DRAFT

WIPO RULES FOR ADMINISTRATIVE CHALLENGE PANEL PROCEDURES CONCERNING INTERNET DOMAIN NAMES

("WIPO ACP RULES")

CONTENTS

I. GENERAL PROVISIONS

Abbreviated Expressions
Scope of Application of Rules
Notices, Periods of Time
Representation
Exclusion of Liability

II. COMMENCEMENT OF CHALLENGE OR PETITION

Request for Challenge
Notifications by the Center Upon Submission of Challenge
Petition
Notifications by the Center Upon Submission of Petition
Request to Participate by a Person Other than a Party
Answer to the Request for Challenge
Response to Petition for Exception, Modification or Cancellation

III. COMPOSITION AND ESTABLISHMENT OF THE PANEL

Number of Members of the Panel
Appointment of Panel
Nationality of Sole or Presiding Member of the Panel
Communication Between Parties and Candidates for Appointment to the Panel
Impartiality and Independence
Availability, Acceptance and Notification
Objection to a Member of the Panel
Release from Appointment
Replacement of a Member of the Panel

IV. SUSPENSION OF REGISTRATION OF THE DOMAIN NAME

Challenges Submitted Within 30 Days of Notification of Registration
Requests for General Exclusion
Pro-Active Petitions for General Exclusion

V. CONDUCT OF THE PROCEEDINGS

Transmission of the File to the Panel
General Powers of the Panel
Decision on Participation of Persons Other than Parties
Language of Proceedings
Statement of Claim
Statement of Defense
Statement of Participant
Further Statements
Amendments to Claims or Defense
Communications Between Parties or Participants and Panel
Evidence
Hearings
Default
Closure of Proceedings
Waiver

VI. DETERMINATIONS AND OTHER DECISIONS

Principles Applicable to the Substance of the Dispute
Decision-Making
Form and Notification of Determinations
Time Period for Delivery of the Determination
Effect of Determination
Settlement or Other Grounds for Termination
Correction of the Determination

VII. APPEALS

Notice of Appeal
Notifications by the Center Upon Submission of Appeal
Appeal Panel
Appeal Proceedings
Decision

VIII. FEES AND COSTS

Administration Fees
Fees of the Panel
Deposits
Award of Costs of Proceedings
Award of Costs Incurred by a Party
Fees and Costs for Appeals

SCHEDULE OF CHARGES


I. GENERAL PROVISIONS

Abbreviated Expressions
Article 1

In these Rules:


Scope of Application of Rules
Article 2

Where a challenge is initiated to an SLD that has been registered in a CORE-gTLD, or a petition is filed for an exclusion, an exception from exclusion or a modification or cancellation of exclusion of an SLD in a CORE-gTLD, the challenge or the petition shall be decided in accordance with these Rules, as in effect on the date of the commencement of the challenge or the petition.


Notices, Periods of Time
Article 3

(a) Any communication that may or is required to be given under these Rules shall, except where otherwise provided in these Rules or where otherwise permitted by the Panel, be sent by electronic transmission through the Internet.

(b) For the purpose of determining the date of commencement of a time limit, a communication shall be deemed to have been received on the day after which it is transmitted.

(c) For the purpose of determining compliance with a time limit, a communication shall be deemed to have been sent if it is transmitted prior to or on the day of the expiration of the time limit.

(d) For the purpose of calculating a period of time under these Rules, if the last day of such period is an official holiday or a nonbusiness day at the residence or place of business of the addressee, the period is extended until the first business day which follows. Official holidays or nonbusiness days occurring during the running of the period of time are included in calculating the period.

(e) The Parties may agree to reduce or extend the periods of time referred to in Articles 13(a), 15(a), 18(c)(iii), 41(a) and 42(a).

(f) The Center may, at the request of a Party or on its own motion, extend the periods of time referred to in Articles 13(a), 15(a), 18(c)(iii), 66(d) and 68(d).


Representation
Article 4

(a) Any Party or any Participant may be represented or assisted by persons of its choice, irrespective of, in particular, nationality or professional qualifications.

