GR.com Domain Names Registry follows Centralnic's Rules for Dispute Resolution Policy
You can read the rules below or use the direct link to Centranic's page here :
https://www.centralnic.com/support/dispute/rules
Rules for CentralNic Dispute Resolution Policy<
("the Rules")
Administrative proceedings for the resolution of disputes under the CentralNic Dispute Resolution Policy shall be governed by these Rules.
1. Definitions
In these Rules:
Center means the World Intellectual Property Organization Arbitration and Mediation Center.
CentralNic means CentralNic Ltd, 35-39 Moorgate, London EC2R 6AR, United Kingdom.
CentralNic Mediation means a mediation concerning a Domain Name registration conducted by CentralNic in accordance with the CentralNic Mediation Rules.
Complainant means the party initiating a complaint under the Policy concerning a Domain Name registration.
Domain Name means any domain name registered under a sub-domain provided by CentralNic.
Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of CentralNic or (b) the Domain Name holder's address as shown for the registration of the Domain Name in CentralNic's Whois database at the time the complaint is submitted to the Center.
Panel means an administrative panel appointed by the Center to decide a complaint concerning a Domain Name registration.
Panelist means an individual appointed by the Center to be a member of a Panel.
Party means a Complainant or a Respondent.
Policy means the CentralNic Dispute Resolution Policy that is incorporated by reference and made a part of the Registration Agreement.
Registration Agreement means the agreement between a CentralNic and a Domain Name holder.
Respondent means the holder of a Domain Name registration against which a complaint is submitted.
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a registered Domain Name holder of a Domain Name.
2. Communications
(a) When notifying a complaint to the Respondent, it shall be the Center's responsibility to employ reasonably available means calculated to achieve actual notice to the Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
(b) Except as provided in Paragraph 2(a), any written communication to the Complainant or the Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or the Respondent, respectively (see Paragraphs 3(b)(iv) and 5(b)(iii)), or in the absence of such specification
(c) Subject to Paragraphs 3(b) and 5(b), except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Administrative Panel pursuant to these Rules, may be made:
(d) For the purposes of any communications by electronic mail to the Center, including those required under Paragraphs 3(b) and 5(b) of the Rules, the following address should be used: [email protected]
(e) When a paper submission is to be made to the Center by a Party, it shall be submitted in four (4) sets together with the original of such submission.
(f) The Center shall maintain an archive of all communications received or required to be made under the Rules.
(g) Communications shall be made in the language prescribed in Paragraph 11.
(h) Either Party may update its contact details by notifying the Center and CentralNic.
(i) Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:
(j) Except as otherwise provided in these Rules, all time periods calculated under these Rules shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(i).
(k) Any communication by
(l) It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.
(m) In the event a Party sending a communication receives notification of non-delivery of the communication, that Party shall promptly notify the Panel (or, if no Panel is yet appointed, the Center) of the circumstances of the notification.
3. The Complaint
(a) Any person or entity may submit to the Center a complaint in accordance with the Policy and these Rules provided that the Domain Name(s) that is/are the subject of the complaint has/have been the subject of a CentralNic Mediation between the same parties. If the Domain Name(s) has/have not been the subject of such Mediation, the Center shall take no further action on the complaint.
A copy of the complaint shall be sent to the Respondent and to CentralNic.
(b) The complaint shall be submitted in hard copy and in electronic form (except annexes not available in electronic form) and shall:
(c) The complaint may relate to more than one Domain Name, provided that the Domain Names are registered by the same Domain Name holder, and provided that the conditions in Paragraph 3(a) have been met.
4. Notification of Complaint
(a) The Center shall
If the complaint is found to be in compliance with the above requirements, the Center shall forward it (together with the Complaint Transmittal Coversheet as set out in Annex A hereto) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) business days (as observed at the Center's principal place of business) following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
(b) If the Center finds the complaint to be formally deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to the submission of a different complaint by the Complainant.
(c) The date of commencement of the administrative proceeding shall be the date on which the Center completes its responsibilities under Paragraph 2(a) in connection with forwarding the Complaint to the Respondent.
(d) The Center shall immediately notify the Complainant, the Respondent and CentralNic of the date of commencement of the administrative proceeding.
5. The Response
(a) Within twenty (20) calendar days of the date of commencement of the administrative proceeding the Respondent shall submit a response to the Center.
