Charter Eligibility Dispute Resolution Policy Rules
The CEDRP Rules will be followed by all CEDRP Providers. The CEDRP Rules are developed by the CEDRP Providers in consultation with the Sponsor and ICANN. Such CEDRP Providers may supplement these rules, as appropriate.
CEDRP Rules for .Aero
Administrative proceedings for the resolution of disputes under the Charter Eligibility Dispute Resolution Policy adopted by ICANN shall be governed by these Rules and also the Supplemental Rules of the Provider administering the proceedings, as posted on its web site.
1. Definitions
In these Rules:
Complainant means the party initiating a complaint concerning a Domain Name.
Domain Name means a domain name that is registered in the .aero top level domain.
Eligibility Requirements means the eligibility requirements set out in the Sponsored TLD Charter, as supplemented by the Domain Management policy.
ICANN refers to the Internet Corporation for Assigned Names and Numbers.
Mutual Jurisdiction means a court jurisdiction at the location of either (a) the principal office of the Registrar (provided the Registrant 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 Registrant’s address as shown for the registration of the Domain Name in the Registrar’s Whois database at the time the complaint is submitted to the Provider.
Panel means an administrative panel appointed by a Provider to decide a complaint concerning a Domain Name.
Panelist means an individual appointed by a Provider to be a member of a Panel.
Party means a Complainant or a Respondent.
Policy means the CHARTER ELIGIBILITY DISPUTE RESOLUTION POLICY that is incorporated by reference and made a part of the Registration Agreement.
Provider means a dispute-resolution service provider approved by ICANN. A list of such Providers appears at http://www.icann.org or http://www.information.aero.
Registrar means the entity with which the Respondent has registered a Domain Name that is the subject of a complaint.
Registrant means the holder of a Domain Name.
Registration Agreement means the agreement between a Registrar and a Registrant.
Respondent means the holder of a Domain Name against which a complaint is initiated.
Reverse Domain Name Hijacking means using the Policy in bad faith to attempt to deprive a Registrant of a Domain Name.
Sponsor means Société Internationale de Télécommunications Aéronautiques, a limited liability co-operative society.
Supplemental Rules means the rules adopted by the Provider to supplement these Rules. Supplemental Rules shall not be inconsistent with the Policy or these Rules and shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Panel, and the form of cover sheets.
2. Communications
1. When notifying a complaint to the Respondent, it is the Provider’s responsibility to employ reasonably available means calculated to achieve actual notice to the Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
(a) sending the complaint (including annexes to the extent available in electronic form) to all postal, facsimile and email addresses shown in the Domain Name registration data in the Registrar’s Whois database for the Registrant and the administrative contact; and
(b) sending the complaint, to the extent practicable, to all other addresses provided to the Provider by the Complainant; or
(c) sending the complaint to any address the Respondent has notified the Provider it prefers.
2. Except as provided in Paragraph 2(a), any written communication to the Complainant or the Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or the Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)), or in the absence of such specification
(a) by facsimile transmission, with a confirmation of transmission; or
(b) by postal or courier service, postage pre-paid and return receipt requested; or
(c) Electronically via the Internet, provided a record of its transmission is available.
3. Any communication to the Provider or the Panel shall be made by the means and in the manner (including number of copies) stated in the Provider’s Supplemental Rules.
4. Communications shall be made in the language prescribed in Paragraph 11.
5. Either Party may update its contact details by notifying the Provider and the Registrar.
6. Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:
(a) if delivered by facsimile transmission, on the date shown on the confirmation of transmission; or
(b) if by postal or courier service, on the date marked on the receipt; or
(c) if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.
7. Except as otherwise provided in these Rules, all time periods calculated under these Rules shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f).
8. Any communication by
(a) a Panel to any Party shall be copied to the Provider and to the other Party;
(b) the Provider to any Party shall be copied to the other Party; and
(c) a Party shall be copied to the other Party, the Panel and the Provider, as the case may be.
