OF THE CANADIAN INTERNATIONAL INTERNET DISPUTE RESOLUTION CENTRE (the “Centre” or the “CIIDRC” or the “Provider”) FOR THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY (the “Policy”) AND THE RULES FOR THE UNIFORM DOMAIN NAME DISPUTE RESOLUTION POLICY (the “UDRP Rules”) approved by the Internet Corporation for Assigned Names and Numbers (“ICANN”)
NOTE: The UDRP Rules provide that Supplemental Rules shall not be inconsistent with the Policy or the UDRP Rules and shall cover such topics as fees, word and page limits and guidelines, file size and format modalities, the means for communicating with the Centre and the Panel, and the form of cover sheets.
The Supplemental Rules
(In effect as of May 9, 2018)
- Complaint and Annexes
- Administrative Review of the Complaint
- Response and Annexes
- Case Administrator
- Panelist Appointment Procedures
- Panelist Declaration
- Panel Decisions
- Settlement and Termination of the Proceeding
- Word Limits
- File Size and Format Modalities
- Amendments of the Supplemental Rules
- Exclusion of Liability
- These Supplemental Rules (the “Supplemental Rules”) apply in connection with administrative proceedings for the resolution of disputes under the Policy and also in connection with the UDRP Rules.
- To the extent that these Supplemental Rules conflict with the UDRP Rules, the UDRP Rules supersede.
- The version of these Supplemental Rules in effect at the time a Complaint is submitted to the Centre applies to the administrative proceeding related to the Complaint.
Any word or phrase defined in the Policy or in the UDRP Rules has the same meaning in these Supplemental Rules.
A reference to the singular shall include a reference to the plural and vice versa.
- No party to a proceeding or person purporting to represent a party may communicate directly with a Panel, but may do so only via the Centre and initially with the Case Administrator appointed with respect to the administrative proceeding.
- Any submission or other communication to the Centre must be made:
- By email to the email address of the Centre; or
- Via any electronic system established by the Centre for the administration of proceedings; or
- By any other means or manner agreed with the Centre.
- After an administrative proceeding has been commenced, a party to the proceeding who sends any such communication to the Centre shall at the same time send a copy of that communication to any other party to the proceeding.
The Centre shall maintain an archive of all communications received or made with respect to administrative proceedings conducted by it and all such communications shall be so retained in the archive for three years after their deposit.
- COMPLAINT AND ANNEXES
- The Complaint that institutes the administrative proceeding and its annexes shall be submitted electronically to the Centre and shall request a decision with respect to the disputed domain name in accordance with the Policy, the UDRP Rules and these Supplemental Rules.
- The Complaint shall be in compliance with the word and page limits set out in Supplemental Rule 13 and the file size and format modalities set out in Supplemental Rule 14.
- A Complaint shall be submitted in the form set out in Schedule A to these Supplemental Rules.
- A Complaint shall be expressed in the language of the registration agreement of the relevant domain name or in the English language.
- Upon receipt of the Complaint, the Centre shall assign it a case number.
- ADMINISTRATIVE REVIEW OF THE COMPLAINT
- As soon as practicable after the Centre receives the Complaint and Annexes, the Centre shall conduct an administrative review of the same to assess compliance with the Policy, the UDRP Rules and these Supplemental Rules.
- If the Centre finds that the Complaint is in such compliance, it shall then forward to the Respondent electronically a copy of:
- a completed Notification of Commencement of Proceedings in the form set out in Schedule C to these Supplementary Rules;
- the Complaint and Annexes; and
- the Written Notice of the Complaint in the form set out in Schedule D or Schedule E to these Supplemental Rules, depending on whether the Complainant has requested a single member or a three-member Panel.
- If the Centre finds that the Complaint in not in such compliance, it shall notify the Complainant of all deficiencies and invite the Complainant to rectify them.
- If the Complainant rectifies the deficiencies to the satisfaction of the Centre, the Centre shall then forward to the Respondent electronically a copy of:
- a completed Notification of Commencement of Proceedings in the form set out in Schedule C to these Supplemental Rules;
- the Complaint and Annexes; and
- the applicable Written Notice of the Complaint referred to in 5 (b) (iii) above.
