World Intellectual Property Organization

WIPO Dispute Resolution Rules of Procedure for .IE Domain Name Registrations

1. Definitions

In these Rules:

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

IEDR means the Registry (IE Domain Registry Limited), the entity with which the Registrant has registered a .IE domain name.

Panel means an administrative panel appointed by the Provider to decide on a complaint concerning a .IE domain name registration under the .IE Dispute Resolution Policy and these Rules.

Panelist means an individual appointed by the Provider to be a member of the Panel. Party means a Complainant or a Registrant.

Policy means the .IE Dispute Resolution Policy in force at the time of the submission of a complaint to the Provider. Protected Identifier means those identifiers defined in the .IE Dispute Resolution Policy.

Provider means the World Intellectual Property Organization (WIPO) Arbitration and Mediation Center.

Registration Policy means the rules and regulations for the registration of domain names published by IEDR, as amended from time to time.

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

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.



2. Communications

2.1 When notifying a complaint to the Registrant, it shall be the Provider's responsibility to employ reasonably available means calculated to achieve actual notice to the Registrant. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility: sending the complaint (including annexes to the extent available in electronic format) in (a) hard copy by postal-mail, and (b) electronic form by facsimile or e-mail to the address shown in the domain name's registration data in the IEDR Whois database for the Registrant and the administrative contact and to any other address provided to the Provider by the Complainant.

2.2 Except as provided in Paragraph 2.1, any written communication to the Complainant or the Registrant provided for under these Rules shall be made by the preferred means stated by the Complainant or the Registrant, respectively (see Paragraphs 3.4.3 and 5.2.3), or in the absence of such specification:

2.2.1 by telecopy or facsimile transmission, with a confirmation of transmission; or

2.2.2 by postal or courier service, postage pre-paid and return receipt requested; or

2.2.3 electronically via the Internet, provided a record of its transmission is available.



2.3 Except where otherwise provided in these Rules or decided by the Panel, all communications provided for under these Rules shall be deemed to have been made:

2.3.1 If delivered by facsimile transmission, on the date shown on the confirmation of transmission; or

2.3.2 If by postal or courier service, on the date marked on the receipt; or if by ordinary post 5 days after posting;

2.3.3 If via the Internet, on the date that the communication was transmitted, provided that the date of the transmission is verifiable.



2.4 Except as otherwise provided in these Rules all time periods calculated under these Rules shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2.3.

2.5 Except for the communication to the Complainant under Paragraph 4.2, any communication by

2.5.1 A Panel to any Party shall be copied to the Provider and to the other Party;

2.5.2 The Provider to any Party shall be copied to the other Party; and

2.5.3 A Party shall be copied to the other Party, the Provider and the Panel, if appointed.



2.6 It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.

2.7 In the event a Party sending a communication receives notification of non-delivery of the communication, the Party shall promptly notify the Panel (or if no Panel is yet appointed, the Provider) of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Panel (or the Provider, if no Panel has been appointed).

3. The Complaint

3.1 Any person or entity may initiate an administrative proceeding by submitting a complaint in accordance with the Policy and these Rules to the Provider. The Complainant shall send a copy of the complaint to the Registrant and IEDR.

3.2 The complaint may relate to more than one domain name, provided that the domain names are registered by the same domain name holder.

3.3 Where two or more domain names are registered amongst two or more associated companies (within the meaning of the Companies Act 1963 (as amended)), the associated companies shall for the purposes of these Rules be treated as a single Registrant.

3.4 The complaint shall be submitted in hard copy and in electronic form (except annexes not available in electronic form), shall be accompanied by the fee payable by the Complainant, and shall:

3.4.1 Request that the complaint be submitted for decision in accordance with the Policy and these Rules;

3.4.2 Provide the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorised to act for the Complainant in the administrative proceeding;

3.4.3 Specify a preferred method for communications directed to the Complainant in the administrative proceeding for each of (A) electronic-only material and (B) material including hard copy;

3.4.4 Designate whether the Complainant elects to have the dispute decided by a single member or a three member Panel and, in the event the Complainant elects a three member panel, provide the names and contact details of three candidates from the Provider's list to serve as one of the Panelists.

3.4.5 Provide the name of the Registrant and all information (including any postal and e-mail addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Registrant or any representative of the Registrant, including contact information based on pre-complaint dealings;

3.4.6 Specify the domain name(s) that is/are the subject of the complaint;

3.4.7 Specify the Protected Identifier(s) on which the complaint is/are based and establish the rights of the Complainant in such Protected Identifier(s);

3.4.8 Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular,

3.4.8.1 The manner in which the domain name(s) of the Registrant is/are identical or misleadingly similar to a Protected Identifier;

3.4.8.2 Why the Registrant should be considered as having no rights or legitimate interests in respect of the domain name(s) that is/are the subject of the complaint; and

3.4.8.3 Why the domain name(s) should be considered as having been registered or used in bad faith.



3.4.9 Specify, in accordance with the Policy, the remedies sought;

3.4.10 Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

3.4.11 State that a copy of the complaint has been sent or transmitted to the Registrant and indicate the means of transmission;

3.4.12 State that the Complainant will submit, with respect to any challenges to a decision in the administrative proceeding canceling or transferring the domain name to the courts of Ireland.

