TDRP
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 basically two steps of which the registrar can elect any one or both. The two steps are discussed below:
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.
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.[5]
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