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ICANN’s UDRP
In December, 1999, the Internet Corporation for Assigned Nanies
and Numbers (ICANN) chose the National Arbitration Forum to administer
domain-name dispute resolution under its revolutionary Uniform Dispute
Resolution Policy (UDRP). Under the UDRR domain-name disputes are
resolved in a fraction of the time it takes to bring comparable
claims in court. The costs are similarly low When a Party files
a claim under the UDRP with the Forum, the Registrar immediately
places the domain name on hold. If the Party-Complainant prevails,
the Registrar will either transfer or cancel the domain-name registration,
whichever the Complainant requests in the complaint.
A complainant can choose one remedy only. A summary of the Complainant's
options:
1) Transfer - The Domain-name registration will be transferred
to the Complainant ten days after the decision is issued.
2) Cancellation - Anyone will be able to register the name ten
days after the decision is issued.
UDRP: WHAT TO EXPECT
The timelines set out below serve as a general guideline for the
entire UDRP process. Please note that delays can occur when registrar
verification takes longer than expected, parties request and receive
extensions or engage in settlement negotiations, and other limited
circumstances.
Day 1 — A Forum case coordinator receives/has received an electronic
and hard copy of the complaint and filing fee from Complainant.
The complaint is reviewed for deficiencies. (Rule 4(a))
Day 4— If deficient, the Complainant has five (5) days to correct
the complaint. (Rule 4(b)) If the complaint is not deficient, the
Forum forwards the complaint to the Respondent and the case is commenced.
(Rule 4(d))
Day 24 — This is Respondent’s deadline for respond to the complaint.
(Rule 5(a))
Day 29 — The Forum selects a one-member panel or works with the
parties to ass mble a three- member panel. (Rule 6) This is also
the last day for additional submissions (this may be sooner if response
is received before day 24). (Supp. Rule 7)
Day 43— The Panel submits the decision to the Forum. (Rule 15)
Day 46— The Forum forwards the decision to the parties, ICANN and
the Registrar. (Rule 16)
Day 56 — The Registrar implements the panel’s decision if it is
not notified of other legal action. (Policy para 4(k)).
“Supp. Rule” refers to the Forum’s Supplemental Rules; “Policy”
refers to ICANN’s UDRP.; “Rule” refers to ICANN’s UDRP Rules.
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