FAQ's

1. To which disputes does the Registrar Transfer Dispute Resolution Policy (TDRP) apply?
2. What kind of action can be taken if one wishes to file a Complaint regarding a registered gTLD domain name?
3. Who is entitled to commence an administrative proceeding under the Registrar Transfer Dispute Resolution Policy?
4. What kind of evidence shall be provided by the Filing Registrar?
5. What is the role of the Asian Domain Name Dispute Resolution Centre (ADNDRC) in the dispute resolution process regarding registrar transfer?
6. What are the steps in the administrative proceeding process in regard to a dispute involving registrar transfer?
7. How long should a gTLD adminitrative proceeding take?
8. What is the language of a TDRP administrative proceeding?
9. How much does an administrative proceeding in regard to a registrar transfer dispute cost?
10. Is it necessary for a Party to be represented by a lawyer in registrar transfer dispute administrative proceeding?
11. Can a Request for Enforcement / an Appeal include more than one domain name?
12. If a Filing Registrar / Appellant duly commences an administrative proceeding regarding registrar transfer dispute, can the Filing Registrar / Appellant still go to courts in connection with the registrar transfer dispute dispute?
13. Will a Party against whom an administrative proceeding in regard to a TDRP is filed have recourse to the courts?
14. What happens if a Response is not filed on time or at all?
15. How is a Panel for an administrative proceeding in respect of registrar transfer dispute?
16. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?
17. What kind of Decision can a Panel make in TDRP administrative proceeding?
18. Is it possible to challenge a Decision in respect of registrar transfer dispute made by a Panel pursuant to an administrative proceeding?

1. To which disputes does the Registrar Transfer Dispute Resolution Policy (TDRP) apply?

Answer: In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.

The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.

2. What kind of action can be taken if one wishes to file a Complaint regarding a registered gTLD domain name?

Answer: Under the Registrar Transfer Dispute Resolution Policy (TDRP) the action to be taken is to commence an administrative proceeding by filing a Request for Enforcement or an Appeal with a registrar transfer dispute provider appointed by the Internet Corporation for Assigned Names and Numbers (ICANN), such as the Asian Domain Name Dispute Resolution Centre (ADNDRC) in accordance with the Registrar Transfer Dispute Resolution Policy and the Supplemental Rules of the registrar transfer dispute provider, such as the Asian Domain Name Dispute Resoltion Centre.(ADNDRC).

3. Who is entitled to commence an administrative proceeding under the Registrar Transfer Dispute Resolution Policy?

Answer: Dispute between registrars over alleged violations of the transfer policy may be initiated by any ICANN-accredited registrar.

4. What kind of evidence shall be provided by the Filing Registrar?

Answer:

1. For the Gaining Registrar:
   
1. Completed Form of Authorization ("FOA")
2. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts
3. Copy of evidence of identity used
4. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer
5. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record
   
2. For the Registrar of Record:
   
1. Completed FOA from Registrar of Record if applicable
2. Copy of the Whois output for the date the transfer was initiated
3. Relevant history of Whois modifications made to the applicable registration
4. Evidence of one of the following if a transfer was denied:
• fraud;
• UDRP action;
• court order;
• Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
• applicable payment dispute along with evidence that the registration was put on HOLD status;
• express written objection from the Registered Name Holder or Administrative Contact;
• LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
• domain name within 60 days of initial registration; or
• domain name within 60 days of a prior transfer.
  
5. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.

5. What is the role of the Asian Domain Name Dispute Resolution Centre (ADNDRC) in the dispute resolution process regarding registrar transfer?

Answer: The Asian Domain Name Dispute Resolution Centre (ADNDRC) has been appointed by the Internet Corporation for Assigned Names and Numbers (ICANN) as one of two (2) dispute resolution providers in the world and the only one in Asia for disputes involving registrar transfer. As such, the ADNDRC, through one of its two offices (Beijing or Hong Kong) administers the administrative proceedings brought under the Registrar Transfer Dispute Resolution Policy (TDRP) in accordance with the ADNDRC's own Registrar Transfer Dispute Supplemental Rules.