(b) Each Party shall communicate the names, postal and e-mail addresses and telephone and telefax numbers of its representatives to the Center, any other Party to the challenge or petition and, after its establishment, the Panel.


Exclusion of Liability
Article 5

Except in respect of deliberate wrongdoing, any member of a Panel constituted under these Rules, WIPO and the Center shall not be liable to a Party for any act or omission in connection with any proceedings under these Rules.


II. COMMENCEMENT OF CHALLENGE OR PETITION

Request for Challenge
Article 6

(a) Any person may initiate a challenge of an SLD that has been registered in a CORE-gTLD by transmitting to the Center a Request for Challenge.

(b) The Request for Challenge shall contain:

(c) The Request for Challenge may relate to more than one SLD, provided that the SLDs that are the subject of the challenge are registered by the same person, are similar and are challenged on similar grounds.


Article 7

The Request for Challenge may also be accompanied by the Statement of Claim referred to in Article 41.


Notifications by the Center Upon Submission of Challenge
Article 8

(a) The Center shall allocate a Case Reference Number to the challenge and shall post a copy of the Request for Challenge on its web site under that Case Reference Number.

(b) The date of commencement of the challenge shall be the date on which the copy of the Request for Challenge is posted on the Center's web site.

(c) The Center shall at the same time transmit to the Respondent a copy of the Request for Challenge and shall inform both the Challenger and the Respondent of the date of the commencement of the challenge.


Petition
Article 9

(a) Any person may initiate a petition for an exclusion, an exception from exclusion or a modification or cancellation of exclusion of an SLD in a CORE-gTLD by transmitting the petition to the Center.

(b) The petition shall contain:

(c) A petition may relate to more than one SLD, provided that the SLDs are similar and that the grounds on which the petition is made in respect of each SLD are similar.


Article 10

The petition may also be accompanied by the Statement of Claim referred to in Article 41.


Notifications by the Center Upon Submission of Petition
Article 11

(a) The Center shall allocate a Case Reference Number to the petition and shall post a copy of the petition on its web site under that Case Reference Number.

(b) The date of commencement of the petition shall be the date on which the copy of the petition is posted on the Center's web site.

(c) Where an exception from exclusion or a modification or cancellation of exclusion is sought, the Center shall transmit to the Beneficiary of the Exclusion a copy of the petition and shall, at the same time, inform both the Petitioner and the Beneficiary of the Exclusion of the date of the commencement of the petition.


Request to Participate by a Person Other than a Party
Article 12

(a) Within 10 days of the commencement of a challenge or a petition, any person other than a Party may transmit to the Center a Request to Participate in the challenge or a petition.

(b) The Request to Participate shall contain:

(c) The Center shall post a copy of the Request to Participate on its web site and shall transmit a copy thereof to each Party.


Answer to the Request for Challenge
Article 13

(a) Within 10 days of the date of commencement of the challenge the Respondent shall submit to the Center an Answer to the Request for Challenge which shall contain comments on any of the elements in the Request for Challenge.

(b) The Center shall post a copy of the Answer to the Request for Challenge on its web site and shall transmit a copy thereof to the Challenger and to any person that has submitted a Request to Participate.


Article 14

If the Challenger has filed a Statement of Claim with the Request for Challenge pursuant to Article 7, the Answer to the Request for Challenge may also be accompanied by the Statement of Defense referred to in Article 42.


Response to Petition for Exception, Modification or Cancellation
Article 15

(a) Where an exception from exclusion or a modification or cancellation of exclusion is sought in a petition, the Beneficiary of the Exclusion shall, within 10 days of the commencement of the petition, submit to the Center a Response to the Petition which shall contain comments on any of the elements in the petition.

(b) The Center shall post a copy of the Response to the Petition on its web site and shall transmit a copy to the Petitioner and to any person that has submitted a Request to Participate.


Article 16

If the Petitioner has filed a Statement of Claim with the petition for exception from exclusion or for modification or cancellation of exclusion pursuant to Article 10, the Response to the Petition may be accompanied by the Statement of Defense referred to in Article 42.