3.4.13 Conclude with the following statement followed by the signature of the Complainant or its authorised representative: "Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain name holder and, except in the case of deliberate wrongdoing, waives all such claims and remedies against (a) IEDR, including its directors, officers, employees and agents; (b) the Panel; and (c) the Provider, including its directors, officers, employees and agents. The Complainant also certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument"; and

3.4.14 Annex any documentary or other evidence, including any registered rights upon which the complaint relies, together with a schedule indexing such evidence.



4. Notification of Complaint

4.1 The Provider shall review the complaint for formal compliance with the Policy and these Rules. If the review determines that the complaint is compliant, the Provider shall forward the complaint to the Registrant, in the manner prescribed by Paragraph 2.1 within three (3) working days (as observed at the Provider's principal office) following receipt of the fees to be paid by the Complainant in accordance with Paragraph 18.

4.2 If the Provider finds the complaint to be formally deficient, it shall promptly notify the Complainant thereof. The Complainant shall have five (5) working days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to the submission of a different complaint by Complainant. The Provider shall notify the Complainant, the Registrant and IEDR of such withdrawal.

4.3 The date of commencement of the administrative proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2.1 in connection with forwarding the complaint to the Registrant.

4.4 The Provider shall immediately notify the Complainant, the Registrant and IEDR of the date of commencement of the administrative proceeding.

5. The Response

5.1 Within twenty (20) working days of the date of commencement of the administrative proceeding the Registrant shall submit a response to the Provider. At the request of the Registrant, the Provider may, in exceptional cases, extend the period of time for the filing of the response. The period may also be extended by way of written agreement between the Parties, provided the agreement is approved by the Provider.

5.2 The response shall be submitted in hard copy and in electronic form (except annexes not available in electronic form), shall be accompanied by any fee payable by the Registrant, and shall:

5.2.1 State whether the Registrant accepts or rejects the complaint and, in the latter case, respond specifically to the statements and allegations contained in the complaint and detail the reasons why the Registrant should retain registration and use of the disputed domain name;

5.2.2 Provide the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Registrant and of any representative authorised to act for the Registrant in the administrative proceeding;

5.2.3 Specify a preferred method for communications directed to the Registrant in the administrative proceeding for each of (A) electronic-only material and (B) material including hard copy;

5.2.4 If either the Complainant or the Registrant elects a three member Panel, provide the names and contact details of three candidates from the Provider's list to serve as one of the Panelists;

5.2.5 Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;

5.2.6 State that a copy of the response has been sent or transmitted to the Complainant, indicate the means of transmission and conclude with the following statement followed by the signature of the Registrant or its authorised representative: "The Registrant certifies that the information contained in this Response is to the best of the Registrant's knowledge complete and accurate, that this Response is not being presented for any improper purpose, that the assertions in this Response are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument"; and

5.2.7 Annex any documentary or other evidence upon which the Registrant relies, together with a schedule indexing such documents.

5.3 If the Complainant has elected to have the dispute decided by a single member Panel and the Registrant elects for a three member Panel the Registrant shall be required to pay one half of the applicable fee for the three member panel as provided for in the Provider's Supplemental Rules. This payment shall be made at the same time as the response is submitted to the Provider. In the event that the required payment is not so made the dispute shall be decided by a single member Panel.

5.4 In the event that a Registrant does not submit a response within 20 working days, and in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.

6. Appointment of the Panel and Timing of Decision

6.1 The Provider shall maintain and publish a publicly available list of Panelists and their qualifications. Panelists appointed to decide upon complaints under the Policy must be qualified in Irish law.

6.2 If neither the Complainant nor the Registrant has elected a three member Panel, the Provider shall endeavor to appoint within 5 working days (as observed at the Provider's principal office) following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of Panelists. The fees for a single member Panel shall be paid entirely by the Complainant.

6.3 If either the Complainant or the Registrant elects to have the dispute decided by a three member Panel, the Provider shall appoint three Panelists. The fees for a three member Panel shall be paid in their entirety by the Complainant, except where the election for a three member Panel was made by the Registrant, in which case the applicable fees shall be shared equally between the Parties.

6.4 Unless the Complainant has already elected a three member Panel, the Complainant shall submit to the Provider, within five (5) working days of communication of a response in which the Registrant elects a three member Panel, the names and contact details of three candidates to serve as one of the Panelists. These candidates are to be drawn from the Provider's list of Panelists.

6.5 In the event that the Complainant has elected to have the dispute decided by a three member Panel, and the Registrant fails to submit a response, the Complainant may elect instead to have the dispute decided by a single member Panel.

6.6 In the event that either the Complainant or the Registrant elects a three member Panel, the Provider shall endeavour to appoint one Panelist from the list of candidates provided by each of the Complainant and the Registrant. In the event the Provider is unable within five (5) working days (as observed at the Provider's principal office) to secure the appointment of a Panelist from either Party's list of candidates, the Provider shall make that appointment from its list of Panelists.