6-1. What are the steps in the administrative proceeding process a Request for enforcement?

Answer: Generally speaking, the steps are as follows:-

1. The Filing Registrar files a Request for Enforcement with the one of the two offices (either Hong Kong or Beijing, at the choice of the Filing Registrar, of the Asian Domain Name Dispute Resolution Centre (ADNDRC);
2. The relevant office of the ADNDRC notifies the Respondent of the Request for Enforcement and sends a copy of the Request for Enforcement to the Respondent;
3. The Respondent files a response;
4. the relevant office of the ADNDRC selects the Panel of one or three persons, as the case may be, which will conduct the administrative proceeding in respect of the dispute of registrar transfer and which will make a determination in regard to the dispute;
5. the Panel conducting the administrative proceeding renders its Decision;
6. if the Decision of the Panel conducting the administrative proceeding requires an approval of a Transfer or a denial of the transfer, the Decision is implemented.

Also see the Flow chart of Proceedings.

6-2. What are the steps in the administrative proceeding process an appeal?

Answer: Generally speaking, the steps are as follows:-

1. The Appellant files an appeal with the one of the two offices (either Hong Kong or Beijing, at the choice of the Appellant, of the Asian Domain Name Dispute Resolution Centre (ADNDRC);
2. The relevant office of the ADNDRC notifies the Appellee of the Appeal and sends a copy of the appeal to the Appellee;
3. The relevant Office of the ADNDRC request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal;
4. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request;
5. The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal;
6. if the Decision of the Panel conducting the administrative proceeding requires an approval of a Transfer or a denial of the transfer, the Decision is implemented.

Also see the Flow chart of Proceedings.

7. How long should a gTLD adminitrative proceeding take?

Answer: The administrative proceedings process should under normal circumstances take less than 60 days from the date a Request for Enforcement / an Appeal is duly filed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) until the Parties are notified of the Decision of the Panel conducting the administrative proceedings.

8. What is the language of a TDRP administrative proceeding?

Answer: In according to the Policy on Transfer of Registrations between Registrars, the language of the TDRP administrative proceeding should be in English.

9. How much does an administrative proceeding in regard to a registrar transfer dispute cost?

The cost of an administrative proceedings are set by the registrar transfer dispute resolution provider in consultation with the Internet Corporation for Assigned Names and Numbers (ICANN).

According to Article 14 of the ADNDRC's Registrar Transfer Dispute Supplemental Rules, the fees are as follows:

1. If any amendments are required due to deficiencies in the Request for Enforcement and the Appeal (Form Fil and Form App), an additional charge of US$150 shall accompany any resubmission.
2. Fees to be paid to the relevant Office of the Centre in accordance with the Supplemental Rules shall be paid by draft made payable to "China International Economic and Trade Arbitration Commission" in the event the proceedings are to be administered by the Centre's Beijing Office, or "Hong Kong International Arbitration Centre" in the event the proceedings are to be administered by the Centre's Hong Kong Office. All fees to be paid are in US Dollars.
3. The Filing Registrar or the Appellant shall be responsible for paying the total fees within three (3) days of submitting the Request for Enforcement or an Appeal to our centre. The said fees are at the disposal of the relevant Office of the Centre in compliance with Paragraph 4.4.2 and 4.4.3 of the Policy.
4. If Filing Registrar or the Appellant has elected to have the dispute decided by a single-member Panel and Respondent elects a three-member Panel, Respondent or the Appellee shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel
5. The said fees do not include any payments that might have to be made to a lawyer representing a Party.
6. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the relevant Office of the Centre shall be the responsibility of the Party making the payment.
7. The Registrar that loses the dispute resolution process will bear the costs of the dispute resolution process in addition to any other costs as defined by the Registry.

10. Is it necessary for a Party to be represented by a lawyer in registrar transfer dispute administrative proceeding?

Answer: No, it is not required, although a Party might well find it useful to engage the services of a legal advisor for the purpose. A Party may represent itself or be represented by any person such Party may choose.

11. Can a Request for Enforcement / an Appeal include more than one domain name?

Answer: Yes. According to Paragraph 3.1 3 of the Registrar Transfer Dispute Resolution Policy the Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.

