Tuesday, July 1, 2014

Domain names: Types of disputes between registrants and third parties- concluding part

Transfer Dispute Resolution Policy
THE Transfer Dispute Resolution Policy (TDRP) applies to transactions in which a domain-name holder transfers or attempts to transfer a domain name to a new registrar. The TDRP concerns registrar disputes under the Inter-Registrar Transfer Policy, which is followed by the .biz, .com, .info, .name, .net, .org, and .pro TLDs. Proceedings under the TDRP may be filed with the appropriate registry operator or with an independent dispute resolution provider. Any ICANN-accredited registrar may initiate a TDRP proceeding against another registrar by submitting a complaint in accordance with the selected registry operator or dispute resolution providers’ supplemental rules.

•Transfer Dispute Resolution Policy
•List of Approved Dispute Resolution Service Providers

Proceedings
ICANN does not maintain a current centralized index of domain name dispute resolution proceedings. Search tools for UDRP proceedings can be found at the individual dispute resolution proceedings sites of ICANN’s approved dispute-resolution service providers, which can be found at the following link:
List of Approved Dispute Resolution Service Providers
Limited indexes of past UDRP proceedings are archived in the following link:
Archived Indexes and Statistics for UDRP Proceedings
Approval Process for Dispute Resolution Service Providers
ICANN is not currently soliciting additional dispute resolution service providers; however, interested parties may contact ICANN on an individual basis to express their interest. The procedures used for approving providers in the past are provided for reference below.
Organizations seeking provisional approval as service providers under any of ICANN’s dispute resolution policies should take the following steps:
1.Become familiar with the relevant policy and associated rules.
2.Submit an application by email to (icann@icann.org) and by postal mail:
Dispute Resolution Service Provider Applications
Internet Corporation for Assigned Names and Numbers
4676 Admiralty Way, Suite 330
Marina del Rey, CA 90292-6601 USA

Applications should contain:
1.An overview of the applicant’s capabilities and background in providing alternative dispute-resolution (ADR) services, including a description of the applicant’s track record of handling the clerical aspects of expedited ADR proceedings.
2.A list of the names and qualifications of the panelists the applicant proposes to include on its published list and a description of the screening requirements applicant has used in selecting panelists to be included on its list.
3.A description of training and educational measures the applicant proposes to employ for listed panelists with respect to domain-name disputes, the relevant policy, and the associated Rules.
4.A commitment by the applicant not to prevent or discourage any of its listed panelists from serving as panelists for domain-name disputes administered by other approved providers.
5. A copy of the applicant’s proposed supplemental rules (including fee schedule).
6. Documentation of applicant’s proposed internal operating procedures. If requested, ICANN will hold this documentation in confidence.
7. A proposed schedule for applicant’s implementation of its program for administering proceedings under the policy, including a statement of applicant’s administrative capacity in terms of number of proceedings initiated on a monthly basis.
8. A statement of any requested limitations on the number of proceedings that applicant handles, either during a start-up period or on a permanent basis.
9. A description of how the applicant proposes to administer proceedings, including its interactions with parties, registrars, ICANN, and other approved providers.
10. Description of how the applicant intends to publish decisions of panels in proceedings it administers and a commitment to provide ICANN with copies of all portions of decisions of panels not published.
In general, ICANN examines the applications to determine whether the applicant has demonstrated its ability to handle proceedings in an expedited, global, online context in an orderly and fair manner.

Attributes that are especially important include:
1. Applicant should have a track record in competently handling the clerical aspects of ADR proceedings.ICANN considers proper review of pleadings for administrative compliance and reliable and well-documented distribution of documents to the parties and panels to be essential capabilities for providers. In the absence of a well-established track record in handling the clerical function, a detailed plan for providing those abilities ordinarily must be submitted.
2. Applicant should propose a list of highly qualified neutrals who have agreed to serve as panelists. Applicant’s list should include at least twenty persons. Applicants are expected thoroughly to train the listed neutrals concerning the policy and rules, the technology of domain names, and the basic legal principles applicable to domain-name disputes. Accordingly, excessively long lists of neutrals are discouraged. The applicant should either present a list of panelists from multiple countries or, if the applicant initially presents a single-country list, propose a plan to expand its list to become multinational.
3. Applicant’s supplemental rules and internal procedures should demonstrate that applicant understands the workings

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