Effective April 24, 2002, this version of the FORUM's usNDP Supplemental Rules governs the FORUM's administration of the usNDP.
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The FORUM's usNDP Supplemental Rules
The FORUM's usNDP Supplemental Rules
usNDP Supplemental Rules
- The Rules means the Rules for the usTLD Nexus Dispute Policy, as adopted by the U.S. Department of Commerce (DOC).
- The Policy means the usTLD Nexus Dispute Policy, approved by the DOC.
- The Forum means the National Arbitration Forum.
The Forum will apply the Rules, the Policy and the Forum's Supplemental Rules in effect at the time a Complaint is submitted. The Forum's Supplemental Rules may be amended by the Forum in its sole discretion.
All communications must be directed to the Forum and not to the Panel.
4. The Complaint
- The Complaint must include all elements listed in Paragraph 3(c) of the Rules and may not exceed ten (10) pages.
- The Complaint must be sent to the Forum by e-mail (firstname.lastname@example.org) or filed online (http://domains.adrforum.com). If any portion of the Complaint cannot be filed electronically, it must be submitted either by fax or by mail. Complaints submitted in accordance with this paragraph will be deemed to have satisfied the hard copy requirement set forth in Paragraph 3(b) of the Rules.
- In accordance with Paragraph 3(c)(ix) of the Rules, the Complainant must also send or transmit its Complaint to the Registrant.
5. Prima Facie Review
- The Forum will conduct a review of the Complaint as required under Paragraph 7(a) of the Rules.
- If the Forum determines that the Complainant failed to establish a prima facie case, it will issue a letter to the Complainant, with a copy to the Registrant, denying the challenge as required under Paragraph 7(b) of the Rules.
- If the Forum determines that the Complainant has established a prima facie case it will issue a letter to the Registrant detailing the challenge and requesting the Registrant to submit evidence of compliance with the Nexus Requirements in accordance with Paragraph 7(c) of the Rules
6. The Response
7. Submission of other Written Statements and Documents;
- The Response to the Forum's letter must include all elements listed in Paragraph 8 of the Rules and may not exceed ten (10) pages.
- The Response must be sent to the Forum by e-mail (email@example.com) or filed online (http://domains.adrforum.com). If any portion of the Response cannot be filed electronically, it must be submitted either by fax or by mail.
- In accordance with Paragraph 8(iv) of the Rules, the Registrant must also send or transmit its Response to the Complainant.
No Amendment to the Complaint or Response
- A party may submit additional written statements and documents to the Forum and the opposing party(s) within five (5) calendar days after the date the Response was submitted or the last date the Response was due to be submitted to the Forum, whichever occurs first.
- Each submission must:
- be timely received by the Forum;
- be accompanied by an additional submission fee of $250;
- include proof of service of these submissions upon the opposing party(s);
- be submitted in either hard copy or electronic form.
- The opposing party may respond, in hard copy or electronic form, to an additional submission filed in accordance with Supplemental Rule 7(a); such response must be submitted to the Forum and the opposing party(s) within five (5) calendar days after the date the additional submission was submitted.
- Additional submissions and responses to additional submissions may not amend the original Complaint or Response.
8. The Record of the Administrative Proceeding
The Complaint, Response, and additional written statements and documents provided in Paragraph 12 of the Rules and Paragraph 6 of these Supplemental Rules constitute the complete record to be considered by the Panel.
9. Appointment of the Panel
Upon receipt of a Response, the Forum will appoint a Panelist from its list of qualified neutrals. If no Response is received by the deadline, no Panel will be appointed and the Forum will issue a Nexus Failure Finding.
10. Impartiality and Independence
- All Forum Panelists will take an oath to be neutral and independent.
- A Panelist will be disqualified if circumstances exist that create a conflict of interest or cause the Panelist to be unfair and biased, including but not limited to the following:
- The Panelist has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;
- The Panelist has served as an attorney to any party or the Panelist has been associated with an attorney who has represented a party during that association;
- The Panelist, individually or as a fiduciary, or the Panelist's spouse or minor child residing in the Panelist's household, has a direct financial interest in a matter before the Panelist;
- The Panelist or the Panelist's spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
- Is a party to the proceeding, or an officer, director, or trustee of a Party; or
- Is acting as a lawyer or representative in the proceeding.
