eResolution Supplemental Rules

Preliminary Provisions

Definitions
When used in the present Supplemental Rules, the following words and phrases shall mean:
1. "Administrative Proceeding" means an adjudicative procedure to decide a complaint concerning a domain-name registration;
2. "Clerk's office" means the office of the Clerk of eResolution. It is made up of an administrator, a clerk and a deputy clerk;
3. "Complainant" means the party initiating a complaint concerning a domain-name registration;
4. "eResolution" means the arbitration and mediation organisation specialised in the resolution of conflicts arising in cyberspace, with on-line services available at the following address: http://www.eresolution.com/ and approved by ICANN as a Provider;
5. "Form" means documents which the Panel and the Parties are required to fill out during the complaint and the Administrative Proceeding and which are used for communication purposes, or as certificates of administrative procedures, signature or description of evidence enclosed or in appendix;
6. "ICANN" refers to the Internet Corporation for Assigned Names and Numbers;
7. "Mutual Jurisdiction" means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the domain-name holder has submitted in its Registration Agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name) or (b) the domain-name holder's address as shown for the registration of the domain name in Registrar's Whois database at the time the complaint is submitted to the Provider;
8. "Panel" means an administrative panel appointed by a Provider to decide a complaint concerning a domain-name registration;
9. "Panelist" means an individual appointed by a Provider to be a member of a Panel;
10. "Party" means a Complainant or a Respondent;
11. "Policy" means any applicable Policy and Rules incorporated by reference and made a part of a Registration Agreement;
12. "Provider" means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at www.icann.org/udrp/approved-providers.htm;
13. "Registrar" means the entity with which the Respondent has registered a domain name that is the subject of a complaint;
14. "Registration Agreement" means the agreement between a Registrar and a domain-name holder;
15. "Regulation" means the applicable Policy, Rules and eResolution Supplemental Rules;
16. "Respondent" means the holder of a domain-name registration against which a complaint is initiated;
17. "Reverse Domain Name Hijacking" means using the Policy in bad faith to attempt to deprive a registered domain-name holder of a domain name;
18. "Rules" means the Rules that are incorporated by reference and made a part of a Registration Agreement;
19. "Supplemental Rules" means the rules adopted by the Provider to evaluate Complaints and for conducting administrative proceedings, in conformity with the applicable Policy and Rules and to supplement them.
Binding Regulation
Delays
1. Unless otherwise stated, the time limits provided for in the present Regulation are mandatory. The Secretariat or the Panel may at its own discretion, or on the request of a Party, extend any time limit if it considers such an extension necessary for it to be able to fulfill its duties adequately.
2. When a Panel extends a time limit provided for in the Regulation, it shall immediately advise the Clerk's office and the Parties of such an extension.
3. In case of emergency, the Panel may, with the agreement of the Parties, shorten time limits. When the Panel shortens the time limits, it must notify the Clerk's office of the modification.
Communications
1. All communications with the Clerk's office and the Panel must be transmitted using the applicable Forms when such Forms exist.
2. In all other cases, the Parties shall communicate with the Clerk's office and the Panel through electronic mail.
3. In all other cases, the Panel shall communicate with the Clerk's office through electronic mail.
4. All communications from the Clerk's office to a party
  1. will be made in the format requested by the party and communications will be directed to one and only one person designated by the Party as its Representative to the Clerk's office;
  2. if no person is designated by the Party to act as the Representative to the Clerk's office, the person listed under Administrative contact for that Party will be deemed to have been designated as the Representative.
Liability

Except in the case of deliberate wrongdoing, neither eResolution, a Panel, nor a Panelist shall be liable to a Party or subject to legal recourse by such Party for any act or omission in connection with any complaint or administrative proceeding under the Regulation.

