If the Respondent does not submit a response or does not pay the Response Deposit Fee or place an acceptable bond, Registry will notify the Parties. Reply by the Complainant If a reply is submitted it must be submitted as far as possible in electronic form using Registry online forms, unless exceptional circumstances apply in which case the reply may be submitted to us in hard copy including three copies of all annexes.
If the Complainant does not submit a reply to us within seven 7 Calendar Days submissions are deemed closed. Response to Reply To the extent that the Adjudicator intends to take note of any new material, the Adjudicator shall invite the Respondent to file a further submission in response to that material and such further submission shall not exceed words not including annexes limited to 10 pages. Close of pleadings Upon close of submissions, the Adjudicator shall within 14 days and in the absence of exceptional circumstances, provide adjudication.
The appointed Adjudicator shall only grant an application for a summary decision if the conditions set out in the Policy are satisfied. In addition to the complaint, the response and if applicable the reply and any appeal, the Adjudicator may request further statements or documents from the Parties. The Adjudicator will not be obliged to consider any statements or documents from the Parties which he or she has not received according to the Policy or this Procedure or which he or she has not requested.
Any communication with us intended to be passed to the Adjudicator which is not part of the standard process e. Any non-standard submission must contain as a separate, first paragraph, a brief explanation of why there is an exceptional need for the non-standard submission. Registry will pass this explanation to the Adjudicator, and the remainder will only be passed to the Adjudicator at his or her sole discretion. If there is no explanation, Registry may not pass on the document or information. On receipt of a non-standard submission Registry shall copy to the other Party the explanatory first paragraph, but Registry will only send the remainder to the other Party if and when the Adjudicator requests sight of the remainder.
In Person Hearings No in person hearings including hearings by conference call, video conference and web conference will be held unless the Adjudicator determines in his or her sole discretion and in exceptional cases, that such a hearing is necessary to enable him or her to come to a Decision.
Impartiality and Independence The Adjudicator shall be impartial and independent and both before accepting the appointment and during the proceedings will disclose to us any circumstances giving rise to justifiable doubt as to his or her impartiality or independence. Registry will have the discretion to appoint a substitute Adjudicator if necessary in which case Registry will adjust the timetable accordingly. All communication between a Party and the Adjudicator must be made through us. General Powers of Registry and the Adjudicator We, or the Adjudicator if appointed, may in exceptional cases extend any period of time in proceedings under the CIDD.
The Adjudicator shall determine the admissibility, relevance, materiality and weight of the evidence. Registry may from time to time implement quality control measures, including peer review, and shall set out the details of such quality control measures on Registry web site. The determination of whether exceptional circumstances exist under any provision of this Procedure or the Policy shall be in Registry sole discretion. Amendment of any provision of this Procedure or the Policy shall be in Registry sole discretion. If Registry find that a submission by a Party exceeds the word limit, Registry will return the submission to that Party who will within seven 7 Days return a submission to us which complies with the word limits.
If Registry do not receive the submission back from: Withdrawal will not stop the Complainant from submitting a different complaint, although a new fee will be payable. If, in the absence of exceptional circumstances, a Party does not comply with any time period laid down in the Policy or this Procedure, the Adjudicator may deem that submission period closed when a Decision may be made on the Complaint.
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If the Adjudicator has not been appointed Registry shall take any action which it deems appropriate in its sole discretion, unless prescribed by this Procedure. There may be occasions where the Adjudicator is in possession of relevant information, which is not in the case papers and upon which he or she wishes to rely for the purposes of the Decision. In such circumstances the Adjudicator may inform the Parties and invite them to make submissions if the Adjudicator deems it appropriate.
The adjudicator may extend the timelime for decision to 28 days in exceptional circumstances for peer review of the draft Decision.
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The Decision shall be in writing and signed, provide the reasons on which it is based, indicate the date on which it was made and identify the name of the Adjudicator. If the Adjudicator concludes that the dispute is not within the scope of the Policy, he or she shall state that this is the case. Bad Faith Findings If, after considering the submissions, the Adjudicator finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking, the Adjudicator shall state this finding in the Decision.
If the Complainant is found on three separate occasions within a 2-year period to have brought a complaint in bad faith, Registry will not accept any further complaints from that Complainant for a period of 2 years. Communication of Decision to Parties and Implementation of Decision Within three 3 Days of Registry receipt of a Decision from the Adjudicator, Registry will communicate the full text of the Decision to each Party and the date for the implementation of the Decision in accordance with the Policy.
Registry will publish the full Decision and the date that any action which the Decision requires will be taken, on Registry web site. If the Adjudicator makes a Decision recommending that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, Registry will implement that Decision by making any necessary changes to Registry domain name register database after fourteen 14 Days of the date that the Parties were notified, unless, during the period, Registry receive from either Party: In the event of Court action , Registry will take no further action in respect of the Domain Name unless Registry receive either a Notification from the Court which satisfies us that the Parties have reached a settlement; or b evidence which satisfies us that such proceedings have been dismissed, withdrawn or are otherwise unsuccessful.