III. COMPOSITION AND ESTABLISHMENT OF THE PANEL

Number of Members of the Panel
Article 17

(a) The Panel shall consist of a sole member.

(b) Notwithstanding paragraph (a), if the Parties so agree, the Panel shall be composed of three members.


Appointment of Panel
Article 18

(a) In the case of a pro-active petition for exclusion, the Panel shall be appointed by the Center.

(b) Subject to paragraph (a), where the Panel is to consist of a sole member, that member shall be appointed in accordance with paragraph (d).

(c) Subject to paragraph (a), where the Panel is to consist of three members, the Center shall appoint two members directly. Wherever possible, one such member shall have the same nationality as one of the Parties and the other such member shall have the same nationality as the other Party. The third member, who shall be the presiding member, shall be appointed in accordance with paragraph (d).

(d) The sole or presiding member shall be appointed in accordance with the following procedure:

(e) Notwithstanding the provisions of paragraph (c), the Center shall be authorized to appoint the sole or presiding member of the Panel if it determines in its discretion that the procedure described in that paragraph is not appropriate for the case.


Nationality of Sole or Presiding Member of the Panel
Article 19

Unless the Parties have the same nationality, the sole or presiding member of the panel shall, in the absence of special circumstances such as the need to appoint a person having particular qualifications, be a national of a country other than the countries of the Parties.


Communication Between Parties and Candidates for Appointment to the Panel
Article 20

No Party or anyone acting on its behalf shall have any ex parte communication with any candidate for appointment to the Panel except to discuss the candidate's qualifications, availability or independence in relation to the Parties.


Impartiality and Independence
Article 21

(a) Each member of the Panel shall be impartial and independent.

(b) Each prospective member of the Panel shall, before accepting appointment, disclose to the Parties, the Center and any other member of the Panel who has already been appointed any circumstances that might give rise to justifiable doubt as to the person's impartiality or independence, or confirm in writing that no such circumstances exist.

(c) If, at any stage during the proceedings, new circumstances arise that might give rise to justifiable doubt as to impartiality or independence of any member of the Panel, that member shall promptly disclose such circumstances to the Parties, the Center and the other members of the Panel.


Availability, Acceptance and Notification
Article 22

(a) Each member of the Panel shall, by accepting appointment, be deemed to have undertaken to make available sufficient time to enable the proceedings to be conducted and completed expeditiously.

(b) Each prospective member of the Panel shall communicate acceptance of appointment to the Center.

(c) The Center shall notify the Parties of the establishment of the Panel.


Objection to a Member of the Panel
Article 23

(a) A Party may present an objection to any member of the Panel if circumstances exist that give rise to justifiable doubt as to the member's impartiality or independence.

(b) A Party may present an objection to a member of the Panel in whose appointment it concurred only for reasons of which it becomes aware after the appointment has been made.


Article 24

A Party presenting an objection to a member of the Panel shall submit a notice to the Center, the Panel and the other Party, stating the reasons for the objection, within 10 days after being notified of that member's appointment or after becoming aware of the circumstances that it considers give rise to justifiable doubt as to that member's impartiality or independence.


Article 25

When an objection to a member of the Panel has been presented by a Party, the other Party shall have the right to respond to the objection and shall, if it exercises this right, submit, within 10 days after receipt of the notice referred to in Article 24, a copy of its response to the Center, the Party presenting the objection and the Panel.


Article 26

The Panel may, in its discretion, suspend or continue the proceedings during the pendency of the objection.


Article 27

The other Party may agree to the objection or the member may voluntarily withdraw. In either case, the member shall be replaced without any implication that the grounds for the objection are valid.


Article 28

If the other Party does not agree to the objection and the member subject to the objection does not withdraw, the decision on the objection shall be made by the Center in accordance with its internal procedures. Such a decision is of an administrative nature and shall be final. The Center shall not be required to state reasons for its decision.