Section 1 - Administrative proceeding

Sub-section 1 - Complaint

Complaint
1. Every administrative proceeding shall be initiated by a Complaint submitted to the Clerk's office, in accordance with the Regulation.
2. The Complaint is composed of three parts: the Complaint proper, the annexes and the Cover Sheet.
  1. The Complaint proper and Cover Sheet shall be drafted on the proper Forms and contain all the elements required by the Regulation.
  2. The Complaint proper and the Cover Sheet must be submitted to the Clerk's office and to the Respondent in two formats:
    1. electronic format; and
    2. hard copy format.
  3. The annexes must be submitted in hard copy format and in electronic format if such a format is available.
3. For the Secretariat to review the administrative conformity of a Complaint, the following conditions must be fulfilled:
  1. the applicable fees must have been paid to eResolution;
  2. both formats of the Complaint must have been received by the Clerk's office:
    1. If both formats are received simultaneously:
      1. the Complainant shall have ten (10) calendar days to pay the applicable fees to eResolution;
      2. If eResolution has not received the applicable fees within that delay of ten (10) calendar days, the Complaint shall be deemed withdrawn and the administrative proceeding terminated and the Complaint will be destroyed.
    2. If both formats are not received simultaneously:
      1. the Clerk's office will confirm reception of one of the formats and inform the Complainant that it has ten (10) calendar days to file the other format and to pay the applicable fees;
      2. If the Complainant does not file the second format and pay the applicable fees within that delay of ten (10) calendar days, the Complaint shall be deemed to have been withdrawn and the Complaint will be destroyed;
      3. If the Complainant pays the applicable fees but does not file the second format within that delay of ten (10) calendar days, the Clerk's office will send a notice to Complainant stating format that it has ten (10) calendar days to file the second format.
      4. If the Complainant does not file the second format within that delay, the Clerk's office will reimburse the fee to the Complainant, minus the administration fee and the format in which the Complaint has been received will be destroyed.
  3. When allowed by the Regulation, Complainant must elect to have the administrative proceeding conducted by:
    1. a single member panel;
    2. a three member panel;
    3. if the complainant has not specifically chosen between a single member panel and a three member panel, the complaint will be deemed to elect a single member panel
  4. The conditions set out in the Regulation must be fulfilled.
4. For the administrative proceeding to commence:
  1. if the complainant has elected to have the administrative proceeding conducted by a single member panel
    1. the complaint must be in conformity with all the applicable administrative requirements stated in the Regulation;
    2. if the complaint is not in conformity with the applicable administrative requirements stated in the Regulation:
      1. Clerk's office will notify the Complainant and the Respondent of the nature of the deficiencies identified within ten (10) calendar days of the completion of the formalities of paragraphs 6 a), b) and c) of the present Supplemental Rules.
      2. Complainant shall have five (5) calendar days to correct such deficiencies and to file the amended Complaint with the Clerk's office.
      3. If the Complainant fails to correct said deficiencies within that delay of five (5) calendar days, the complaint will be deemed to have been withdrawn and the Clerk's office will reimburse the fee to the Complainant, minus the administration fee and the conformity evaluation fee and the Complaint received will be destroyed;
  2. if the complainant has elected to have the administrative proceeding conducted by a three member panel:
    1. Complainant must fulfill all the preceding requirements; and
    2. Submit a list of three panelists to the Clerk's office;
    3. If Complainant fails to submit said list of three panelists, the rules of selection of Article 8 will apply.
  3. Once all the conditions stated above have been fulfilled, the Clerk's office shall have three (3) calendar days to forward the Complaint to the Respondent in accordance with the Regulation and the date of commencement of the proceedings shall be the date on which the Clerk's office fulfils its responsibilities in this regard.

Sub-section 2 - Response

Response

From the date of the commencement of the administrative proceeding, Respondent shall have twenty (20) calendar days to submit a response to the Clerk's office;

The Response is composed of three parts: the Response proper, the annexes and the Cover Sheet.

The Response proper and the Cover Sheet shall be drafted on the proper Forms and contain all the elements required by the Regulation.

The Response proper and the Cover Sheet must be submitted to the Clerk's office in two formats:

electronic format; and

hard copy format.

The annexes must be submitted in hard copy format and in electronic format if such a format is available.

For the Response to be considered during the administrative proceeding the following conditions must be fulfilled:

the response must be in conformity with all the applicable administrative requirements stated in the Regulation.

if the response is not in conformity with the applicable administrative requirements stated in the Regulation:

Clerk's office will notify the Respondent of the nature of the deficiencies identified within ten (10) calendar days of the completion of the formalities of paragraph 7 a) and b) of the present Supplemental Rules.

Respondent shall have five (5) calendar days to correct such deficiencies and to notify Clerk's office of such corrections.

If the Respondent fails to correct said deficiencies within that delay of five (5) calendar days, the administrative proceeding will be conducted on the basis of the complaint alone.

