Transfer Dispute Resolution Policy

From ICANNWiki
Jump to navigation Jump to search

The Transfer Dispute Resolution Policy or TDRP, which was created on 12 November 2004, is a DRP for use between two registrars engaging in Inter-Registrar domain name transfers. Registrars are encouraged to try to solve the dispute between themselves before filing a TDRP, as the resolution fees can be substantial.[1] Registrars who wish to dispute alleged violations from the other registrars may initiate a dispute proceeding, either with an independent dispute resolution provider or a relevant registry operator. If a registry operator is chosen, the decision of this registry operator may be appealed by the registrars to an independent dispute resolution provider.[2] A decision made by an independent dispute resolution provider may not be appealed, except for in court.

There is a statute of limitations of six months on filing the procedure.[3]

ICANN has the authority to accredit independent as well as neutral dispute resolution providers based on certain criteria.[4]

The Transfer Dispute Resolution process

There are two steps to the TDRP process, of which a registrar can elect any one or both. The two steps are discussed below.

Dispute Resolution at the First Level (Registry)

  1. Either the Gaining Registrar or the Registrar on Record may file for TDRP.
  2. The Request for Enforcement must be submitted to the Registry and to the Non-Filing Registrar electronically. The request must include: the name, postal and email addresses, and telephone and fax numbers of the Filing Registrar and its representatives; the name of the Non-Filing Registrar and all contact information known to the Filing Registrar; the domain name(s) that is/are subject to the request; a description of the grounds on which the request is based; the requested remedy; and an identification of all other related legal proceedings that have been commenced.
  3. The Non-Filing Registrar will then have seven days to prepare a response, which must be submitted electronically to the Registry and the Filing Registrar. The response must include the following: a direct response to the allegations contained in the Request for Enforcement; the name, postal and email addresses, and telephone and fax numbers of the Non-Filing Registrar; the identification of any other related legal proceedings that have been commenced or terminated. Under special circumstances the submission deadline for the response may be extended by the Registry, but for no more than five days. If no response is submitted, the Registry shall make its decision based solely on the Request for Enforcement from the Filing Registrar.
  4. The Registry Operator then has 14 days to review all applicable documentation and come to a decision.
  5. Whoever loses the dispute is to pay the fee assessed to cover the process. If the Registry issues a finding of "no decision," the fee will be assessed to the Filing Registrar. In no case may the fee be passed onto the Registrant.
  6. The above procedures may not prevent a Registrar from submitted the dispute to court for independent resolution.[5]

Dispute Procedures at the Second Level with a Dispute Resolution Provider

  1. An independent Dispute Resolution Panel may be consulted in the case when a Filing Registrar elects to skip the First Level dispute process at the Registry level, when the Registrar who lost at the First Level wishes to appeal the Registry's decision, or when the First Level dispute processes results in "no decision."
  2. In the case that the First Level dispute process was not skipped, a Registrar has fourteen days following the Registry's decision to file an appeal with a Dispute Resolution Provider.
  3. The Request for Enforcement or Appeal for submission to the Dispute Resolution Provider requires the same information as listed above for the Request for Enforcement to the Registry.
  4. The Dispute Resolution Provider has 30 days to review all related documentation.
  5. The Filing Registrar/Appellant must pay a Filing Fee to the Dispute Resolution Provider. If the case that the Filing Registrar/Appellant wins the dispute, the Non-Filing Registrar/Appellee must cover the costs of the Filing Fee.
  6. The above procedures may not precent a Registrar from submitting the dispute to a court for independent resolution.[6]


External Links