(the WIPO "Supplemental Rules")
(In effect as of 2022)
1. Scope
2. Definitions
3. Communications
4. Submission of Complaint and Annexes
5. Formalities Compliance Review
6. Appointment of Case Administrator
7. Submission of a Response
8. Panelist Appointment Procedures
9. Declaration
10. Fees
11. Word Limits
12. File Size and Format Modalities
13. Amendments
14. Exclusion of Liability
1. Scope
(a) Relationship to Guidelines. These Supplemental Rules are to be read and used in connection with the Domain Name Dispute Resolution Guidelines (“Guidelines”), approved by Tanzania Communications Regulatory Authority (“TCRA”).
(b) Version of Supplemental Rules. The version of these Supplemental Rules as in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.
2. Definitions
Any term defined in the Guidelines shall have the same meaning in these Supplemental Rules. References to the Provider in these WIPO Supplemental Rules shall be construed as meaning the WIPO Arbitration and Mediation Center (the “Provider” or the “Center”).
3. Communications
(a) Modalities. Subject to Paragraphs 8.2.2 and 8.3.7 of the Guidelines, except where otherwise agreed with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to these Supplemental Rules, shall be made either:
(i) by electronic mail (e-mail) using the address specified by the Provider; or
(ii) through the Provider’s Internet-based case filing and administration system.
(b) Archive. The Provider shall maintain an archive of all communications received or required to be made under the Guidelines.
4. Submission of Complaint and Annexes
(a) Complaint Including Annexes. The complaint including any annexes shall be submitted electronically in complete form (in accordance with paragraph 12(a) below).
(b) Complaint Transmittal Coversheet. The Complainant shall be required to send or transmit its complaint under cover of the Complaint Transmittal Coversheet set out in Annex A hereto and posted on the Provider's web site. Where available, the Complainant shall use the version that is in the same language(s) as the registration agreement(s) for the domain name(s) that is/are the subject of the complaint.
(c) Registrar Notification. The Complainant shall provide a copy of the complaint to TCRA and the concerned Registrar(s) at the same time as it submits its complaint to the Provider.
(d) Complaint Notification Instructions. In accordance with Paragraph 8.3.1 of the Guidelines, the Provider shall forward the complaint electronically to the Respondent together with a set of instructions about what its obligations are in the administrative proceeding. In accordance with Paragraph 8.1.1(a) of the Guidelines the Provider shall also forward Written Notice of the complaint to the Respondent.
5. Formalities Compliance Review
(a) Deficiency Notification. The Provider shall, within five (5) calendar days following receipt of the fees to be paid by the Complainant, review the complaint for compliance with the formal requirements of the Guidelines and Supplemental Rules and notify the Complainant and Respondent of any deficiencies therein.
(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Provider within the time period provided for in Paragraph 8.3.2(b) of the Guidelines (i.e., five (5) calendar days), the Provider shall notify the Complainant, the Respondent, TCRA and the concerned Registrar(s) of the deemed withdrawal of the complaint.
(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the Provider following a deemed withdrawal, the Provider shall refund the fee paid by the Complainant pursuant to Paragraph 8.17 of the Guidelines, less a processing fee as set forth in Annex C.
6. Appointment of Case Administrator
(a) Notification. The Provider shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.
(b) Responsibilities. The Case Administrator may provide administrative assistance to the Administrative Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.
7. Submission of a Response
The response including any annexes shall be submitted electronically in complete form (in accordance with paragraph 12(b) below).
8. Panelist Appointment Procedures
(a) Party Candidates. Where a Party is required to submit the names of three (3) candidates for consideration for appointment by the Provider as a Panelist (i.e., in accordance with paragraphs 8.2.2(d), 8.3.7(d) and 8.4.1(d) of the Guidelines), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the Provider shall, subject to availability, respect the order of preference indicated by a Party.
(b) Presiding Panelist
(i) The third Panelist appointed in accordance with Paragraphs 8.4.1(e), 8.4.1(f) and 8.4.1(g) of the Guidelines shall be the Presiding Panelist.
(ii) Where, under Paragraphs 8.4.1(e), 8.4.1(f) and 8.4.1(g) of the Guidelines, 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.
(iii) Notwithstanding the procedure provided for in Paragraphs 8.4.1(e), 8.4.1(f) and 8.4.1(g) of the Guidelines, the Parties may jointly agree on the identity of the Presiding Panelist, in which case they shall notify the Provider in writing of such agreement no later than five (5) calendar days after receiving the list of candidates provided for in Paragraph 8.4.1(g) of the Guidelines.
(c) Respondent Default
Where the Respondent does not submit a response or does not submit the payment provided for in Paragraph 8.3.8 of the Guidelines by the deadline specified by the Provider, the Provider shall proceed to appoint the Administrative Panel, as follows:
(i) If the Complainant has designated a single member Administrative Panel, the Provider shall appoint the Panelist from its published list;
(ii) If the Complainant has designated a three member Administrative 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.
9. Declaration
In accordance with Paragraph 8.5 of the Guidelines, prior to appointment as a Panelist, a candidate shall be required to submit to the Provider a Declaration of Independence and Impartiality using the form set out in Annex B hereto and posted on the Provider’s web site.
10. Fees
The applicable fees for the administrative procedure are specified in Annex C hereto and posted on the Provider's web site.
11. Word Limits
(a) The word limit under Paragraph 8.2.2(j) of the Guidelines shall be 5,000 words.
(b) The word limit under Paragraph 8.3.7(a) of the Guidelines shall be 5,000 words.
(c) For the purposes of Paragraphs 8.12.5, 8.12.6 and 8.12.7 of the Guidelines, there shall be no word limits.
12. File Size and Format Modalities
(a) The file size and format modalities under Paragraph 8.2.2 of the Guidelines shall be as set forth in Annex D hereto and posted on the Provider’s website.
(b) The file size and format modalities under Paragraph 8.3.7 of the Guidelines shall be set forth in Annex D hereto and posted on the Provider’s website.
13. Amendments
Subject to the Guidelines, the Provider may amend these Supplemental Rules in its sole discretion.
14. Exclusion of Liability
Except in respect of deliberate wrongdoing, an Administrative Panel and the Provider shall not be liable to a party, a concerned registrar or TCRA for any act or omission in connection with the administrative proceeding.