ENG  
Home About ADNDRC UDRP URS TM-PDDRP TDRP Other DRPs Contact Us
 
 
 
Print this page  
FREQUENTLY ASKED QUESTIONS (FAQ)

To which disputes does the Uniform Domain Name Dispute Resolution Policy (UDRP) apply?

Answer: The Uniform Domain Name Dispute Resolution Policy (UDRP) has been adopted by ICANN-accredited registrars in all gTLDs (.aero, .asia, .biz, .cat, .com, .coop, .info, .jobs, .mobi, .museum, .name, .net, .org, .pro, .tel, .travel and .tv). Dispute proceedings arising from alleged abusive registrations of domain names (for example, cybersquatting) may be initiated by a holder of trademark rights. The UDRP is a policy between a registrar and its customer and is included in registration agreements for all ICANN-accredited registrars.

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

Answer: Under the Uniform Domain Name Dispute Resolution Policy (UDRP) the action to be taken is to commence an administrative proceeding by filing a Complaint with a domain name 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 Uniform Domain Name Dispute Resolution Policy, its related Rules of Procedure and the Supplemental Rules of the domain name dispute provider, such as the Asian Domain Name Dispute Resoltion Centre.(ADNDRC).

Back to Top

Who is entitled to commence an administrative proceeding under the Uniform Domain Name Dispute Resolution Policy and its related Rules of Procedure?

Answer: Any person or company is entitled to commence such a proceeding.

On what grounds can an administrative proceeding in regard to a dispute in connection with a registered gTLD domain name be based?

Answer: Paragraph 4(a) Uniform Domain Name Dispute Resolution Policy (UDRP) states that the Complainant commencing an administrative proceeding in connection with a registered gTLD domain name must prove the following:-

  1. the gTLD domain name in question is identical or confusingly similar to a trademark or service mark to which the Complainant has rights; and

  2. the person or company who is the registered holder of the gTLD domain name in question has no rights or legitimate interests in respect of the domain name; and

  3. the registered gTLD domain name in question has been registered and is being used in bad faith.

It should be noted that in order to succeed in an arbitration proceeding under the Uniform Domain Name Dispute Resolution Policy (UDRP), it is necessary for the Complainant to prove that all three (3) elements are present.

Back to Top

What constitutes "bad faith" in connection with the registration and use of a registered gTLD domain name?

Answer: Paragraph 4(b) of the Uniform Domain Name Dispute Resolution Policy (UDRP), gives the following as examples of evidence of the presence of bad faith, it being important to note that these are examples and are indicative only and are not limitative:-

  1. circumstances indicating that the person or company who or which registered or acquired the .gTLD domain name in question did so primarily for the purpose of selling, renting or otherwise transferring the domain name to the Complainant who is the owner of the relevant trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of the registrant's documented out-of-pocket costs directly related to the domain name involved; or

  2. the registrant registered the gTLD domain name in question in order to prevent the owner of the relevant trademark or service mark from reflecting the mark in a corresponding domain name, provided that the registrant has engaged in a pattern of such conduct; or

  3. the registrant registered the gTLD domain name in question primarily for the purpose of disrupting the business of a competitor; or

  4. by using the gTLD domain name in question, the registrant intentionally attempted to attract, for commercial gain, Internet users to the registrant's web site or other on-line location, by creating the likelihood of confusion with the Complainant's mark as the source, sponsorship, affiliation, or endorsement of the registrant's web site or location or of a product or service on the registrant's web site or location.

    The final decision as to whether bad faith is present or not is left to the determination of the Panel dealing with the administrative proceeding in question.

Back to Top

What is the role of the Asian Domain Name Dispute Resolution Centre (ADNDRC) in the dispute resolution process regarding gTLD domain names?

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 four (4) dispute resolution providers in the world and the only one in Asia for disputes involving gTLD domain names. As such, the ADNDRC, through one of its four offices (Beijing, Hong Kong, Kuala Lumpur or Seoul) administers the administrative proceedings brought under the Uniform Domain Name Dispute Resolution Policy (UDRP) in accordance with the Uniform Domain Name Dispute Resolution Policy Rules of Procedure and the ADNDRC's own Domain Name Dispute Supplemental Rules.

What are the steps in the administrative proceeding process in regard to a dispute involving a gTLD domain name?