If Complainant has elected to have the administrative proceeding conducted before a single member panel, Respondent must elect to have the administrative proceeding conducted before:

a single member panel

a three member panel

if the Respondent has not specifically chosen between a single member panel and a three member panel, the Respondent will be deemed to have elected a single member panel

If Respondent elects a single member panel

both formats of the Response must have been received by the Clerk's office;

If both formats are received simultaneously, Clerk's office will examine the conformity of the response in accordance with paragraph 8(d)

If neither formats are received within the delay of twenty (20) calendar days, the administrative proceeding will be conducted on the basis of the Complaint only;

If both formats are not received simultaneously:

the Clerk's office will confirm reception of one of the format and inform the Respondent that it has ten (10) calendar days to file the other format;

If the Respondent does not file the second format within that delay of ten (10) calendar days, the administrative proceeding shall be conducted and decided on the basis of the Complaint alone.

If Respondent elects a three member panel

Respondent must fulfill the preceding conditions

Respondent must pay the applicable fees

Respondent must submit a list of three panelists to the Clerk's office

If Respondent fails to pay the applicable fees, within the appropriate delays, Respondent will be deemed to have elected a single member panel

If Respondent pays the applicable fees but fails to submit a list of panelists the rules of selection of paragraph 8 shall apply.

If a three member panel is decided upon by the Respondent, the Clerk's office will contact Complainant to obtain payment of the applicable supplementary fees

If Complainant fails to pay the supplementary fees for a three member panel, within ten (10) calendar days, the Complaint shall be deemed to have been withdrawn and the Clerk's office will reimburse the Respondent in full and the fees paid by the Complainant will be reimbursed minus, the administration, the conformity and the panel selection fee.

If Complainant has elected to have the administrative proceeding conducted in front of a three member panel, Respondent must submit a list of three panelists to the Clerk's office. If Respondent fails to submit said list, the nomination procedure of Article 8 will apply.

Sub-section 3 - Panel

Choice of Panel
1. Panel shall be appointed in accordance with the Regulation
2. If the Parties have elected to have the dispute submitted to a single member panel, the Clerk's office shall appoint, within five (5) calendar days following receipt of the Response by the Clerk's office, 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.
3. If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 8 e) of the present Supplemental Rules. 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.
4. Unless it has already elected a three-member Panel, the Complainant shall submit to the Provider, 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. These candidates may be drawn from any ICANN-approved Provider's list of panelists.
5. In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that reasonably balances the preferences of both Parties, as they may specify to the Provider within five (5) calendar days of the Provider's submission of the five-candidate list to the Parties.
6. If either party fails to submit its list of three candidates for appointment by the Clerk's office, the provider shall appoint the three panelists to form the panel.
7. Once the entire Panel is appointed, the Clerk's office 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 Provider.
8. Clerk's office shall communicate the Complaint and the Response to the Panel and inform the parties on what date, save exceptional circumstances, a decision shall be rendered by the Panel.
9. When appointing a Panelist, the Clerk's office shall take into account the Panelist's nationality, place of residence and any links he or she may have with the Parties' countries of origin.
10. The Clerk's office shall assign the arbitration tribunal a secret code giving it access to the site of the case in question.
Attributes of Panelist
1. Every Panelist must be and remain independent of the Parties in question. The Panelist must also demonstrate that he or she is impartial.
2. Before he or she is appointed, a Panelist must notify the Clerk's office of any facts or circumstances which could impair his or her impartiality or independence. The Panelist must also notify the Clerk's office if such facts or circumstances arise after he or she has been appointed. In either case, the Clerk's office shall communicate such facts to the Parties and invite them to transmit their remarks within a stipulated time.
3. By accepting such an appointment, the Panelist commits himself or herself to carrying out his or her duties to completion.
Recusation
1. Any Panelist can be recused if there are circumstances which raise serious doubts about his or her impartiality or independence.
2. Any Party wishing to recuse a Panelist must, under risk of waiving the right to do so, notify the Clerk's office of such a desire, and within ten (10) days of the appointment of said Panelist or within ten (10) days of the time the Party became aware of circumstances such as those stated in Paragraph (1). The limit of ten days is compulsory.
3. The Clerk's office shall rule on the admissibility and validity of the proposed recusation after having allowed the Panelist in question, the other Panelists, if applicable, and the Parties to express their opinions. Such opinions shall be transmitted to the Parties and to the Panelists.
4. The Clerk's office shall have a limit of fifteen (15) days, starting at the time of reception of the proposition of recusation, to come to a decision.
Replacement
1. A Panelist may be replaced in case of death, incapacity, recusation or resignation accepted by the Clerk's office.
2. As quickly as possible, the Clerk's Office shall proceed with the appointment of a new Panelist.
3. As soon as the new Panelist is appointed and after having invited the Parties to submit their remarks, the Panel shall decide whether the previous procedure shall resume. The Panel shall then determine how the administrative proceeding shall continue.
Communications between Panel Members
All communications between Panel Members shall be conducted via email or the appropriate Forms and Clerk's office will be copied with all communications between Panel members.
President of the Panel
1. When a three-member panel is formed, the Clerk's office shall appoint a president among the three Panelists.
2. The president of the Panel shall be responsible for all communications with the Parties and the Clerk's office.
3. The president of the Panel shall be responsible for the drafting of the decision and submit such draft to the other Panelists.
4. The other Panelists:
  1. May both concur with the reasons submitted by the president of the Panel.
  2. May both dissent with the reasons submitted by the president of the Panel.
  3. One of the Panelists may concur with the reasons submitted by the president and the other may dissent.
  4. In all cases, they are free to draft supplementary motives.
Powers of the Panel
1. The Panel may rule on any question raised by a Party, including the interpretation of the Regulation.
2. An objection must be raised as early as possible and, at the latest, at the time the Response to the Complaint is filed.
3. The Panel may rule on any objection as a preliminary issue, or it may decide to continue the administrative proceeding and rule on such an objection in its final decision.