- If the Complainant does not rectify the deficiencies to the satisfaction of the Centre within 5 calendar days of notification, the Centre shall notify the Complainant that the Complaint is deemed to have been withdrawn, without prejudice to the right of the Complainant to file a fresh Complaint.
- Where a Complaint is so deemed to have been withdrawn, the Complainant may within 10 days of being so advised, apply to the Centre for a refund of the whole or a part of the initial fixed fee prescribed in accordance with UDRP Rule 19 and the Centre shall determine the outcome of any such application in the exercise of its discretion.
- The date of commencement of the administrative proceeding is the date on which the Centre completes its responsibilities under Supplemental Rule 5 in connection with sending a completed Notification of Commencement of Proceedings, the Complaint and Annexes, and the Written Notice to the Respondent.
- RESPONSE AND ANNEXES
The Response and its Annexes shall be submitted electronically to the Centre in compliance with the word and page limits and the file size and format modalities set out respectively in Supplemental Rules 13 and 14.
- CASE ADMINISTRATOR
- The Centre shall appoint from its staff a case administrator (“Case Administrator”) who shall deal with administrative aspects of the administrative proceeding and the proceedings. The Centre shall advise the parties of the Case Administrator’s appointment when it is made.
- The Case Administrator may provide administrative assistance to the Panel or a Panelist. The Case Administrator is neutral as between the parties and has no power to make a decision on any substantive issue in an administrative proceeding or influence any such decision.
- PANELIST APPOINTMENT PROCEDURES
- Proceedings under the UDRP are conducted before single member and three member panels. The Complainant and the Respondent both have the opportunity to request a single member panel or a three-member panel to preside over the administrative proceeding in question.
- Single Member Panel
This Supplemental Rule deals with the appointment of the single member Panel when neither party has requested a three-member Panel. The Centre will appoint the single Panelist from its own published list of Panelists:
- after the Respondent has filed a Response and neither party has requested a three-member Panel, or
- when a Respondent does not submit a Response and the time for filing a Response has lapsed, or
- when a Respondent does not make the payment provided by UDRP Rule 5(d) within the time specified.
- Three member panel
This Supplemental Rule deals with the first and second Panelists of a three-member Panel where one or other of the parties have requested a three-member Panel. The UDRP Rules require each party to the administrative proceeding to submit the names of three candidates to serve as one of the three Panelists who will constitute the three-member Panel where:
- under UDRP Rule 3(b)(iv) the Complainant has elected to have a three member Panel and the Complainant is required to submit a list of three candidates, from which list, one Panel member will be chosen by the Centre; and under UDRP Rule 5(c)(v) the Complainant having chosen to have a three member Panel, the Respondent must submit a list of three candidates, from which list, one Panel member will be chosen by the Centre; or
- the Complainant has elected to have a single member Panel, but the Respondent has elected under UDRP Rule 5(c)(iv) to have a three member Panel, so that each of the Complainant and the Respondent must submit a list of three candidates from each of which lists one Panel Member will be chosen by the Centre.
- When the respective party prepares its list of three candidates, the names of the candidates included in the list shall be drawn from the list of Panelists of any of the providers approved by ICANN and not necessarily from the list of Panelists of the Centre.
- When the respective party has compiled its list of candidates, it shall send them to the Centre in writing and in the order of its preference for appointment.
- In making the appointment of each of the two Panelists appointed pursuant to the UDRP Rules, the Centre shall give due regard to the order of preference expressed by each party in its list of candidates, subject to each candidates’ availability to serve on the Panel.
- The process just described results in the Complainant and the Respondent each having contributed to the appointment of one of the two members of a three-member Panel.
- The Third or Presiding Panelist on a Three Member Panel
This Supplemental Rule now deals with the appointment of the third or Presiding Panelist on a three-member Panel. The third Panelist shall be the Presiding Panelist and shall be responsible for coordinating the functions of the members of the Panel.
- The process for the appointment of the third or Presiding Panelist starts with the Centre submitting to each party a list of five candidates in accordance with UDRP Rule 6(e). In response, the parties shall indicate to the Centre their order of preference as between the five candidates.
- The Centre will select one from among the submitted list of five candidates in a manner that reasonably balances the preferences of both parties; and the candidate so selected shall be the third or Presiding Panelist.
