Home Dispute Resolution Services About Us Forms Cases Resolved Registration
 
Domain Name Dispute Resolution
Dispute Policy (UDRP)
URDP Rules
Supplementary Rules
The Process
How to Apply
Fee
 
Supplementary Rules

The domain name dispute resolution center
supplemental rules to the internet corporation for assigned names and numbers (icann) uniform domain name dispute resolution policy and the rules for the uniform domain name dispute resolution policy

 

THE SUPPLEMENTAL RULES
(IN EFFECT AS OF 1st FEBRUARY 2007)

 
1. Definitions
  1. "The Rules" mean the Rules for the Uniform Domain Name Dispute Resolution Policy as approved by ICANN on 24 October 1999.
  2. "The Policy" means the Uniform Domain Name Dispute Resolution Policy as approved by ICANN on 24 October 1999.
  3. "The Supplemental Rules" mean these Rules which are Supplemental to the Rules and the Policy and are adopted by the Domain Name Dispute Resolution Center (DNDRC) to assess Complaints regarding Domain Name Dispute and administer proceedings in conformity with "the Rules" and where required supplement them.
  4. "The Center" means the Domain Name Dispute Resolution Center (DNDRC) www.dndrc.com.
  5. "Office of the Center" shall mean the email address contact@dndrc.com or any office of the Center, as the case may be, or as the context may require.
  6. Any terms defined in the Policy and the Rules shall have the same meaning in the Supplemental Rules.

2. Scope

  1. The Supplemental Rules are to be read and used in connection with the Policy and the Rules.
  2. The Center shall use the Rules, the Policy and the Supplemental Rules in connection with any Complaint submitted to it.
  3. These Supplemental Rules shall be Supplemental and to complement the Rules.  However, in case of any conflict between the Rules and these Supplemental Rules, these Supplemental Rules shall prevail.

3. Communications between Parties and the Center

  1. Unless otherwise agreed in writing beforehand with the Center, any submission that may or is required to be made to the Center pursuant to the Rules, the Policy and the Supplemental Rules may be made:-
    • by email to contact@dndrc.com with attachments either signed by the use of advanced digital signatures or scans of signed documents; or
    • by telecopy or facsimile, with a confirmation of transmission; or
    • by postal or courier service, with postage pre-paid and documentary verification of service and, for the purposes of this sub-rule, double registered post shall constitute good service; or
    • All documentation submitted in paper form to the Office of the Center by the Parties shall be submitted in four (4) sets together with the original copy marked "Original".
  2. The Office of the Center shall maintain an electronic archive and if deemed appropriate by the Center a paper archive of all communications received or required to be made under the Rules and the Supplemental Rules for a period of six months from the date of filing the initial Complaint from the Complainant. Subsequently, all communications and documentation received may be destroyed.
4. Communications Between Parties and the Panel
  1. Where a Party intends to send any communications to the Panelist, it shall be emailed to the Center which the Complaint has selected to administer the proceedings. If necessary, as may be advised by the Center, it may also have to be addressed through the Office of the Center.
  2. Where a Party sends any communications to the Office of the Center, it shall at the same time send a copy to the other Party with verification of service lodged with the Office of the Center.
  3. The Parties may communicate with the Office of the Center by phone, fax, email, or in the ordinary course of mail. Any communication by post shall be deemed to be received in four (4) days after receipt in the case of local mail or in seven (7) days in respect of overseas mail. While any instantaneous means of communications shall be deemed to be received when received by the Center.

5. The Complaint

  1. The Complainant shall be required to send its Complaint to the Office of the Center which the Complaint has selected to administer the proceedings, using Form under cover of the "Complaint Transmittal Coversheet" (CTC) which are available at www.dndrc.com/downloads, posted on the Web site of the Center.
  2. In accordance with Paragraph 3(b)(vii) of the Rules, the Complainant shall provide a copy of the Complaint to PKNIC or the concerned Registrar(s) (as deemed appropriate by DNDRC) at the same time as it submits its Complaint to the Office of the Center.
  3. In accordance with Paragraphs 4(a) and 19 of the Rules, the Office of the Center shall forward the Complaint to the Respondent(s) within three (3) calendar days following receipt of the initial fee from the Complainant.
  4. The administrative proceedings will be deemed to have commenced on the date that the Office of the Center forwards the Complaint to the Respondent(s).

6. The Response

  1. Within seven (7) days of the date of commencement of the administrative proceedings, the Respondent shall submit a Response using the Response Form which is available at www.dndrc.com/downloads posted on the Center’s Web site to the Office of the Center.
  2. In accordance with Paragraph 5(b)(vii) of the Rules, the Respondent shall provide a copy of the Response to the Complainant(s).