6.7 The third Panelist, who shall be the Presiding Panelist, shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify within five (5) working days of the Provider's submission of the five candidate list to the Parties. Where a Party fails to indicate its order of preference for the Presiding Panelist to the Provider, the Provider shall nevertheless proceed to appoint the Presiding Panelist.

6.8 Where the Registrant does not submit a response or does not submit the payment provided for in Paragraph 18.1, the Provider shall appoint the panel as follows:

(i) If the Complainant has elected a single member Panel, the Provider shall appoint the Panelist from its published list;

(ii) If the Complainant has elected a three member Panel, the Provider shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its published list.



6.9 Once the Panel is formed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Provider.

7. Impartiality and Independence

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances that could give rise to a concern as to the Panelist's impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to a concern 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 on this matter shall be made to a staff member of the Provider, who is responsible for the administration of the case.

9. General Powers of the Panel

9.1 The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.

9.2 In all cases, the Panel shall ensure that the Parties are treated equitably and that each Party is given a fair opportunity to present its case.

9.3 The Panel shall ensure that the administrative proceeding is conducted within a reasonable time period. 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 Panel.

9.4 The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.

9.5 A Panel shall consider a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

10. Language of Proceedings

10.1 The language of the administrative proceeding shall be English.

10.2 The Panel may order that any documents submitted in any other languages be accompanied by a translation in whole or in part into the language of the administrative proceeding.

11. 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.

12. 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, that such a hearing is necessary for deciding the complaint, in which case the Panel shall determine the place, time, and length of the hearing.

13. Default

13.1 In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or by the Panel, the Panel shall proceed to reach a decision on the complaint.

13.2 If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, these Rules or any request from the Panel, the Panel shall draw such inferences as it considers appropriate.

14. Panel Decisions

14.1 A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any principles of law that it deems applicable.

14.2 In the absence of exceptional circumstances, a single member Panel shall forward its decision on the complaint to the Provider within fourteen (14) working days of its appointment, or as soon as possible thereafter. In the absence of exceptional circumstances, a three member Panel shall forward its decision on the complaint to the Provider within twenty-one (21) working days of its appointment, or as soon as possible thereafter.

14.3 In the case of a three member Panel, the Panel's decision shall be concluded by way of a majority decision. Any dissenting opinion shall accompany the majority decision.

14.4 The Panel's decision shall be in writing. The decision shall provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the members of the Panel.

14.5 If the Panel concludes that the dispute is not within the scope of the Policy, it shall so state.

14.6 If after considering the submissions the Panel finds that the complaint was brought in bad faith, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.

15. Communication of Decision to Parties

15.1 Within three (3) working days (as observed at the Provider's principal office) after receiving the decision from the Panel, the Provider shall communicate the full text of the decision to each Party and IEDR. In the event of a determination in favour of the Complainant, IEDR shall immediately communicate to each Party the date for the implementation of the decision in accordance with the Policy and any action required by the Parties in connection therewith.

15.2 Except if the Panel determines otherwise, the Provider shall publish the full decision at its web site.

16. Settlement or Other Grounds for Termination

16.1 If the Complainant notifies the Provider or the Panel that the Parties have agreed on a settlement, the Provider or the Panel, as the case may be, shall suspend or terminate the administrative proceeding.

16.2 If, in the opinion of the Provider or the Panel, it becomes unnecessary or impossible to continue the administrative proceeding for any other reason, the Provider or the Panel shall terminate the administrative proceeding.

17. Effect of Court Proceedings

17.1 In the event of any legal proceedings between the Parties initiated prior to, or during, an administrative proceeding in respect of a domain name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.

17.2 A Party that initiates legal proceedings during the administrative proceeding, in respect of a domain name dispute that is the subject of the complaint, shall promptly notify the Provider and the Panel.

18. Fees

18.1 The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required. A Registrant electing under Paragraph 5.3 to have the dispute decided by a three member Panel, rather than the single member Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three member Panel. See Paragraph 6.3. In all other cases, the Complainant shall bear all of the Provider's fees, except as prescribed under Paragraph 18.3. The Provider shall be under no obligation to take any action on a complaint until it has received from the Complainant the appropriate fee(s).

18.2 If the Provider has not received the appropriate fee within the time limits set by the Provider, the Provider shall have the discretion to terminate the administrative proceeding.

18.3 In exceptional circumstances, for example where in-person hearings are required, the Provider may request from the Parties the payment of additional fees.

19. Exclusion of Liability

Except in the case of deliberate wrongdoing, the IEDR, the Provider (and their directors, members, employees, agents and representatives) and the Panel shall not be liable to any natural or legal person for any act or omission in connection with any administrative proceeding under these Rules.

20. Amendments

The Provider reserves the right to modify these Rules at any time following consultation with IEDR. Any revised Rules will be posted at the Provider's web site. Modifications shall take effect 30 calendar days following the posting of the new Rules. Whatever Rules are in place at the time a complaint is submitted to the Provider will be applied to the dispute.

 

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