Release from Appointment
Article 29

At the request of a member of the Panel, the member may be released from appointment either with the consent of the Parties or by the Center.


Article 30

Irrespective of any request by the member, the Parties may jointly release the member from appointment. The Parties shall promptly notify the Center of such release.


Article 31

At the request of a Party or on its own motion, the Center may release a member of the Panel from appointment if the member has become de jure or de facto unable to fulfill, or fails to fulfill, the duties of a member of the Panel. In such a case, the Parties shall be offered the opportunity to express their views thereon and the provisions of Articles 25 to 28 shall apply mutatis mutandis.


Replacement of a Member of the Panel
Article 32

(a) Whenever necessary, a substitute member of the Panel shall be appointed pursuant to the procedure provided for in Article 18 that was applicable to the appointment of the member being replaced.

(b) Pending the replacement, the proceedings shall be suspended, unless otherwise agreed by the Parties.


Article 33

Whenever a substitute member is appointed, the Panel shall, having regard to any observations of the Parties, determine in its sole discretion whether all or part of any prior hearings are to be repeated.


IV. SUSPENSION OF REGISTRATION OF THE DOMAIN NAME

Challenges Submitted Within 30 Days of Notification of Registration
Article 34

(a) Where a challenge is submitted within 30 days after the date of the publication on the Internet of the registration of an SLD, the registration of the SLD shall be suspended for the duration of the challenge, provided that the Challenger posts with the Center a bond the amount of which shall be as fixed in the Schedule of Charges applicable on the date on which the challenge is submitted. The Panel may, at the request of a Party or on its own initiative, vary the amount of the bond.

(b) The Center shall, upon receipt of a Request for Challenge submitted within the time period mentioned in paragraph (a) and upon the posting of the corresponding bond, notify CORE accordingly.

(c) The Panel may, at the request of the Respondent, cancel the suspension of the domain name if it considers that the maintenance of the suspension would be more harmful to the Respondent than the cancellation of the suspension would be to the Challenger.

(d) The Panel shall, either in its determination on any request by the Respondent to cancel the suspension of the domain name or in its final determination, decide the manner in which the bond should be discharged.


Requests for General Exclusion
Article 35

(a) Where a request for exclusion of an SLD from one or several gTLDs is included in a Request for Challenge, any registration of the SLD in respect of which the exclusion is requested shall be suspended for the duration of the challenge in the gTLDs from which the exclusion is sought.

(b) The Center shall, upon receipt of the Request for Challenge containing the request for exclusion, notify CORE accordingly.


Pro-Active Petitions for General Exclusion
Article 36

(a) Where a pro-active petition for exclusion of an SLD from one or several gTLDs is submitted, no application for registration of the SLD may be accepted in any such gTLD by a Registrar for the duration of the proceedings.

(b) The Center shall, upon receipt of a pro-active petition for exclusion, notify CORE accordingly.


V. CONDUCT OF THE PROCEEDINGS

Transmission of the File to the Panel
Article 37

The Center shall transmit the file to each member of the Panel as soon as the member is appointed.


General Powers of the Panel
Article 38

(a) Subject to these Rules, the Panel may conduct the proceedings in such manner as it considers appropriate.

(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 proceedings take 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, by itself or agreed to by the Parties. In urgent cases, such an extension may be granted by the presiding member alone.


Decision on Participation of Persons Other than Parties
Article 39

(a) As soon as possible after the transmission of the file to the Panel, the Panel shall decide whether any person that has submitted a Request to Participate may participate in the challenge or the petition in accordance with these Rules. The Panel shall notify the Center of its decision.

(b) The Center shall notify the person that has submitted the Request to Participate and the Parties of the decision of the Panel and shall post a copy of the decision on its web site.

(c) Any Party that has transmitted a Statement of Claim or Statement of Defense before being notified of a decision that a person may participate in the proceedings shall, within five days of receipt of notification of such decision, transmit a copy of the Statement to the Participant.


Language of Proceedings
Article 40

(a) Unless otherwise agreed by the Parties, the language of the proceedings shall be English, subject to the power of the Panel to determine otherwise, having regard to any observations of the Parties and the circumstances of the proceedings.