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Either Party shall have the right to appeal a Decision by submitting within 14 days of the decision: A statement of intention to appeal should only contain sufficient information to make it clear that an appeal is requested. The statement of intention to appeal should not contain the actual grounds or reasons for appeal. If an appeal notice or intention to appeal has been given, the appellant within a further 7 days i. The Registry will forward this to the other Party and appoint the Appeal panel.
Within ten 10 Days of receiving the appeal notice from us, the other Party may submit to us a Response to the Appeal. An appeal notice response must not exceed words, should set out detailed grounds and reasons why the appeal should be rejected but should contain no new evidence or annexes unless these have arisen since submission was last made by that Party. The Registry will forward this to the other Party. Following the filing of an appeal and receipt of any Appeal Response or the expiry of the deadline to do so Registry will provide the same to the Appeal panel.
The appeal panel should not normally take into consideration any new evidence presented in an appeal notice or appeal notice response, unless they believe that it is in the interests of justice to do so. An Appeal Decision shall be made within 30 days of the close of submissions or 45 days in the event of peer review of the draft appeal Decision. The appeal panel will consider appeals on the basis of a full review of the matter and may review procedural matters.
Settlement or Other Grounds for Termination If, before a Decision is made the Parties agree and notify us of a settlement which Registry approve, whether or not pursuant to Informal Mediation, Registry will terminate proceedings under the CIDD Service. If, before a Decision is made, it becomes unnecessary or impossible to continue proceedings under the CIDD Service for any reason, Registry will terminate proceedings under the Dispute Resolution Service unless a Party raises justifiable grounds for objection within a period of time which Registry will determine.
Effect of Court Proceedings If legal proceedings relating to a Domain Name are issued in any Channel Island court before or during the course of proceedings under the CIDD and are brought to Registry attention, Registry will suspend the proceedings, pending the outcome of the legal proceedings. If legal proceedings relating to a Domain Name are issued in any Court other than a Channel Island court before or during the course of proceedings under the CIDD and are brought to Registry attention, Registry may at Registry discretion suspend the proceedings, pending the outcome of the legal proceedings.
A Party must promptly notify us if it initiates legal proceedings in a court of competent jurisdiction in relating to a Domain Name during the course of proceedings under the CIDD. The operation of CIDD will not prevent either the Complainant or the Respondent from submitting the dispute to a court of competent jurisdiction.
Exclusion of Liability Neither Registry nor Registry directors, officers, employees or servants nor any Adjudicator shall be liable to a party for anything done or omitted in connection with any proceedings under the CIDD unless the act or omission is shown to have been in bad faith. Registry reserve the right to make reasonable modifications to the Policy and Procedure at any time for good reason and at Registry entire discretion.
Except where Registry are acting in pursuance of a statutory requirement or a court order or other unforeseen urgent event, changes will be implemented following a process of open public consultation.
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Except where Registry are acting in pursuance of a statutory requirement or a court order or other unforeseen urgent event, each such change will be published in advance where practicable, thirty 30 calendar days in advance on Registry web site to be found at http: The Claimant and Respondent will be bound by the Policy and Procedure which are current at the time the CIDD is commenced until the dispute is concluded, but subject always to amendments in pursuance of a statutory requirement or a court order or other unforeseen urgent event. Notwithstanding the provisions of the Policy and this Procedure which require hard copies of documents and any annexes to be filed together with the original signatures of the Parties, Registry shall in Registry sole discretion permit electronic filing of all forms, documents and annexes, and may not require hard copies to be served.
Details of the e-filing procedure as exists from time to time will be given on Registry web site and it is strongly recommended that such e-filing procedure is followed unless exceptional circumstances exist. If both parties pay the relevant Domain Arbitration fee then adjudication on the submitted case with any investigatory additional material will arise and the stage 2 fee is refunded to the prevailing party. Registry will publish decisions of the adjudicators and the appeal panel. Adjudications and Appeal decisions will not have precedent value, but will be of persuasive value to Adjudicators in future decisions.
Registry may refer questions of interpretation of the Policy and Procedure to the adjudicator panel and their decision shall be final.
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Any determination arising as a result of Registry referral will not affect any Decision previously made under the CIDD. A non-exhaustive list of examples which may be exceptional enough to justify a re-hearing include: Transfers During a Dispute A Respondent may not transfer a Domain Name registration: Registry reserve the right to reverse any transfer of a Domain Name registration which does not comply with this paragraph. Governing Law and Jurisdiction Any dispute in relation to this procedure shall be subject to the sole and exclusive application of English Law.
Note to clause 3 Note: There shall be a rebuttable presumption of Abusive Registration if the Complainant proves that the Respondent has been found by the CIDD Process in three or more adjudications in the previous two 2 years before the Complaint was filed to have made an Abusive Registration. Note to Clause 4 Notes: The adjudicator may determine that the Domain Name is not part of a wider pattern or series of registrations because the Domain Name is of a significantly different type or character to the other domain names registered by the Respondent.
Fair use may include sites operated solely in tribute to or in criticism of a person or business. Where legitimate or fair use is asserted, the Respondent must rebut the presumption by proving in the Response that the registration of the Domain Name is not an Abusive Registration. Trading in domain names for profit, and holding a large portfolio of domain names, are of themselves lawful activities and where generic names are permitted in other jurisdictions, the adjudicator will review each case on its merits.
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