In these Rules:

Administrative Panel means a panel appointed to decide a complaint concerning a domain name registration.

Registration Agreement means the agreement between the Registrar and the Respondent in respect of a domain name registration.

Complainant means the party initiating a complaint concerning a domain name registration.

Panelist means an individual appointed to sit on an Administrative Panel.

Party means the Complainant or the Respondent.

Policy means the policy on dispute resolution for abusive domain name registrations that is incorporated by reference and made a part of the Registration Agreement.

Provider means a dispute resolution service provider specified in the domain name registration agreement.

Registrar means the registrar with which the Respondent has registered a domain name that is the subject of a complaint.

Respondent means the holder of a domain name registration against which a complaint is initiated.

(a) Any communication under these Rules shall be made by expedited postal or courier service, telefax, or electronic means through the Internet.

(b) A Respondent’s contact details provided to and updated with the Registrar in accordance with the Registration Agreement, shall be considered valid for the purpose of any communication under these Rules, except as otherwise notified to the Provider by the Respondent.

(c) Except as otherwise provided in these Rules, or decided by an Administrative Panel,

(d) All paper communications submitted by a Party, including annexes, shall be supplied in a number of copies sufficient to provide one copy for each Party, plus one for each Panelist, and one for the Provider. A communication from an Administrative Panel to any Party shall be copied to the Provider and to the other Party. Any communication by the Provider to any Party shall be copied to the other Party.

In the event of a request by a Party to consolidate a Complaint, or any part thereof, the Administrative Panel shall decide such requests in accordance with the Policy. These Rules shall apply mutatis mutandis.

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.

The version of these Rules in effect at the time of the filing of the Complaint shall apply to the administrative proceeding commenced thereby. The Provider shall retain the right to revise, amend or modify these Rules from time to time.

1. Any person or entity may commence an administrative proceeding by submitting a Complaint in accordance with the Policy and these Rules to the Provider.
2. The Complaint shall:

(c) The Complaint may relate to more than one domain name, provided that the domain names are registered by the same person or entity.

1. After reviewing the Complaint for prima facie compliance with the Policy, the Provider shall forward the Complaint to the Respondent, but in no event later than three (3) days following receipt of the fees to be paid by the Complainant in accordance with Article 27.
2. The date of commencement of the proceedings shall be the date on which the Complaint is forwarded by the Provider to the Respondent.
   
3. The Provider shall notify the Complainant, the Respondent and the concerned Registrar(s) of the date of commencement of the proceedings.

1. Within twenty (20) days of the date of commencement of the proceedings the Respondent shall submit to the Provider a Response.
2. The Response shall:

(i) Respond to the statements and allegations contained in the Complaint;

(ii) Provide the names and postal and e-mail addresses and the telephone and telefax numbers of the Respondent if different from that specified in the Complaint, as well as of any representative of the Complainant; and

(iii) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.


3. The Provider shall forward the Response to the Complainant within three (3) days of the receipt thereof.

(d) At the request of the Respondent, the Provider may, in its sole discretion, extend the period of time for the filing of the Response.

(a) The Provider shall maintain and publish a publicly available list of Panelists and their qualifications.

(b) Within five (5) days following receipt of the Response, the Provider shall appoint an Administrative Panel of one member from its list of Panelists and shall notify the Parties accordingly.

(c) In appointing an Administrative Panel, the Provider shall take into consideration, inter alia, the identity of the Parties, the circumstances underlying the Complaint and the number of other complaints to be decided by the Administrative Panel. Unless the Parties have the same nationality, in the absence of special circumstances, the Panelist shall not have the same nationality as either of the Parties.

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider and the Parties any circumstances giving rise to justifiable doubt as to the Panelist’s impartiality or independence, or confirm in writing that no such circumstances exist. If, at any stage during the proceedings, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, the Panelist shall promptly disclose such circumstances to the Provider and the Parties.

A prospective Panelist shall communicate an acceptance of appointment, in writing, to the Provider and shall, thereby, be deemed to have undertaken to make available sufficient time to ensure that the proceedings are conducted and completed expeditiously.

At the request of the Panelist, he or she may be released from appointment either with the consent of the Parties or by the Provider. In such event, a substitute Panelist shall be appointed by the Provider. Pending the replacement, the proceedings shall be suspended, unless otherwise agreed by the Parties.

Except as otherwise provided in these Rules or permitted by the Administrative Panel, no Party or anyone acting on its behalf may have any ex parte communication with the Administrative Panel with respect to any matter of substance relating to the proceedings.

The Provider shall forward the file to the Administrative Panel as soon as the Panelist is appointed.

(a) Subject to the Policy and these Rules, the Administrative Panel shall conduct the proceedings in such manner as it considers appropriate.