According to Paragraph 4.3.5 of the Registrar Transfer Dispute Resolution Policy the Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute

12. If a Filing Registrar / Appellant duly commences an administrative proceeding regarding registrar transfer dispute, can the Filing Registrar / Appellant still go to courts in connection with the registrar transfer dispute?

Answer: Paragraph 4.5 of the Registrar Transfer Dispute Resolution Policy (TDRP) states that the administrative proceedings called for under the DTRP shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded.

13. Will a Party against whom an administrative proceeding in regard to a TDRP is filed have recourse to the courts?

Answer: Paragraph 4(k) of the Registrar Transfer Dispute Resolution Policy (TDRP) states that the administrative proceedings called for under the UDRP shall not prevent either a Filing Registrar / Appellant or a domain name holder (the Respondent) from submitting the dispute to a court of competent jurisdiction before the administrative proceeding is commenced or after the administrative proceeding is concluded.

It should be noted that if a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.

14. What happens if a Response is not filed on time or at all?

Answer: According to Article 6 of the Asian Dispute Resolution Centre's Domain Name Dispute Supplemental Rules, if a Respondent does not submit a response, in the absence of exceptional circumstances, the appointed Panel of the relevant Office of the Centre shall decide the dispute based upon the Request for Enforcement.

15. How is a Panel for an administrative proceeding in respect of registrar transfer dispute?

Answer: The Panels which conduct Registrar Transfer disputes are composed of one (1) or three (3) Panelists, as the case may be. The Asian Domain Name Dispute Resolution Centre (ADNDRC) maintains a list of Panelists who the ADNDRC considers to be independent, reputable, knowledgeable, experienced, impartial and suited to undertake the task of deciding disputes in respect of registrar transfer. The ADNDRC selects the Panelists to sit on a Registrar Transfer Dispute Resolution Policy Panel on a case-by-case basis in light of the following criteria:- the nature of the dispute, the availability of the Panelist(s), the identity of the Parties, the independence and impartiality of the Panelist(s) and if, appropriate Paragraph 7 of the ADNDRC's Registrar Transfer Dispute Supplemental Rules.

A Panel to conduct registrar transfer dispute is appointed after the date on which a Response is duly filed or, if the Response, is not filed in a timely manner, after the last date the Response was supposed to have been filed. Prior to an appointment, a proposed Panelist must declare in writing to the Parties and the relevant Office of the ADNDRC any circumstances which could give rise to any justifiable doubt as to the Panelist's impartiality or independence or prevent a prompt resolution of the dispute in question. If, at any stage during an administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of a Panelist, the Panelist in question shall promptly disclose such circumstances to the relevant Office of the ADNDRC, in which event the relevant Office of the ADNDRC shall have the discretion to appoint a substitute Panelist. Unless the Parties otherwise agree, no person shall serve as a Panelist in a dispute in which that person has any interest which, if a Party knew of it, might lead the Party to think that the Panelist might not be impartial or independent.

16. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?

Answer: According to Paragraph 4.2.2 and Paragraph 4.3.8 of the Registrar Transfer Dispute Resolution Policy, in the absence of exceptional circumstances the Panel in question shall forward to the relevant Office of the Asian Domain Name Dispute Resolution Centre (ADNDRC) the Panel's Decision on a Request for Enforcement / an Appeal within fourteen (30) calendar days of the appointment of the Panel.

The relevant Office of the ADNDRC shall communicate the Decision of Panel to the Parties and the concerned Registry within three (3) calendar days of the receipt by the relevant Office of the ADNDRC of the Decision.

17. What kind of Decision can a Panel make in TDRP administrative proceeding?

Answer: A Decision by a Panel conducting a TDRP administrative proceeding must be in writing. The kind of Decisions a Panel conducting a registrar transfer dispute may render are limited. That is,

• Approval of a Transfer
• Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)

18. Is it possible to challenge a Decision in respect of registrar transfer dispute made by a Panel pursuant to an administrative proceeding?

Answer: Paragraph 4.5 of the Registrar Transfer Dispute Resolution Policy (TDRP) states that the procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.