Sub-section 4 - Conclusion of the administrative proceeding

Decision
1. The Decision of the panel shall be drafted on the appropriate form and communicated to the Clerk's office.
2. The Decision shall be, in the case of a three-member panel, the remedy decided upon by a majority of Panelists.
Settlement
1. The Parties can, at any time before a decision is handed down declare that they have settled the Complaint;
2. Such declaration of settlement must be drafted on the appropriate form and transmitted to the panel and the Clerk's office
3. A declaration of settlement puts an end to the administrative proceeding.
Abandonment
1. The complainant, at any time before a decision is handed down can declare that it abandons the complaint.
2. Such a declaration of abandonment must be sent to the Clerk's office.
3. A declaration of abandonment puts an end to the administrative proceeding.
Attempt to influence the decision
1. If any Party, through any means, attempts to corrupt or influence the Panel, its members or the Clerk's office, during the course of the complaint or administrative proceeding, that party shall be deemed to:
  1. In the case of the complainant, to have abandoned the proceeding, forfeit his fee and shall be barred from introducing another Complaint with regards to the domain names described in the Complaint;
  2. In the case of the Respondent, to have accepted unconditionally the remedies sought by Complainant;
  3. The panel shall publish, on the appropriate form, its finding that one Party has tried to influence the outcome of the proceedings.

Section 2 - Fees

1. Fees according to Panel composition and Number
of Domain names in dispute

Please consult the applicable Policies and Rules for any specific
Panel composition requirement.

Number of domain names in the Complaint

Single Panelist

Three Panelists

1 to 2 domains names US$ 1250 US$ 2900

3 to 6 domains names US$ 1500 US$ 3250

7 to 10 domains names US$ 1850 US$ 3900

11 to 15 domains names US$ 2300 US$ 4600

More than 15 domains names To be discussed
with the Clerk's office.

These prices are subject to change without notice. All amounts are expressed in United States Dollars.

2. Communications Preferences

Email + eResolution secure site	No extra fee
Email + eResolution secure site + Facsimile / Fax	US$ 100
Email + eResolution secure site + Courier service	US$ 250

These prices are subject to change without notice. All amounts are expressed in United States Dollars.

3. Methods of Payment

Payment for proceedings can be made in the following fashion :

1- Secure online payment (Visa only):

Use the payment function on your reserved website, giving your Visa card number and other necessary information on the form.

2- Bank transfer:

Account name:	eResolution
Bank name:	Royal Bank of Canada
Branch transit number:	04061
Account number:	4002077
Branch address:	1801 Mont-Royal Avenue East Montreal, Quebec, H2H 1J2 CANADA

When making the transfer, please indicate the domain name that is contested.

3- Certified check:

Beneficiary: eResolution
eResolution
4200 St-Laurent, Bureau 711
Montreal, Quebec
Canada H2W 2R2

When mailing the check, please indicate the domain name that is contested.

Canadian Complainants need to add GST (7%) to the total amount. Complainants domiciled in Quebec need to add GST (7%) and PST (7.5%) to the total amount. Tax requirements apply even if a party is paying in US funds.

Section 3 - Final Provisions

The present rules are subject to change.

eResolution Supplemental Rules

1. Fees according to Panel composition and Number of Domain names in dispute

2. Communications Preferences

3. Methods of Payment

1. Fees according to Panel composition and Number
of Domain names in dispute