(b) In all cases, the Administrative Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.

(c) The Administrative Panel shall ensure that the proceedings take place with due expedition. 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 Administrative Panel.

(a) Unless otherwise agreed by the Parties, the language of the proceedings shall be the language of the Registration Agreement, subject to the authority of the Administrative Panel to determine otherwise, having regard to any observations of the Parties and the circumstances of the proceedings.

(b) The Administrative Panel may order that any documents submitted in languages other than the language of the proceedings be accompanied by a translation in whole or in part into the language of the proceedings.

In addition to the Complaint and the Response, the Administrative Panel may, in its discretion, allow or require further statements from the Parties.

(a) The Administrative Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

(b) At any time during the proceedings, the Administrative Panel may, at the request of a Party or on its own motion, order a Party to transmit to it such documents or other evidence as it considers necessary or appropriate.

An Administrative Panel shall decide a Complaint with reference to the file alone. As an exceptional matter, the Administrative Panel may, in its sole discretion, determine that a hearing shall be held with the participation of the Parties.

(a) Where a Respondent fails to submit its Response in accordance with Article 8, in the absence of exceptional circumstances, the Administrative the Panel shall proceed to a decision on the Complaint.

(b) The Administrative Panel shall also proceed to a decision on the Complaint in the event that a Party, in the absence of exceptional circumstances, fails to comply with any of the time periods established by these Rules or the Administrative Panel.

(c) If a Party, in the absence of exceptional circumstances, fails to comply with any provision of, or requirement under these Rules or any direction given by the Administrative Panel, the Administrative Panel shall draw such inferences therefrom as it considers appropriate.

Whenever reasonably possible and provided that it is satisfied that each Party has had an equal and fair opportunity to present its case, the Administrative Panel shall declare the proceedings closed not more than ten (10) days after the date of its appointment.

A Party which knows or should have known that any provision of, or requirement under, these Rules, or any direction given by the Administrative Panel, has not been complied with, and yet proceeds without promptly recording an objection to such non-compliance, shall be deemed to have waived its right to object.

The Administrative Panel shall decide the Complaint in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.

1. The decision shall be forwarded to the Provider, wherever reasonably possible, within seven (7) days following the closure of the proceedings.
2. The determination shall state the date on which it was made and the reasons on which it is based, and shall be signed digitally or in writing. The Administrative Panel may consult the Provider with regard to matters of form concerning the determination.

(c) As soon as practicable after the Administrative Panel has forwarded its decision to the Provider, the Provider shall communicate the decision to each Party and the concerned Registrar(s) and shall indicate the timing for the implementation of the decision in accordance with the Policy.

(d) Except if the Administrative Panel determines otherwise, the Provider shall publish the determination and the date of its implementation on a publicly accessible website.

(a) If, before the Administrative Panel’s decision, the Parties agree on a settlement, the Administrative Panel shall terminate the proceedings and, if requested jointly by the Parties, shall record the settlement in the form of a consent decision, which shall be signed by the Administrative Panel and the Parties. The Administrative Panel shall not be obliged to give reasons for such a decision.

(b) If, before the Administrative Panel’s decision is made, the continuation of the proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph (a), the Administrative Panel shall have the power to issue a decision terminating the proceedings, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Administrative Panel.

(a) In the event that a Party initiates court proceedings during the pendency of an administrative proceeding in respect of a dispute that is the subject of the Complaint, and the Complaint is not withdrawn, the Administrative Panel shall have the discretion to decide whether to suspend or terminate the proceedings, or to proceed to a decision.

(b) A Party commencing a court action shall promptly notify the Administrative Panel in writing.

(a) The Complaint shall be subject to the payment by the Complainant to the Provider of a fixed administrative fee in accordance with the Provider’s published schedule of fees in effect at the time of the filing of the Complaint (Annex A to these Rules).

(b) The fee shall be composed of

(i) the Provider’s administration fee, which shall be non-refundable;

(c) No action shall be taken by the Provider on a Complaint until it has received the administrative fee.

(d) If the Provider has not received the administrative fee within seven (7) days of receiving the Complaint, it shall send a payment reminder to the Complainant. In the event that the Provider has still not received payment of the administrative fee within seven (7) days after sending such reminder, the Complaint shall be deemed to have been withdrawn.

In exceptional circumstances, for example in the event hearings are convened in the proceedings, and to the extent that the initial advance by the Complainant is insufficient, the Provider shall request the Parties for the payment of additional fees, which shall be established in consultation with the Parties and the Administrative Panel.

Subject to any agreement of the Parties and taking into consideration all of the circumstances and the outcome of the proceedings, the Administrative Panel’s decision shall indicate which of the Parties shall bear the costs of the proceedings, which shall be limited to the administrative fee and any additional fees, and in what proportions.