(b) The Panel may order that any documents submitted in languages other than the language of the proceedings be accompanied by a translation in whole or in part into the language of the proceedings.


Statement of Claim
Article 41

(a) Unless the Statement of Claim accompanied the Request for Challenge or the petition, the Challenger or the Petitioner shall, within 10 days after receipt of notification from the Center of the establishment of the Panel, communicate its Statement of Claim to the other Party, to the Panel and to any Participant.

(b) The Statement of Claim shall contain a comprehensive statement of the facts and legal arguments supporting the challenge or the petition, including a statement of the determination sought.

(c) To as large an extent as possible, the documentary evidence upon which the Challenger or Petitioner relies, together with a schedule of such documents, shall be transmitted at the same time as the Statement of Claim. Such documentary evidence may be sent by expedited postal or courier service. Where the documentary evidence is especially voluminous, the Challenger or Petitioner may add a reference to further documents it is prepared to submit.


Statement of Defense
Article 42

(a) The Respondent or any Beneficiary of the Exclusion shall, within 15 days after receipt of the Statement of Claim or within 15 days after receipt of notification from the Center of the establishment of the Panel, whichever occurs later, communicate its Statement of Defense to the other Party, to the Panel and to any Participant.

(b) The Statement of Defense shall reply to the particulars of the Statement of Claim required pursuant to Article 41(b). The corresponding documentary evidence described in Article 41(c) shall be transmitted at the same time as the Statement of Defense. Such documentary evidence may be sent by expedited postal or courier service.


Statement of Participant
Article 43

(a) Any Participant shall, within 15 days after receipt of the Statement of Claim, communicate its Statement of Participant to each Party and to the Panel.

(b) The Statement of Participant may set out any facts and legal arguments that the Participant considers pertinent to the determination of the issues raised in the Statement of Claim and shall, to as large an extent as possible, be accompanied by the documentary evidence on which the Participant relies.


Further Statements
Article 44

The Panel may, in its discretion, allow or require further statements.


Amendments to Claims or Defense
Article 45

Subject to any contrary agreement by the Parties, a Party may amend or supplement its claim or defense during the course of the proceedings, unless the Panel considers it inappropriate to allow such amendment having regard to its nature or the delay in making it and to the provisions of Article 38(b) and (c).


Communication Between Parties or Participants and Panel
Article 46

Except as otherwise provided in these Rules or permitted by the Panel, no Party or Participant or anyone acting on their behalf may have any ex parte communication with any member of the Panel with respect to any matter of substance relating to the challenge or petition, it being understood that nothing in this paragraph shall prohibit ex parte communications which concern matters of a purely organizational nature, such as the date or time of the hearings.


Evidence
Article 47

(a) The Panel shall determine the admissibility, relevance, materiality and weight of evidence.

(b) At any time during the proceedings, the Panel may, at the request of a Party or on its own motion, order a Party to transmit such documents or other evidence as it considers necessary or appropriate.


Hearings
Article 48

(a) For the purposes of this Article, "hearing" shall include a physical meeting, a telephone or video conference and the simultaneous, authenticated exchange of electronic communications on the same channel in a manner that enables all Parties authorized to use the channel to receive any communication sent and to send communications.

(b) The Panel may, at the request of a Party or on its own motion, hold a hearing. If no hearings are held, the proceedings shall be conducted on the basis of documents and other materials alone.

(c) In the event of a hearing, the Panel shall give the Parties adequate advance notice of the date, time and modality thereof.

(d) Unless the Parties agree otherwise, all hearings shall be in private.

(e) The Panel shall determine whether and, if so, in what form a record shall be made of any hearing.


Default
Article 49

(a) If the Challenger or the Petitioner, without showing good cause, fails to submit its Statement of Claim in accordance with Article 41, the Panel shall terminate the proceedings.