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

  1. The Complainant files a Complaint with the one of the four offices (Beijing, Hong Kong, Kuala Lumpur or Seoul, at the choice of the Complainant), of the Asian Domain Name Dispute Resolution Centre (ADNDRC);

  2. The relevant office of the ADNDRC notifies the registered holder of the gTLD domain name in question of the Complaint and sends a copy of the Complaint to the registered holder;

  3. the registered holder of the gTLD domain name in question 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 disputed gTLD domain name 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 that the gTLD domain name in question be cancelled or transferred, the Decision is implemented.

    Also see the Flow chart of Proceedings.

Back to Top

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 Complaint is duly filed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) until the Parties and the relevant Registrar are notified of the Decision of the Panel conducting the administrative proceedings.

What is the language of a gTLD administrative proceeding?

Answer: Paragraph 11 of the Uniform Domain Name Dispute Resolution Policy Rules of Procedure states that unless otherwise agreed between the Parties, or otherwise specified in the Registration Agreement, the language of the administrative proceedings shall be the language of the Registration Agreement, subject always to the authority of the Panel conducting the administrative proceeding to determine otherwise, having regard to all the circumstances of the administrative proceeding in question. In addition, a Panel conducting an administrative proceeding may order that any documents submitted in a language other than the language of the administrative proceeding shall be accompanied by a translation in whole or in part into the language of the administrative proceeding.

Back to Top

How much does an administrative proceeding in regard to a disputed gTLD domain name cost?

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

According to Article 15 of the ADNDRC's Domain Name Dispute Supplemental Rules, the fees are as follows:

Number of
Domain Name involved
in the Complaint
Fee for Panelists ADNDRC's Administrative Fee Total Fees
Single Panelist Three
Panelists
Single Panelist Three Panelists
1 to 2 domain names US$700
Presiding Panelist: US$1,000
Each Co-Panelist: US$600
US$600 US$1,300 US$2,800
3 to 5 domain names US$900
Presiding Panelist: US$1,200
Each Co-Panelist: US$700
US$700 US$1,600 US$3,300
6 to 9 domain names US$1,100
Presiding Panelist: US$1,400
Each Co-Panelist: US$800
US$800 US$1,900 US$3,800
10 domain names or more (to be determined by the relevant office of the ADNDRC )

If there are any deficiencies in the Complaint an additional US$150 shall be paid by the Complainant. Normally, the Complainant is responsible for paying all the fees, unless the Respondent (i.e. the holder of the gTLD domain name which is in dispute) chooses to have the administrative proceeding conducted by a Panel of three (3) Panelists whereas the Complainant has chosen to have the Complaint decided by one (1) Panelist, in which case the fees are to be shared equally between the Parties.

It should also be noted, that according to Paragraph 19(d) Uniform Domain Name Dispute Resolution Policy Rules of Procedure in the exceptional circumstances that an in-person hearing is required, there will be additional fees to be paid which amount will be established by the ADNDRC in agreement with the Parties and the Panel.

The fees referred to above do not include any payments that a Party might have to pay to a lawyer or other representative representing such Party, which is a matter entirely for such Party.

Back to Top

How are fees in regard to a gTLD administrative proceeding to be paid?

Answer: According to Article 15(3) of the Asian Domain Name Dispute Resolution Centre's (ADNDRC) Domain Name Dispute Supplemental Rules, fees which are to be paid to the relevant Office of the ADNDRC free of any bank charges, transfer fees or any withholdings, in United States Dollars (US$) only, by way of draft. Drafts which are to be paid to the Beijing Office of the the ADNDRC are to be made payable to "China International Economic and Trade Arbitration Commission, drafts which are to be paid to the Hong Kong Office of the ADNDRC are to be made payable to "Hong Kong International Arbitration Centre", drafts which are to be paid to the Kuala Lumpur Office of the ADNDRC are to be made payable to "Kuala Lumpur Regional Centre for Arbitration", and drafts which are to be paid to the Seoul Office of the ADNDRC are to be made payable to "Korean Internet address Dispute Resolution Committee"

Back to Top

Is it necessary for a Party to be represented by a lawyer in a gTLD domain name 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.

Can a Complaint include more than one disputed gTLD domain name?

