General Information Communication B1. Except as set out in paragraph B1. Communication shall be made in English. E-mail communications should be sent in plain text so far as this is practicable. During the course of proceedings under the Dispute Resolution Service, if either Party wishes to change its contact details it must notify the DNC of all changes.
Except as otherwise provided in this Procedure or as otherwise decided by the DNC or if appointed, the Expert, all communications provided for under this Procedure shall be deemed to have been received: Any communication except for communications relating to Informal Mediation between: The Complaint B2. In exceptional circumstances, the ability to accept Complaints may have to be suspended. If so, a message will be posted to that effect on the DNC website which will indicate when the suspension is likely to be lifted.
More than one person or entity may jointly make a Complaint. Where this occurs the joint Complainants must: The Complainant must send the Complaint to the DNC in hard copy and except to the extent not available for attachments in electronic form.
The Complaint shall: This Complaint is not being presented in bad faith, including not being for a dominant purpose other than resolving the issue of who the proper Registrant of a Domain Name is, and the matters stated in this Complaint comply with the Policy and Procedure and applicable law.
I will advise the DNC of my decision on request. The Complaint may relate to more than one Domain Name, provided that those Domain Names are registered in the name of the Respondent.
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Notification of Complaint B3. The DNC will check that the Complaint sufficiently complies with the Policy and, if satisfied, this Procedure and, if so, will forward it to the Respondent together with an explanatory coversheet within three 3 Days of the receipt of the hard copy of the Complaint. If the DNC considers that the Complaint does not sufficiently comply with the Policy and this Procedure, the Complainant will be promptly notified of the deficiencies identified.
The Complainant shall have three 3 Days from receipt of notification within which to correct the deficiencies and return the Complaint, failing which the DNC will deem the Complaint to be withdrawn. This will not prevent the Complainant submitting a different Complaint.
On receipt of the Complaint the DNC will cause the domain name to be locked until the Conclusion of the proceedings, at which time the domain name will be unlocked. The Response B4. Within fifteen 15 Days of the date of Commencement of Dispute Resolution Service proceedings, the Respondent shall submit a Response, if they choose to do so. The Respondent must send the Response to the DNC signed, and in hard copy and except to the extent not available for attachments in electronic form at the addresses set out in the explanatory coversheet.
The Response shall: If the Respondent does not submit a Response, the Parties will be notified that an Expert will be appointed on receipt from the Complainant of the applicable fees according to paragraph B20 and in the absence of exceptional circumstances. Reply by the Complainant B5. The Reply should be confined to answering any new points raised in the Response and not previously dealt with in the Complaint. The Expert will not be obliged to consider any other material included in the Reply.
If a Reply is submitted it must be submitted in signed, hard copy including four 4 copies of all annexes and as far as possible in electronic form. Informal Mediation B6. No Informal Mediation will occur if the Respondent does not file a Response.
Informal Mediation will be conducted in a manner which the DNC, at its sole discretion, considers appropriate.
Negotiations conducted between the Parties during Informal Mediation including any information obtained from or in connection to negotiations shall be confidential as between the Parties, the Mediator and the DNC.
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Any such information will not be shown to the Expert. Neither the DNC nor the Mediator nor any Party may reveal details of such negotiations to any third parties unless a court or decision-making body of competent jurisdiction orders disclosure, or the DNC, the Mediator or either Party are otherwise required to do so by applicable laws or regulations. Neither Party shall use any information gained during mediation for any ulterior or collateral purpose or include it in any submission likely to be seen by any court or decision-making body of competent jurisdiction or arbitral tribunal of competent jurisdiction in this dispute or any later dispute or litigation.
Notwithstanding paragraph B6. If the Parties reach a settlement during Informal Mediation then the existence, nature and terms of the settlement shall be confidential as between the Parties, the Mediator and the DNC, unless the Parties specifically agree otherwise, a court or decision-making body of competent jurisdiction orders otherwise, or applicable laws or regulations require it. No binding verbal agreements can be reached as part of the Informal Mediation: Any action to be taken by the Registrar will be completed by it as soon as possible, and no later than three Days, after receiving notice from the DNC.
If the Parties do not achieve an acceptable resolution through Informal Mediation within ten 10 Days, the DNC will send notice to the Parties that it will appoint an Expert when the Complainant has paid the applicable fees set out under paragraph B The Expert will be told whether or not Informal Mediation occurred, but will not be told what happened during Informal Mediation or why it failed to resolve the dispute. No Party may ask the DNC including its officers, employees, contractors, agents and any Expert or Mediator to reveal information or materials gained as a result of any Informal Mediation under the Dispute Resolution Service unless such disclosure has been ordered by a court or decision-making body of competent jurisdiction.
Neither Party shall call the Expert, Mediator or the DNC including its officers, employees, contractors, or agents as a witness either in person or to produce documents or other materials in any proceedings which arise from, or are in connection with, the matters discussed in the mediation. Appointment of the Expert and Timing of Decision B7. Within five 5 Days of the receipt of the applicable fees from the Complainant the DNC will appoint an Expert on a rotational basis from its list of Experts.
Once the Expert has been appointed, the Parties will be notified of the name of the Expert appointed and the date by which, except in exceptional circumstances, the Expert will forward his or her Decision to the DNC. Impartiality and Independence B8. The DNC will have the discretion to appoint a substitute Mediator or Expert if necessary in which case the timetable will be adjusted accordingly. Communication Between Parties and the Expert B9. A Party and the Expert must not communicate directly.