(b) If the Respondent or any Beneficiary of the Exclusion, without showing good cause, fails to submit its Statement of Defense in accordance with Article 42, the Panel shall, unless there are exceptional circumstances that the Panel considers, in its discretion, call for other action, nevertheless proceed with the challenge or petition and make its determination.

(c) The Panel may also proceed with the challenge or petition and make its determination if a Party, without showing good cause, fails to avail itself of the opportunity to present its case within the period of time determined by the Panel.

(d) If a Participant, without showing good cause, fails to submit its Statement of Participant in accordance with Article 43, the Panel shall nevertheless proceed with the challenge or petition and make its determination.

(e) If a Party, without showing good cause, fails to comply with any provision of, or requirement under, these Rules or any direction given by the Panel, the Panel may draw the inferences therefrom that it considers appropriate.


Closure of Proceedings
Article 50

(a) The Panel shall declare the proceedings closed when it is satisfied that the Parties have had adequate opportunity to present submissions and evidence.

(b) The Panel may, if it considers it necessary owing to exceptional circumstances, decide, on its own motion or upon application of a Party, to reopen the proceedings it declared to be closed at any time before the determination is made.


Waiver
Article 51

A Party which knows that any provision of, or requirement under, these Rules, or any direction given by the Panel, has not been complied with, and yet proceeds with the challenge or petition without promptly recording an objection to such noncompliance, shall be deemed to have waived its right to object.


VI. DETERMINATIONS AND OTHER DECISIONS

Principles Applicable to the Substance of the Dispute
Article 52

The Panel shall decide the substance of the challenge or petition in accordance with the Substantive Guidelines Concerning Administrative Domain Name Challenge Panels contained in Appendix D to the CORE-MoU. In all cases, the Panel shall decide having due regard to the determinations made by other Panels under these Rules.


Decision-Making
Article 53

(a) Unless the Parties have agreed otherwise, where there is more than one member of the Panel, any determination, order or other decision of the Panel shall be made by a majority. In the absence of a majority, the presiding member of the Panel shall make the determination, order or other decision as if acting as sole panelist.

(b) The Panel shall transmit to the Center a copy of each order or other decision that it makes.


Form and Notification of Determinations
Article 54

(a) The determination shall state the date on which it was made.

(b) The determination shall state the reasons on which it is based.

(c) The determination shall be signed digitally by the member or members of the Panel. Such signature of the determination by a majority of the members of the Panel, or, in the case of Article 53(a), second sentence, by the presiding member, shall be sufficient. Where a member fails so to sign, the determination shall state the reason for the absence of the signature.

(d) The Panel may consult the Center with regard to matters of form concerning the determination.

(e) The determination shall be communicated by the Panel to the Center. The Center shall communicate the determination to each Party and Participant and shall post a copy of the determination on its web site under the corresponding Case Reference Number, as well as transmit a copy of it to CORE.

(f) At the request of any Party, the Center shall provide it with a copy of the determination certified by it.


Time Period for Delivery of the Determination
Article 55

(a) The proceedings should, wherever reasonably possible, be declared closed within not more than 30 days after either the delivery of the Statement of Defense or the establishment of the Panel, whichever event occurs later. The final determination should, wherever reasonably possible, be made within 15 days after the closure of the proceedings.

(b) If the proceedings are not declared closed within the period of time specified in paragraph (a), the Panel shall transmit to the Center a status report, with a copy to each Party. It shall transmit a further status report to the Center, and a copy to each Party, at the end of each ensuing period of 15 days during which the proceedings have not been declared closed.

(c) If the determination is not made within 15 days after the closure of the proceedings, the Panel shall transmit to the Center a written explanation for the delay, with a copy to each Party. It shall transmit a further explanation, and a copy to each Party, at the end of each ensuing period of 15 days until the determination is made.


Effect of Determination
Article 56

(a) The Parties and CORE undertake to carry out the determination without delay.

(b) The determination shall be effective and binding on the Parties as from the date it is communicated by the Center pursuant to Article 54(e), second sentence.


