Difference between revisions of "TDRP"

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There are two steps to the TDRP process, of which a registrar can elect any one or both. The two steps are discussed below.
 
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)===
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====Dispute Resolution at the First Level (Registry)====
 
# Either the Gaining Registrar or the Registrar on Record may file for TDRP.
 
# Either the Gaining Registrar or the Registrar on Record may file for TDRP.
 
# 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.
 
# 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.
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====Dispute Procedures at the Second Level with a Dispute Resolution Provider====
 
====Dispute Procedures at the Second Level with a Dispute Resolution Provider====
  
<br/>
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'''Registry operator:''' This is the first level wherein the registrar can choose to file a dispute directly with the related registry operator. The decisions made by the registry operator are then appealed to a dispute resolution provider. The registrar can also file a dispute directly to the dispute resolution provider.
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<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm icann.org]</ref>
<br/>
 
'''Dispute Resolution Panel:''' This is the second level wherein the registrars appeal to the decisions made by the Registry at the first level to the dispute resolution panel. A registrar can also use this as the first level as per their wish. One thing to note is that the decision made by the dispute resolution panel is considered final provided if the Registrar doesn’t appeal the decision in court of competent jurisdiction.<ref name="link1">[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm icann.org]</ref>
 
  
 
== References ==
 
== References ==

Revision as of 00:17, 26 September 2011

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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 procedure 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

[6]

References