK THEIR UDRP AND NATIONAL ARBITRATION FORUM RULES or will we be forced to sue both the Panel and America Online under the Harassment and Anti-Cybersquatting Consumer Protection Act?
The future of the Internet rests in ICANN's hands now...
...and ours, depending on what they decide within the next few hours and days!
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