Settlement or Other Grounds for Termination
Article 57

(a) If, before the determination is made, the Parties agree on a settlement, the Panel shall terminate the proceedings and, if requested jointly by the Parties, record the settlement in the form of a consent determination. The Panel shall not be obliged to give reasons for such a determination.

(b) If, before the determination is made, the continuation of the proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph (a), the Panel shall inform the Parties of its intention to terminate the proceedings. The Panel shall have the power to issue such an order terminating the proceedings, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel.

(c) The consent determination or the order for termination of the proceedings shall be digitally signed by the member or members of the Panel in accordance with Article 54(c) and shall be communicated by the Panel to the Center. The Center shall communicate the consent determination or the order for termination to each Party and shall post a copy of it on its web site under the corresponding Case Reference Number, as well as transmit a copy of it to CORE.


Correction of the Determination
Article 58

(a) Within 30 days after receipt of the determination, a Party may transmit to the Panel, with a copy to the Center and the other Party, a request that the Panel correct in the determination any clerical, typographical or computational errors. If the Panel considers the request to be justified, it shall make the correction within 30 days after receipt of the request. Any correction, which shall take the form of a separate memorandum, digitally signed by the Panel in accordance with Article 54(c), shall become part of the determination and shall be communicated as provided in Article 54(e).

(b) The Panel may correct any error of the type referred to in paragraph (a) on its own initiative within 30 days after the date of the determination.


VII. APPEALS

Notice of Appeal
Article 59

(a) Within 30 days after receipt of the determination, a Party may initiate an appeal against the determination by transmitting to the Center a Notice of Appeal.

(b) The Notice of Appeal shall contain:


Notifications by the Center Upon Submission of Appeal
Article 60

(a) The Center shall allocate an Appeal Reference Number to the appeal and shall post a copy of the Notice of Appeal on its web site under that Appeal Reference Number.

(b) The date of commencement of the appeal shall be the date on which the copy of the Notice of Appeal is posted on the Center's web site.

(c) The Center shall at the same time transmit to the other Party and any Participant a copy of the Notice of Appeal and shall inform each Party and any Participant of the date of commencement of the appeal.


Appeal Panel
Article 61

(a) The Appeal Panel shall be composed of three members.

(b) If the appeal concerns a determination made in respect of a pro-active petition for exclusion, the Appeal Panel shall be appointed by the Center. In all other cases, the members of the Appeal Panel shall be appointed pursuant to the procedure provided for in Article 18(c) and (d).

(c) Articles 19 to 33 shall apply mutatis mutandis to the Appeal Panel.


Appeal Proceedings
Article 62

(a) The Center shall transmit to each member of the Appeal Panel, as soon as the member is appointed, a copy of the Request for Challenge or petition and the Answer to the Request for Challenge or Response to Petition for Exception, Modification or Cancellation, as the case may be, that were submitted in relation to the challenge or petition in which the determination that is the subject of the appeal was made.

(b) The appellant shall, within 10 days after receipt of notification from the Center of the establishment of the Appeal Panel, communicate to the other Party, the Appeal Panel and any Participant a copy of all pleadings that were submitted by it in relation to the challenge or petition in which the determination that is the subject of the appeal was made, together with any supplementary observations on the appeal that it may wish to make.

(c) The other Party shall, within 10 days after receipt of the pleadings and any supplementary observations under paragraph (b), communicate to the appellant, the Appeal Panel and any Participant, all pleadings that were submitted by it in relation to the challenge or petition in which the determination that is the subject of the appeal was made, together with any supplementary observations on the appeal that it may wish to make.

(d) Any Participant shall, within 10 days after receipt of the pleadings and any supplementary observations under paragraph (b), communicate to the Parties and the Appeal Panel the Statement of Participant that was submitted by it in relation to the challenge or petition in which the determination that is the subject of the appeal was made, together with any supplementary observations on the appeal that it may wish to make.

(e) Articles 38, 46, 47, 49 and 51 shall apply mutatis mutandis to the appeal proceedings.