(b) The response shall be submitted in hard copy and in electronic form (except annexes not available in electronic form) and shall:
(c) If the Complainant has elected to have the dispute decided by a single-member Panel and the Respondent elects a three-member Panel, the Respondent shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in the Center's Schedule of Fees. This payment shall be made at the same time as the response is submitted to the Center. In the event that the required payment is not so made, the dispute shall be decided by a single-member Panel.
(d) At the request of the Respondent, the Center may, in exceptional cases, extend the period of time for the filing of the response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Center.
(e) If a Respondent does not submit a response, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.
6. Appointment of the Panel and Timing of Decision
(a) The Center shall maintain and publish a publicly available list of panelists and their qualifications.
(b) If neither the Complainant nor the Respondent has elected a three-member Panel (Paragraphs 3(b)(v) and 5(b)(iv)), the Center shall endeavor to appoint within five (5) business days (as observed at the Center's principal place of business) following receipt of the response by the Center or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single-member Panel shall be paid entirely by the Complainant.
(c) If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Center shall appoint three panelists in accordance with the procedures identified in this Paragraph. The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.
(d) Unless it has already elected a three-member Panel, the Complainant shall submit to the Center, within five (5) calendar days of communication of a response in which the Respondent elects a three-member Panel, the names and contact details of three candidates to serve as one of the panelists in the order of its preference (these candidates must be drawn from the Center's list of panelists).
(e) In the event that the Complainant has, in the complaint, elected to have the dispute decided by a three-member Panel, and the Respondent fails to submit a response pursuant to Paragraph 5, the Complainant may elect instead to have the dispute decided by a single-member Panel.
(f) In the event that either the Complainant or the Respondent elects a three-member Panel, the Center shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In appointing the Panelist, the Center shall, subject to availability, respect the order of preference indicated by a Party. In the event the Center is unable within five (5) business days (as observed at the Center's principal place of business) to secure the appointment of a Panelist from either Party's list of candidates, the Center may make that appointment from its list of panelists.
(g) The third Panelist, who shall be the Presiding Panelist, shall be appointed by the Center from a list of five (5) candidates submitted by the Center to the Parties. The Center's selection from among the five shall be made in a manner that reasonably balances the preferences of both Parties, or reflects their agreement, as they may specify to the Center within five (5) calendar days of the Center's submission of the five-candidate list to the Parties. Where a Party so fails to indicate its order of preference for the Presiding Panelist to the Center, the Center shall nevertheless proceed to appoint the Presiding Panelist.
(h) Where the Respondent does not submit a response or does not submit the payment as provided in Paragraph 5(c), the Center shall appoint the Panel as follows:
(i) Once the entire Panel is appointed, the Center shall notify the Parties of the panelists appointed and the date by which, absent exceptional circumstances, the Panel shall forward its decision on the complaint to the Center.
7. Impartiality and Independence
A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Center any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of the Panelist, that Panelist shall promptly disclose such circumstances to the Center. In such event, the Center shall have the discretion to appoint a substitute Panelist.
8. Communication Between Parties and the Panel
No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications by a Party to the Panel or to the Center shall be made to a case administrator appointed by the Center.
9. Transmission of the File to the Panel
The Center shall forward the file to the Panel as soon as the Panelist is appointed in the case of a Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Panel.
10. General Powers of the Panel
(a) The Panel shall conduct the administrative proceeding in such manner as it considers appropriate in accordance with the Policy and these Rules.
(b) In all cases, the Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
(c) The Panel shall ensure that the administrative proceeding takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules or by the Panel.
(d) The Panel shall determine the admissibility, relevance, materiality and weight of the evidence.
(e) A Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.
11. Language of Proceedings (a) Unless otherwise agreed by the Parties, the language of the administrative proceeding shall be English, subject to the authority of the Center or the Panel, as the case may be, to determine otherwise, having regard to the circumstances of the administrative proceeding.
(b) The Panel may order that any documents submitted in languages other than the language of the administrative proceeding be accompanied by a translation in whole or in part into the language of the administrative proceeding.
12. Further Statements
In addition to the complaint and the response, the Panel may request, in its sole discretion, further statements or documents from either of the Parties.
13. In-Person Hearings
There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the complaint.
