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Domain Name Dispute Resolution Policies
Charter Eligibility Dispute Resolution Policy Rules
The CEDRP Rules will be followed by all CEDRP Providers. The CEDRP Rules are developed by the CEDRP Providers in consultation with the Sponsor and ICANN. Such CEDRP Providers may supplement these rules, as appropriate.
Administrative proceedings for the resolution of disputes under the Charter Eligibility Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site.
1. Definitions
In these Rules:
Complainant means the party initiating a complaint concerning a Domain Name.
Domain Name means a domain name that is registered in the .aero top level domain.
Eligibility Requirements means the eligibility requirements set out in the Sponsored TLD Charter, as supplemented by the Domain Management policy.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the Registrant has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the Domain Name) or (b) the Registrant's address as shown for the registration of the Domain Name in the Registrar's Whois database at the time the complaint is submitted to the Provider.
Panel means an administrative panel appointed by a Provider to decide a complaint concerning a Domain Name.
Panelist means an individual appointed by a Provider to be a member of a Panel.
Party means a Complainant or a Respondent.
Policy means the CHARTER ELIGIBILITY DISPUTE RESOLUTION POLICY that is incorporated by reference and made a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at http://www.icann.org or http://www.information.aero.
Registrar means the entity with which the Respondent has registered a Domain Name that is the subject of a complaint.
Registrant means the holder of a Domain Name.
Registration Agreement means the agreement between a Registrar and a Registrant.
Respondent means the holder of a Domain Name against which a complaint is initiated.
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a Registrant of a Domain Name.
Sponsor means Société Internationale de Télécommunications Aéronautiques, a limited liability co-operative society.
Supplemental Rules means the rules adopted by the Provider to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
2. Communications
3. The Complaint
Notification of Complaint
5. The Response
6. Appointment of the Panel and timing of decision
7. Impartiality and independence
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.
8. Communication between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications by a Party to the Panel or to the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.
9. Transmission of the file to the Panel
The Provider shall forward the file to the Panel as soon as the Panelist is appointed.
10. General powers of the Panel
11. Language of proceedings
12. Further statements
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.
13. In-person hearings
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.
14. Default
15. Panel decisions
16. Communication of decision to Parties
17. Settlement or other grounds for termination
18. Effect of court proceedings
19. Fees
20. Exclusion of liability
Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.
21. Amendments
The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby.
(the "Rules of Procedure")
(As Approved by DotCoop)
Administrative proceedings for the resolution of disputes under the DCDRP shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site.
1. Definitions
In these Rules:
Complainant means the party (who is a registrant in the .coop TLD, or is eligible to register in the .coop TLD) initiating a complaint concerning a .coop domain-name registration.
DotCoop means DotCooperation LLC, the sponsoring organization for the .coop TLD.
Mutual Jurisdiction means a court jurisdiction at either (a) Washington, D.C. or (b) the domain-name holder's address as shown for the registration of the domain name in dotCoop's Whois database at the time the complaint is submitted to the Provider.
Panel means a three-person administrative panel appointed by a Provider to decide a complaint concerning a .coop domain-name registration.
Panelist means an individual appointed by a Provider to be a member of a Panel. At least one Panelist will be an individual drawn from a list maintained by the Provider of panelists with expertise in cooperative matters that have been designated by dotCoop.
Party means a Complainant or a Respondent.
Dispute Policy means the DotCoop Domain Name Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.
Provider means the World Intellectual Property Organization (WIPO).
Registration Agreement means the agreement between dotCoop and a domain-name holder.
Respondent means the holder of a .coop domain-name registration against which a complaint is initiated.
Reverse Domain Name Hijacking means using the Dispute Policy in bad faith toattempt to deprive a registered domain-name holder of a domain name.
Supplemental Rules means the rules adopted by the Provider administering a proceeding to supplement these Rules. Supplemental Rules shall not be inconsistent with the Dispute Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
2. Communications
3. The Complaint
(The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.)
4. Notification of Complaint
5. The Response
6. Appointment of the Panel and Timing of Decision
7. Impartiality and Independence
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.
8. Communication Between Parties and the Panel
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.
9. Transmission of the File to the Panel
The Provider shall forward the file to the Panel as soon as the last Panelist is appointed.
10. General Powers of the Panel
11. Language of Proceedings
12. Further Statements
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.
13. In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference, videoconference, or 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.
14. Default
15. Panel Discussions
16. Communication of Decision to Parties
17. Settlement or Other Grounds for Termination
18. Effect of Court Proceedings
19. Fees
20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.
21. Amendments
The version of these Rules in effect at the time of the submission of the complaint to the Provider shall apply to the administrative proceeding commenced thereby. These Rules may not be amended without the express written approval of dotCoop.
For more information regarding CEDRP disputes in .museum, please see http://about.museum or contact an approved CEDRP provider.
This file last modified 26-Feb-2007
© 2008 Internet Corporation For Assigned Names and Numbers