- A party may challenge the selection of a Panelist, provided that a decision has not already been communicated, by filing with the Forum a written request stating the circumstances and specific reasons for the disqualification.
- A request to challenge must be filed in writing with the Director of Arbitration within five (5) days of the date of receipt of the notice of the selection.
- Provided a decision has not already been communicated by the selected Panelist, the Forum will promptly review the challenge and determine whether circumstances exist requiring Panelist disqualification in accord with this rule.
11. Communications Between Parties and the Panel
- No party may directly communicate with a Panelist.
- The parties may communicate with the Case Coordinator assigned to their proceeding by phone, fax, e-mail, or mail through the United States Postal Service.
- Any request by a party for any type of action by the Forum or Panel must be communicated in writing to the Forum and the opposing party(s).
- Prior to Commencement
- Before the five (5) day deficiency period described in Rule 4(b) expires, the Complainant may withdraw the Complaint without prejudice. A withdrawal request must be submitted to the Forum in writing and signed by the Complainant.
- The Complainant may re-initiate the same proceeding within thirty (30) calendar days after a pre-commencement withdrawal. A re-initiation fee of $100 must accompany the request to re-initiate the proceeding.
- If the Complainant does not re-initiate the Complaint, at the end of thirty (30) calendar days the Complaint is withdrawn without prejudice and the administrative proceeding is terminated. Any subsequent Complaint will be treated as a new Complaint and must be accompanied by payment of the appropriate fees.
- After Commencement and Prior to Response: After commencement, but before the Forum has received a Response that complies with Supplemental Rule 6, the Complaint may be withdrawn without prejudice by the Complainant. A withdrawal request must be submitted to the Forum in writing and signed by the Complainant.
- After Response Received: After a Response that complies with Supplemental Rule 6 has been received by the Forum, but before a Panel decision is communicated, the Complaint may be withdrawn with prejudice if both parties agree to the withdrawal. A withdrawal request must be submitted to the Forum in writing and signed by both parties.
- The Complaint cannot be withdrawn after a Panel decision is communicated to the parties.
- If the Panelist determines that the Registrant satisfies the Nexus Requirements, a written finding will be communicated to all parties and the complaint will be terminated.
- If the Panelist determines that the Registrant failed to demonstrate that it satisfied the Nexus Requirements, the Panel will issue a Nexus Failure Finding.
14. Response to Nexus Failure Finding
- The Response to a Forum or Panelist issued Nexus Failure Finding must include the elements listed in Paragraph 9(d)(1) of the Rules and may not exceed ten (10) pages.
- The Response to the Nexus Failure Finding must be sent to the Forum by e-mail (firstname.lastname@example.org) or filed online (http://domains.adrforum.com). If any portion of the Response to the Nexus Failure Finding cannot be filed electronically, it must be submitted either by fax or by mail.
- If a Response is submitted to a Nexus Failure Finding issued as the result of the Registrant's failure to respond initially, the Forum will appoint a Panelist from its list of qualified neutrals.
- The Panel will review any Responses in accordance with the Rules.
- In the absence of a Response to the Nexus Failure Finding, the Forum will issue its own written finding.
15. Communication of Decision to Parties
- The Forum will communicate its own written findings or the Panel's decision to the parties and the Registrar as required by the Rules.
- The Forum will not publish Nexus Dispute Policy decisions publicly.
16. Fees (U.S. Dollars)
- Hearing Fees
Number of Disputed Domain Names
3 — 5
6 — 10
11 — 15
16 or more
To be determined in consultation with the Forum.
- Participatory hearings:
As stated in the Rules, in exceptional circumstances (for example, in the event an in-person hearing is held), the Forum may require the Parties to pay additional fees, which will be established by agreement of the Parties and the Director of Arbitration for the Forum prior to the appointment of the Panel.
- Non-Refundable Fees:
Fees to be paid to the Forum as provided in these Supplemental Rules must be paid in U.S. Dollars and are non-refundable.
17. Effective Date
These Supplemental Rules apply to all cases filed on or after April 24, 2002.
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