- If a party does not express to the Centre its order of preferences between the five candidates, the Centre will appoint the third or Presiding Panelist without that party’s input.
- Further Appointment
If, after a Panelist has been appointed but before the Panel has rendered its decision, a Panelist dies, is unable to act, or refuses to act, the Centre will, upon request by either party, appoint a replacement Panelist.
- PANELIST DECLARATION
- A candidate for appointment as a Panelist must submit a Declaration of Impartiality and Independence to the Centre in the form of Schedule G to these Supplemental Rules.
- The Declaration of Impartiality and Independence must be provided to the Centre prior to the appointment of the candidate as a Panelist.
- PANEL DECISIONS
- The Panel shall render a decision in the administrative proceeding in accordance with the requirements of UDRP Rule 15.
- The decision shall be of a length that the Panel deems appropriate.
- The Centre shall communicate the full text of a decision to each party, the Registrar, and ICANN in accordance with UDRP Rule 16.
- Correction of Panel Decision
Within seven days of receiving the decision, the Centre or a party may, by written notice to a Panel and other parties, request the Panel to correct in the decision any clerical mistake, typographical error, or any errors of a similar nature.
- Upon request under Supplemental Rule 10(d) or on its own initiative, a Panel may correct any clerical mistake, typographical error, or any errors of a similar nature. Any correction made by a Panel shall become a part of the decision.
- The Centre shall communicate the full text of any corrected decision to each party, the Registrar(s), and ICANN in accordance with UDRP Rule 16.
- The Centre will publish the decision on a publicly accessible web site.
- All requests pursuant to Policy paragraph 4(j) and UDRP Rule 16(b) to have a portion of a decision redacted, must be made in the Complaint, the Response, or an Additional Submission that is submitted before the Panel’s decision is published.
- SETTLEMENT AND TERMINATION OF THE PROCEEDING
- UDRP Rule 17 provides for the termination of an administrative proceeding because the parties have agreed on a settlement of the administrative proceeding before the Panel’s decision.
- In those cases where there are settlement discussions and settlement take place, the procedural steps to be followed are set out in UDRP Rule 17.
- The settlement steps include a Standard Settlement Form of the Centre which is to be completed by the parties and submitted to the Centre. That form is set out in Schedule H to these Supplemental Rules.
- The Complainant shall pay to the Centre an initial fixed fee for the administrative proceeding.
- The initial fixed fee is to be paid in accordance with Schedule B of these Supplemental Rules.
- Other provisions relating to fees, including any refund, are specified in Schedule B to these Supplemental Rules.
- WORD LIMITS
The word limit for the description of the grounds on which the Complaint is made pursuant to UDRP Rule 3(b) (ix) is 5,000 words.
The word limit for the portion of the Response responding to the statements and allegations in the Complaint and including the basis for the Respondent to retain registration and use of the disputed domain names pursuant to UDRP Rule 5(c) (i) is 5,000 words.
Panel decisions and dissenting opinions
With respect to panel decisions and dissenting opinions there shall be no word limit.
- FILE SIZE AND FORMATS
The file size and format modalities pursuant to UDRP Rule 3(b) with respect to a Complaint are as follows:
- Complainants must file submissions as attachments to an email.
- Emails (including attachments) may not exceed 10MB each. Larger files may be split and sent with multiple emails.
- A Complaint (including the Annexes) may not exceed 50MB, other than by express and prior agreement with the Centre.
The file size and format modalities pursuant to UDRP Rule 5(c)(i) with respect to a Response are as follows:
- Respondents must file submissions as attachments to an email.
- Emails (including attachments) may not exceed 10MB each. Larger files may be split and sent with multiple emails.
- A Response (including the Annexes) may not exceed 50MB, other than by express and prior agreement with the Centre.
- AMENDMENT OF THE SUPPLEMENTAL RULES
Subject to the Policy and UDRP Rules, the Centre may amend any provision in these Supplemental Rules in its discretion.
- EXCLUSION OF LIABILITY
Except in the case of deliberate wrongdoing, neither a Panelist, a Panel, nor the Centre are liable to a party, a Registrar or ICANN for any act or omission in connection with an administrative proceeding.