7. The Center's Compliance Review

  1. The Office of the Center shall, within three (3) calendar days of acknowledging the Complaint, examine the Complaint for compliance with the Policy, the Rules and the Supplemental Rules and shall notify the Parties of any deficiencies therein.
  2. The Complainant shall remedy any deficiencies identified by the Office of the Center within five (5) calendar days. Failing this, the administrative proceedings will be deemed withdrawn in accordance with Paragraph 4(b) of the Rules, unless time is extended by the Center.
8. Panelist(s) Appointment Procedures
  1. The Center may maintain and publish a list of Panelist(s) and their qualifications. Any Party may refer to the Center's Web site at www.dndrc.com for details. For administrative proceedings, the Office of the Center shall appoint any person from the list as the sole Panellist.
9. Impartiality and Independence
  1. The Panelist shall be and remain at all times wholly independent and impartial, and shall not act as advocate for any Party during the proceedings.
  2. Prior to the appointment of any proposed Panelist(s), and after the appointment, the Panelist(s) shall declare in writing to the Parties and the Office of the Center any circumstances which are likely to create an impression of bias or prevent a prompt resolution of the dispute between the Parties. Except by consent of the Parties, no person shall serve as a Panelist(s) in any dispute in which that person has any interest, which, if a Party knew of it, might lead him/her to think that the Panelist(s) might be biased.
  3. The impartiality or independence of a Panel shall not be prejudiced in case of having represented any party having the same nature of business or domain knowledge as any of the Parties to the dispute but in fact this shall be a possible advantage as the Panelist will possess the technical domain knowledge.  However, if a Panelist has obtained any consultation fees or has otherwise received any consideration in connection with the specific dispute before him, he shall recuse himself from the Panel.
  4. After a Panelist has been appointed but before rendering a decision, a Panelist dies, is unable to act, or refuses to act, the Office of the Center will, upon request by either Party, appoint a replacement Panelist.

10. Panel Decision

  1. A Panel shall make its decision in writing and shall state the reasons upon which the decision is based. The decision shall be dated and signed by the Panelist according to the requirements set forth in Paragraph 15 of the Rules.
  2. The Panel shall forward its decision to the Office of the Center upto fourteen (14) days of its appointment. In exceptional circumstances, the Office of the Center may extend the time as required for the Panel to forward its Decision.
  3. The Office of the Center shall within three (3) calendar days of its receipt of a decision from the Panelist forwards copies by email of the decision to the Parties, PKNIC and if deemed appropriate by PKNIC, the concerned Registrar(s).

11. Correction of Panel Decision

  1. Within three (3) days of receiving the decision, a Party may by written notice to the Office of the Center and the other Party requests the Panel to correct in the decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. Any such corrections shall be given in writing to the Parties and shall become a part of the decision.
  2. The Panel may correct any errors on its own initiative of the type referred to in 11(1) above within seven (7) days of the date of the decision being rendered.

12. Publication of Panel Decision

  1. The Office of the Center shall submit the decision of the Panel to the Parties, PKNIC or if the Center deems it appropriate the Registrar(s) and ICANN. Unless the Panel determines otherwise, the Office of the Center shall publish the full decision and any pleadings on the Center's Web site.

13. Limits on Description of Written Statements

  1. In accordance with Paragraph 3(b)(ix) and 5(b)(i) of the Rules, the (maximum) word limit shall be 3,000 words. Parties are required to observe this as the Panel in their own discretion shall have liberty to ignore those words exceeding the maximum stated limit.
  2. In accordance with Paragraph 15(e) of the Rules, there shall be no set word limit in regard to a Panel Decision.

14. Appointment of Case Administrator

  1. When the Complaint is sent by the Office of the Center to the Respondent, the Office of the Center shall notify the Parties that in case no Response form duly filled is received within seven (7) days of the email being sent the matter will be decided ex parte.
  2. In case the Office of the Center does not receive any Response duly filled by the Respondent, the dispute shall be decided by the Panelist appointed ex parte.

15. Fees (US Dollars)

  1. The applicable fees are as follows:
    Arbitrators Fee                        US$ 600
    Administrative Charges           US$ 200
    Total                                         US$ 800/-

    In case of exceptionally time consuming and/or complex cases DNDRC reserves the right to quote a revised fee proportional with the time and/or complexity of a particular dispute that may have to be incurred by DNDRC depending upon circumstances of a particular Dispute Resolution Process for instance in case of extended number of days in the hearings, voluminous documentation.  Additionally, the office of the Center may also offer any discounts.
  2. If any amendments are required due to deficiencies in the Complaint Form, an additional charge of US$50 may be charged by the Office of the Center when accompanying any resubmission.
  3. Fees to be paid to the Office of the Center in accordance with the Supplemental Rules shall be paid by draft made payable to "Domain Name Dispute Resolution Center". All fees to be paid are in Pakistan Rupees for the equivalent US Dollars value.
  4. The Complainant shall be responsible for paying the total fees.
  5. The said fees do not include any payments that might have to be made to a lawyer representing a Party.
  6. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the Office of the Center shall be the responsibility of the Party making the payment.
16. Exclusion of Liability
  1. Without prejudice to any existing rule of law, no Panelist shall be liable to any Party, PKNIC, a concerned Registrar or ICANN for any act or omission in connection with the administrative proceedings conducted under the Rules, the Policy and the Supplemental Rules, save in the case of fraud, dishonesty or deliberate wrongdoing.
  2. Without prejudice to any existing rule of law, the Center, its officers and its staff, shall not be liable to any Party, PKNIC, a concerned Registrar or ICANN for any act or omission in connection with any administrative proceedings conducted under the Rules, the Policy and the Supplemental Rules, save in the case of fraud, dishonesty or deliberate wrongdoing.
  3. Without any prejudice to any existing rule of law, the Center,its officers and its staff, have the utmost discretion to amend any of the clauses mentioned above at any time.

17. Miscellaneous

  1. Words importing the singular number only shall include the plural and the converse shall also apply.
  2. Words importing the masculine gender shall include the feminine gender and the converse shall also apply.

18. Amendments

The Center may amend the Supplemental Rules from time to time.
 
 
Home | Dispute Resolution | Services | About Us | Forms | Cases Resolved | Registration | News & Events | Contact us
Designed & Developed by MAGSNET LIMITED