Answer: Yes. According to Paragraph 3(c) of the Uniform Domain Name Dispute Resolution Policy Rules of Procedure a Complaint may relate to more than one domain name, provided that the domain names in question are registered by the same domain name holder. Also please note that Paragrapgh 4(f) of the Uniform Domain Name Dispute Resolution Policy (UDRP) provides that in the event of multiple disputes between a domain name holder and a Complainant, either Party may petition the first Panel to hear a pending dispute between the Parties, to consolidate the disputes before a single Panel.In such event the Panel, in its sole discretion, may consolidate any or all of the disputes in question before it, provided that the disputes being consolidated are governed by the UDRP.

Back to Top

Is the Registrar of the disputed gTLD domain name to be involved in administrative proceeding involving a gTLD domain name?

Answer: No. According to Paragraphs 4(h) and 6 of the Uniform Domain Name Dispute Resolution Policy (UDRP), the relevant Registrar will not participate in the administration or conduct of an administrative proceeding in respect of a gTLD domain name, and neither will the relevant Registrar be liable as a result of a Decision rendered by a Panel which has conducted an administrative proceeding. The relevant Registrar is not to be named as a party or otherwise in any administrative proceeding.

The foregoing having been said, the relevant Registrar of course will implement a Decision of a Panel which after conducting an administrative proceeding calls for the cancellation or the transfer of a domain name which was in dispute.

If a Complainant duly commences an administrative proceeding regarding a gTLD domain name, can the Complainant still go to courts in connection with the disputed gTLD domain name?

Answer: Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy (UDRP) states that the administrative proceedings called for under the UDRP shall not prevent either a Complainant or a domain name holder from submitting the dispute to a court of competent jurisdiction before the administrative proceeding is commenced or after the administrative proceeding is concluded. According to Paragraph 18 (b) of the Uniform Domain Name Dispute Resolution Rules of Procedure in the event that a Party initiates any legal proceeding during the pendency of an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, such Party shall promptly notify the Panel and the relevant Office of the ADNDRC. Paragraph 18 (a) of the Uniform Domain Name Dispute Resolution Rules of Procedure states that in the event that any legal proceeding is initiated prior to or during an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, the Panel appointed to deal with the administrative proceeding in question shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to continue to a Decision.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait ten (10) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the relevant Office of the ADNDRC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) business day period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted in accordance with Paragraph 3(b)(xiii) of the Uniform Domain Name Dispute Resolution Rules of Procedure. If the Registrar receives such documentation within the said ten (10) business day period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

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

Answer: Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy (UDRP) states that the administrative proceedings called for under the UDRP shall not prevent either a Complainant 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. According to Paragraph 18 (b) of the Uniform Domain Name Dispute Resolution Rules of Procedure in the event that a Party initiates any legal proceeding during the pendency of an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, such Party shall promptly notify the Panel and the relevant Office of the ADNDRC. Paragraph 18 (a) of the Uniform Domain Name Dispute Resolution Rules of Procedure states that in the event that any legal proceeding is initiated prior to or during an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, the Panel appointed to deal with the administrative proceeding in question shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to continue to a Decision.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait ten (10) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the relevant Office of the ADNDRC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) business day period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted in accordance with Paragraph 3(b)(xiii) of the Uniform Domain Name Dispute Resolution Rules of Procedure. If the Registrar receives such documentation within the said ten (10) business day period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

Back to Top

Where can I obtain information about who is the registered holder of a gTLD domain name?

Answer: Information on registered gTLD domain name holders can be obtained by clicking on WHOIS on the Internet Corporation for Assigned Names and Numbers (ICANN)'s website at www.internic.net/whois.html.

What happens if a Complaint in respect of a gTLD domain name is filed and it is determined by the Asian Domain Name Dispute Resolution Centre (ADNDRC) to be deficient when the ADNDRC undertakes its Compliance Review?

Answer: According to Article 7 of the ADNDRC Domain Name Dispute Supplemental Rules, if the relevant Office of the ADNDRC determines that there are deficiencies in the Complaint, such Office of the ADNDRC shall notify the Complainant of such deficiencies and the Complainant shall remedy such deficiencies within five (5) calendar days. As well, according to Article 15(2) of the ADNDRC's Domain Name Dispute Supplemental Rules the Complainant must pay to the HKIAC at the time the Complainant submits the correction of the deficiencies an additional fee of US$150.

Back to Top

Is it necessary for a Party against whom a Complaint in respect of a gTLD domain name has been filed with the Asian Domain Name Dispute Resolution Centre (ADNDRC) to respond?