14. Default
(a) In the event that a Party, in the absence of exceptional circumstances, does not comply with any of the time periods established by these Rules or the Panel, the Panel shall proceed to a decision on the complaint.
(b) If a Party, in the absence of exceptional circumstances, does not comply with any provision of, or requirement under, these Rules or any request from the Panel, the Panel shall draw such inferences therefrom as it considers appropriate.
15. Panel Decisions
(a) A Panel shall decide a complaint on the basis of the statements and documents submitted and in accordance with the Policy, these Rules and any rules and principles of law that it deems applicable.
(b) In the absence of exceptional circumstances, a single-member Panel shall forward its decision on the complaint to the Center within fourteen (14) calendar days of its appointment pursuant to Paragraph 6. In the absence of exceptional circumstances, a three-member Panel shall forward its decision on the complaint to the Center within twenty-one (21) calendar days of its appointment pursuant to Paragraph 6.
(c) In the case of a three-member Panel, the Panel's decision shall be made by a majority.
(d) The Panel's decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).
(e) There shall be no word limit on Panel decisions and dissenting opinions. Any dissenting opinion shall accompany the majority decision. If the Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Policy, it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith, for example in an attempt at Reverse Domain Name Hijacking or was brought primarily to harass the Domain Name holder, the Panel shall declare in its decision that the complaint was brought in bad faith and constitutes an abuse of the administrative proceeding.
16. Communication of Decision to Parties
(a) Within three (3) business days (as observed at the Center's principal place of business) after receiving the decision from the Panel, the Center shall communicate the full text of the decision to each Party and to CentralNic. In the event of a determination in favor of the Complainant, CentralNic shall immediately communicate to each Party the date for the implementation of the decision in accordance with the Policy and any action required by the Parties in connection therewith.
(b) Except if the Panel determines otherwise (see Paragraph 4(j) of the Policy), the Center shall publish the full decision on its publicly accessible web site. In any event, the portion of any decision determining a complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules) shall be published.
17. Settlement or Other Grounds for Termination
(a) If, during an administrative proceeding initiated pursuant to Paragraph 3, the Complainant notifies the Center or the Panel that the Parties have agreed on a settlement, the Center or the Panel, as the case may be, shall suspend or terminate the administrative proceeding.
(b) If it becomes unnecessary or impossible to continue the administrative proceeding for any other reason, the Center or the Panel, as the case may be, shall terminate the administrative proceeding, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Center or the Panel.
18. Effect of Court Proceedings
(a) In the event of any legal proceedings initiated prior to or during an administrative proceeding in respect of a Domain Name dispute that is the subject of the complaint, the Panel shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to proceed to a decision.
(b) In the event that a Party initiates any legal proceedings during the pendency of an administrative proceeding in respect of a Domain Name dispute that is the subject of the complaint, it shall promptly notify the Panel and the Center.
19. Fees
(a) The Complainant shall pay to the Center an initial fixed fee, as set out in the Center's Schedule of Fees, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, shall pay the Center one-half the fixed fee for a three-member Panel. See Paragraph 5(c). In all other cases, the Complainant shall bear all of the Center's fees, except as prescribed under Paragraph 19(d).
(b) The Center shall be under no obligation to take any action on a complaint until it has received from the Complainant the initial fee in accordance with Paragraph 19(a).
(c) If the Center has not received the fee within ten (10) calendar days of receiving the complaint, the Center shall have the discretion to terminate the administrative proceeding.
(d) In exceptional circumstances, for example in the event an in-person hearing is held, the Center shall request the Parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.
(e) If the administrative proceeding is terminated prior to the appointment of an administrative Panel, the Center may withhold a processing fee in the amount specified in the Schedule of Fees. If the administrative procedure is terminated after the appointment of an administrative Panel, the Center shall determine in its sole discretion whether any amount of the fee paid by either Party shall be refunded.
20. Exclusion of Liability
Except in the case of deliberate wrongdoing, neither the Center nor a Panelist shall be liable to a Party for any act or omission in connection with any administrative proceeding under these Rules.
21. Amendments
CentralNic reserves the right to modify these Rules at any time. CentralNic will post the revised Rules at at least thirty (30) calendar days before they become effective. The version of these Rules in effect at the time of the submission of the complaint to the Center shall apply to the administrative proceeding commenced thereby.
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