9. It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.
10. In the event a Party sending a communication receives notification of non-delivery of the communication, that Party shall promptly notify the Panel (or, if no Panel is yet appointed, the Provider) of the circumstances of the notification.
3. The Complaint
1. Any person or entity may submit a complaint in accordance with the Policy and these Rules to any Provider. A copy of the complaint shall be sent to the Respondent and the concerned Registrar(s).
2. The complaint shall be submitted in hard copy and in electronic form (except for annexes not available in electronic form) and shall:
(a) Request that the complaint be submitted for decision in accordance with the Policy and these Rules;
(b) Provide the name, postal and email addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorized to act for the Complainant in the administrative proceeding;
(c) Specify a preferred method for communications directed to the Complainant in the administrative proceeding (including person to be contacted, medium, and address information) for each of (A) electronic-only material and (B) material including hard copy;
(d) Provide the name of the Respondent and all information (including any postal and email addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent or any representative of the Respondent, including contact information based on pre-complaint dealings, in sufficient detail to allow the Provider to send the complaint as described in Paragraph 2(a);
(e) Specify the Domain Name(s) that is/are the subject of the complaint;
(f) Identify the Registrar(s) with whom the Domain Name(s) is/are registered at the time the complaint is filed;
(g) Describe, in accordance with the Policy, the grounds on which the complaint is made including, in particular, the manner in which the Respondent does not meet the Eligibility Requirements.
The description shall comply with any word or page limit set forth in the Provider’s Supplemental Rules;
(h) Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the complaint;
(i) State that a copy of the complaint, together with the cover sheet as prescribed by the Provider’s Supplemental Rules, has been sent or transmitted to the Respondent in accordance with Paragraph 2(b) and to the concerned Registrar(s);
(j) Identify the Mutual Jurisdiction (as defined in Paragraph 1) to which the Complainant will submit, with respect to any challenges to a decision in the administrative proceeding cancelling the Domain Name, as follows: “The Complainant hereby designates [identify precisely the court jurisdiction] as the Mutual Jurisdiction, for the purposes of any challenges to a decision in the administrative proceeding cancelling or transferring the domain name.”
(k) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:”The Complainant agrees that its claims and remedies concerning the registration of the Domain Name, the dispute, or the dispute’s resolution shall be solely against the Registrant and waives all such claims and remedies against (a) the dispute-resolution provider and panelists, except in the case of deliberate wrongdoing, (b) the Registrar, (c) the registry operator, (d) the Sponsor, and (e) the Internet Corporation for Assigned Names and Numbers, as well as their directors, officers, employees, and agents.”
“The Complainant certifies that the information contained in this Complaint is to the best of the Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass, and that the assertions in this Complaint are warranted under these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.”; and
(l) Annex any documentary or other evidence together with a schedule indexing such evidence.
3. The complaint may relate to more than one Domain Name, provided that the Domain Names are registered by the same Registrant.
4. Notification of Complaint
- The Provider shall review the complaint for formal compliance with the Policy and these Rules. If the complaint is found to be in compliance, then the Provider shall forward the complaint (together with the explanatory cover sheet prescribed by the Provider’s Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) business days (as observed at the Provider’s principal place of business) following receipt of the fees to be paid by the Complainant in accordance with Paragraph 19.
- If the Provider finds the complaint to be formally deficient, it shall promptly notify the Complainant and the Respondent of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, after which the administrative proceeding will be deemed withdrawn without prejudice to the submission of a different complaint by the Complainant. The Provider shall notify the Complainant, the Respondent and the concerned Registrar(s) of the withdrawal.
- The date of commencement of the administrative proceeding shall be the date on which the Provider notifies the complaint to the Respondent in accordance with Paragraph 2(a).
- The Provider shall immediately notify the Complainant, the Respondent, the concerned Registrar(s), the Sponsor and ICANN of the date of commencement of the administrative proceeding.
5. The Response