Transmission of the File to the Expert B The DNC, or the Expert if appointed, may in exceptional cases extend any period of time in proceedings under the Dispute Resolution Service.
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The Expert shall determine the admissibility, relevance, materiality and weight of the evidence. Further Statement B In addition to the Complaint, the Response and if applicable the Reply, any appeal notice and appeal notice response, the Expert may request further statements or documents from the Parties.Vlog 5 - Teach in New Zealand
The Expert will not be obliged to consider any statements or documents from the Parties which he or she has not received according to the Policy or this Procedure or which he or she has not requested. The Expert may request that a further statement be limited to a defined topic, and the Expert will not be obliged to consider any material beyond that requested. Any communication with the DNC intended to be passed to the Expert which is not part of the standard process e.
Any non-standard submission must contain as a separate, first paragraph, a brief explanation of why there is an exceptional need for the non-standard submission. If there is no explanation, the DNC may not pass on the document or information.
In Person Hearings B No in person hearings including hearings by conference call, video conference and web conference will be held unless the Expert determines in his or her sole discretion and in exceptional cases, that such a hearing is necessary to enable him or her to come to a Decision.
Default B If the DNC finds that a submission by a Party exceeds the word limit, the submission will be returned to that Party who will within three 3 Days return a submission which complies with the word limits.
If the DNC does not receive the submission back within the deadline from: Once appointed the Expert will decide the dispute based upon the Complaint and evidence attached to it. If, once the Expert has been appointed, and in the absence of exceptional circumstances, a Party does not comply with any time period laid down in the Policy or this Procedure, the Expert will proceed to a Decision on the Complaint.
If the Expert has not been appointed the DNC shall take any action which it deems appropriate in its sole discretion, unless prescribed by this Procedure. Expert Decision B Unless exceptional circumstances apply, an Expert shall forward his or her Decision to the DNC within ten 10 Days of his or her appointment pursuant to paragraph B7. The Decision shall be in writing and signed by the Expert, provide the reasons on which it is based, indicate the date on which it was made, the place the Decision was made and identify the name of the Expert.
If the Expert concludes that the dispute is not within the scope of paragraph 4, he or she shall state that this is the case. If, after considering the submissions, the Expert finds that the Complaint was brought in bad faith, for example in an attempt at Domain Name Hijacking, the Expert shall state this finding in the Decision.
If the Complainant is found on three separate occasions within a 2-year period to have brought a Complaint in bad faith, the DNC will not accept any further Complaints from that Complainant for a period of 2 years from the date of the third such Decision. Within three 3 Days of the receipt of a Decision from the Expert, the DNC will communicate the full text of the Decision to each Party and the date for the implementation of the Decision in accordance with the Policy.
If the Expert makes a Decision that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, the DNC will implement that Decision by causing the necessary changes to be made to the Register after ten 10 Days of the date that the Parties were notified, unless, during the ten 10 Days following the date that the Parties were notified the DNC receives from either Party: In the event of the DNC being satisfied that a judgment, decision or award has been made directing or requiring that a Domain Name be cancelled, suspended, transferred or otherwise amended, the DNC will implement that Decision by causing any necessary changes to the Register to take place and the Dispute Resolution Service proceeding will be terminated.
Appeal B Either Party shall have the right to appeal a Decision by submitting either: A statement of intention to appeal should only contain sufficient information to make it clear that an appeal is requested. The statement of intention to appeal should not contain the actual grounds or reasons for appeal, and the panel of Experts will not be obliged to consider any such grounds or reasons.
An appeal notice should not exceed words, should set out detailed grounds and reasons for the appeal, but shall contain no new evidence or annexes. Within three 3 Days of the receipt of the: Within ten 10 Days of receiving the appeal notice from the DNC, the other Party may submit an appeal notice response paragraph B An appeal notice response must not exceed words, should set out detailed grounds and reasons why the appeal should be rejected but should contain no new evidence or annexes.
Following the filing of an appeal notice response or the expiry of the deadline to do so an Appeal Panel of three Experts will be appointed. The test of impartiality shall apply to each appeal Expert.
Subject to that qualification the Appeal Panel shall consist of: The Appeal Panel should not normally take into consideration any new evidence presented in an appeal notice or appeal notice response unless they believe that it is in the interests of justice to do so.
So far as is appropriate in the circumstances paragraphs B15 and B16 apply equally to appeal Decisions, except that: Settlement or Other Grounds for Termination B If, before a Decision is made the Parties agree and notify the DNC of a settlement, whether or not pursuant to Informal Mediation, proceedings under the Dispute Resolution Service will terminate. If, before a Decision is made, it becomes unnecessary or impossible to continue proceedings under the Dispute Resolution Service for any reason, the DNC will terminate proceedings under the Dispute Resolution Service unless a Party raises justifiable grounds for objection within a period of time which the DNC will determine and notify the Parties of.
Effect of Court Proceedings B If the DNC is satisfied that legal proceedings relating to a Domain Name which is the subject of a Complaint are issued before a New Zealand court or decision-making body of competent jurisdiction or an arbitral tribunal of competent jurisdiction, before or during the course of proceedings under the Dispute Resolution Service and are brought to its attention, it will suspend the Dispute Resolution Service proceedings, pending the outcome of the legal proceedings.
A Party must promptly notify the DNC if it initiates or becomes aware of legal proceedings in a court or decision-making body of competent jurisdiction or arbitral tribunal of competent jurisdiction relating to a Domain Name which is the subject of a Complaint during the course of proceedings under the Dispute Resolution Service.
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