Registrar Transfer Dispute Resolution Policy

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ICANN Policy
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Adopted: 2004
Summary: addresses disputed domain transfers between registrars
Addresses: Unauthorized Transfers, Domain Slamming, Domain Name Hijacking,
Domain Locking
Also addressed by U.S. Legislation: N
Related to: Transfer of Registrations between Registrars Policy

The Registrar Transfer Dispute Resolution Policy (TDRP) addresses disputed domain name transfers, and all ICANN Accredited Registrars must abide by its procedures and decisions.[1][2] This policy does not stop registrars or other interested parties from seeking additional court proceedings.[2]

Service Providers

  • TDRP complaints can be submitted to ICANN's approved service providers or the registry operator.[3]
  • ICANN lists two TDRP service providers:[3]
  1. Asian Domain Name Dispute Resolution Centre (ADNDRC)
  2. National Arbitration Forum (NAF)

Procedure

  • A TDRP can be filed with one of the service providers listed above (second-level disputes) and/or directly with a registry operator (first-level disputes).
  • The acceptable time frame for filing a TDRP complaint is within 6 months of "the alleged violation."[2]

First-Level Disputes

  • Decisions at this level may be appealed using the second-level dispute service providers.[2]
  • First, a registrar must file a Request for Enforcement, which includes the opposing registrar's contact information, the filling registrars contact information, the domain registration or registrations in question, and various pieces of supplemental documentation. The specific format required by the TDRP can be found on its ICANN page.
  • The responding registrar then has 7 days to respond to the Request for Enforcement and send copies to both the registry and the registrar that filed the complaint.[2]
  • According to TDRP procedure, the Registry Operator then has two weeks to reach a decision; this decision can be appealed.[2]

Second-Level Disputes

  • Second-level disputes are filed with approved service providers and contain the same Request for Enforcement information requirements. Again, the respondent has 7 days to respond to the Request for Enforcement.[2]
    • Different service providers may require additional supplemental information from registrars.
  • The panel or individual selected to arbitrate the TDRP has 30 days to reach a decision. According to the NAF Supplemental Rules, an individual will be appointed to any given case unless one of the registrars involved specifically requests a 3 person panel.[4] The panel must rule in favor of one of the registrars.[2]
  • Dispute service providers also handle appeals and "no decision" outcomes from previous first-level dispute proceedings.[2]

Fees

  • ICANN warns that the fees involved with TDRPs can be "substantial."[2]
  • According to the NAF, the cost of a TDRP hearing varies from $1150-4000 and above depending on the number of panelists (1 or 3) and the number of disputed domains.[5]
  • In the case of first-level disputes, the fee, set up by the registry, should be paid by the losing registrar. In the case that the registry operator does not make a decision, the fee is paid by the registrar that submitted the Request for Enforcement.[2]
  • The fees required by the service provider in a second-level dispute are also paid by the losing registrar.[2]

Additional Resources

Related Articles

References

  1. http://www.icann.org/en/resources/registrars/transfers/policy Internet Corporation for Assigned Names and Numbers (ICANN)
  2. 2.00 2.01 2.02 2.03 2.04 2.05 2.06 2.07 2.08 2.09 2.10 2.11 http://www.icann.org/en/help/dndr/tdrp Internet Corporation for Assigned Names and Numbers (ICANN)
  3. 3.0 3.1 http://www.icann.org/en/help/dndr/tdrp/providers Internet Corporation for Assigned Names and Numbers (ICANN)
  4. http://domains.adrforum.com/users/icann/resources/TDRPSuppRules200411121.pdf (PDF) National Arbitration Forum (NAF)
  5. http://domains.adrforum.com/main.aspx?itemID=643&hideBar=False&navID=270&news=26 National Arbitration Forum (NAF)