Decision
Article 63

Articles 52 to 54 and 56 to 58 shall apply mutatis mutandis to the decision of the Appeal Panel. The decision should, wherever reasonably possible, be made within 30 days after the receipt by the Appeal Panel of the pleadings and any supplementary observations under Article 62(c).


VIII. FEES AND COSTS

Administration Fees
Article 64

(a) The Request for Challenge or petition or any Request to Participate shall be subject to the payment to the Center of an administration fee. The amount of the corresponding administration fee shall be as fixed in the Schedule of Charges applicable on the date on which the Request for Challenge or petition or the Request to Participate is received by the Center.

(b) The administration fee shall not be refundable.

(c) No action shall be taken by the Center on a Request for Challenge or petition or a Request to Participate until the administration fee has been paid.

(d) If a Challenger or Petitioner or the person submitting the Request to Participate fails, within 15 days after a second reminder transmitted by the Center, to pay the corresponding administration fee, it shall be deemed to have withdrawn its Request for Challenge or petition or its Request to Participate, as the case may be.


Fees of the Panel
Article 65

The amount of the fees of the members of the Panel shall be as fixed in the Schedule of Charges applicable on the date on which the Request for Challenge or petition is received by the Center. The modalities and timing of the payment of the fees shall be determined by the Center.


Deposits
Article 66

(a) Upon receipt of notification from the Center of the establishment of the Panel, each Party shall deposit an equal amount as an advance for the costs of the proceedings referred to in Article 67. The amount of the deposit shall be determined by the Center.

(b) In the course of the proceedings, the Center may require that the Parties make supplementary deposits.

(c) If the required deposits are not paid in full within 30 days after receipt of the corresponding notification, the Center shall so inform the Parties in order that one or other of them may make the required payment.

(d) If a Party fails, within 15 days after a second reminder transmitted by the Center, to pay the required deposit, it shall be deemed to have withdrawn the relevant challenge or petition.

(e) After the determination has been made, the Center shall, in accordance with the determination, render an accounting to the Parties of the deposits received and return any unexpended balance to the Parties or require the payment of any amount owing from the Parties.


Award of Costs of Proceedings
Article 67

(a) In its determination, the Panel shall fix the costs of the proceedings, which shall consist of:

(b) The aforementioned costs shall, as far as possible, be debited from the deposits required under Article 66.

(c) The Panel shall, subject to any agreement of the Parties, apportion between the Parties the costs of the proceedings and the administration fee of the Challenger or Petitioner in the light of all the circumstances and the outcome of the proceedings.


Award of Costs Incurred by a Party
Article 68

In its determination, the Panel may, subject to any contrary agreement by the Parties and in the light of all the circumstances and the outcome of the proceedings, order a Party to pay the whole or part of reasonable expenses incurred by the other Party in presenting its case, including those incurred for legal representatives and witnesses.


Fees and Costs for Appeals
Article 69

(a) A Notice of Appeal shall be subject to the payment to the Center of an appeal fee. The amount of the appeal fee shall be as fixed in the Schedule of Charges applicable on the date on which the Notice of Appeal is received by the Center.

(b) The appeal fee shall not be refundable.

(c) No action shall be taken by the Center on a Notice of Appeal until the appeal fee has been paid.

(d) If the appellant fails, within 15 days after a second reminder transmitted by the Center, to pay the appeal fee, it shall be deemed to have withdrawn its Notice of Appeal.

(e) Articles 65 to 68 shall apply mutatis mutandis to appeal proceedings.


SCHEDULE OF CHARGES

(All amounts are in United States dollars)

FEES OF THE CENTER

(Articles 64 and 69)

Request for Challenge $
Petitions
  • Pro-active Petition for Exclusion
$ for each gTLD
from which an exclusion is requested
  • Petition for Exception, Modification or Cancellation
$
Request to Participate $
Appeal Fee $

FEES OF PANELISTS

(Article 65)

Sole Member---------------------------------------------

        $

Three Members

        $

BONDS

(Article 34)

For suspension of registration where the challenge is
submitted within 30 days of the date of publication --------
of the registration

        $

[Annex II]