Answer: Yes. Under the terms of the Registration Agreement between the Registrar and the registered holder of a gTLD domain name, the latter agreed to participate in any administrative proceeding commenced in respect of the gTLD domain name in question.

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

Answer: According to Paragraph 5 of the Uniform Domain Name Dispute Resolution Policy Rules of Procedure and Article 6 of the Asian Dispute Resolution Centre's Domain Name Dispute Supplemental Rules, a Party who is the registered holder of a gTLD domain name against whom a Complaint is filed with the relevant Office of the Asian Domain Name Dispute Resolution Centre (ADNDRC) must respond within twenty (20) calendar days of the date the relevant Office of the ADNDRC transmits the Complaint to such Party. In the event that such person, otherwise known as the Respondent, does not file a Response (including the payment of any relevant fees) within the said twenty (20) calendar days, the Respondent will be considered to be in default and the relevant Office of the ADNDRC will proceed to appoint the Panel which will conduct the administrative proceeding for the case informing the Panel of the Respondent's default. The Panel will proceed to decide the case based on the information available to it and the Panel may draw such inferences as it deems appropriate from the Respondent's failure to file a Response in a timely manner.

Back to Top

How is a Panel for an administrative proceeding in respect of a gTLD domain name dispute established?

Answer: The Panels which conduct gTLD domain name 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 gTLD domain names. The ADNDRC selects the Panelists to sit on a Uniform Domain Name 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), any stipulations in the relevant Registration Agreement and any suggestions made by the Parties themselves in accordance with Paragraph 6 of the Uniform Dispute Resolution Policy Rules of Procedure and if, appropriate Paragraph 8 of the ADNDRC's Domain Name Dispute Supplemental Rules.

A Panel to conduct a gTLD domain name 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.

Back to Top

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 15 (b) of the Uniform Domain Name Dispute Resolution Policy Rules of Procedure, 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 Complaint within fourteen (14) 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 Registrar of the gTLD which was the object of the administrative proceeding within three (3) calendar days of the receipt by the relevant Office of the ADNDRC of the Decision.

Back to Top

What kind of Decision can a Panel make in a gTLD domain name administrative proceeding?

Answer: A Decision by a Panel conducting a gTLD domain name dispute administrative proceeding must be in writing. The kind of Decisions a Panel conducting a gTLD domain name dispute may render are limited. That is, a Panel might decide in one of two ways - (a) that the Complaint is not justified, in which case the existing registered gTLD domain name holder shall be entitled to retain the gTLD domain name in question; or (b) the Panel may decide that the Complaint is justified in which case the Panel will order that the domain name in dispute should be cancelled or transferred to the Party which brought the Complaint.

It should be noted that if a Panel, which conducts a gTLD domain name dispute administrative proceeding finds that a Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding, the Panel is required to state in its Decision that this was the case.

A Panel may not make money awards nor awards relating to costs, including without limitation, lawyer's fees and costs.

Back to Top

Is it possible to challenge a Decision in respect of a gTLD domain name made by a Panel pursuant to an administrative proceeding?

Answer: Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy (UDRP) states that the administrative proceedings called for under the UDRP shall not prevent either a Complainant 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. Moreover, if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait ten (10) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the relevant Office of the ADNDRC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) business day period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted in accordance with Paragraph 3(b)(xiii) of the Uniform Domain Name Dispute Resolution Rules of Procedure. If the Registrar receives such documentation within the said ten (10) business day period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

How is a Decision of a Panel in respect of a gTLD domain name administrative proceeding carried out?

Answer: Paragraph 4(k) of the Uniform Domain Name Dispute Resolution Policy states that if a Panel which conducts a gTLD domain name dispute administrative proceeding decides that a gTLD domain name registration should be cancelled or transferred, the Registrar will wait ten (10) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the relevant Office of the ADNDRC of the Panel's Decision before implementing the Decision. The Registrar of the domain name in question will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) business day period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction to which the Complainant has submitted in accordance with Paragraph 3(b)(xiii) of the Uniform Domain Name Dispute Resolution Rules of Procedure. If the Registrar receives such documentation within the said ten (10) business day period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

 
   
 
Back to Top
 
 
 
 
 
   
  Terms and Conditions Privacy Policy Disclaimer  
  Copyrights © 2016 Asian Domain Name Dispute Resolution Centre. All rights reserved
Designed by ELUTION