ICANN s NEW gtld PROGRAM
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1 ICANN s NEW gtld PROGRAM String Confusion Objections Speaker: Thomas Ventrone Vice President International Center for Dispute Resolution
2 INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION 2
3 INTERNATIONAL CENTRE FOR DISPUTE RESOLUTION Established in 1996 as the international division of the American Arbitration Association. One of the most recognized and prominent providers of international dispute resolution services in the world. Largest Number of International Arbitration Filings last five years. Staff fluent in 14 languages 4 international offices 650+ worldwide independent mediators and arbitrators 3
4 STRING CONFUSION REGISTER WITH WEBFILE FILE NEW OBJECTION ACKNOWLEDGE RECEIPT ONLINE DATA STRING CONFUSION OBJECTIONS Standing to Object ( ) Exis)ng TLD operator asser)ng confusion between applied- for gtld and the TLD it currently operates Any gtld applicant in the current round asser)ng confusion between an applied- for gtld and the gtld for which it has applied. (Both have passed the ini)al evalua)on) 4
5 STRING CONFUSION REGISTER WITH WEBFILE FILE NEW OBJECTION ABOUT WEBFILE Secure, Proprietary System Registration Required 24/7/365 Availability Payment Processing Document Upload Case Status ACKNOWLEDGE RECEIPT ONLINE DATA
6 STRING CONFUSION REGISTER WITH WEBFILE FILE NEW OBJECTION ACKNOWLEDGE RECEIPT ONLINE DATA Select ICANN gtld String Confusion Procedures Rules / Expert Determination Enter Objector Information Enter Applicant Information Enter String Upload Documents / English Language / 5000 words or 20 pages Submit Fee Credit Card $2,750 Filing Fee Possible additional fees for expert compensation and hearing costs
7 STRING CONFUSION REGISTER WITH WEBFILE FILE NEW OBJECTION ACKNOWLEDGE RECEIPT NEW gtld OBJECTION ADMINISTRATIVE REVIEW (ARTICLE 9) Acknowledge Receipt of Filing Perform Administrative Review Advise if Incorrectly Filed Allow for Correction of Deficiency Possible Administrative Dismissal of Objection Notify Applicant of Completed Objection Filing ONLINE DATA
8 STRING CONFUSION REGISTER WITH WEBFILE FILE NEW OBJECTION ACKNOWLEDGE RECEIPT Example of Online Objections Filed Report ONLINE DATA
9 THE PROCESS THE RESPONSE THE EXPERT THE DETERMINATION CONCLUSION Objections Filed Report continually updated Seven (7) month objection period no further action taken during this period ICANN to publish Dispute Announcement 30 days from close of objection period ICDR Notice to Applicant for a response will initiate promptly after Dispute Announcement 9
10 THE PROCESS THE RESPONSE THE EXPERT THE DETERMINATION CONCLUSION Applicant Reply Due within 30 days of ICDR notice Allow for correction of deficiencies Failure to timely reply is a default Responses shall contain Name and Contact Informa)on Point- By- Point Response to Objectors Statements Filing Fees, Including Expert Compensa)on Deposit and Hearing Fees Possible Consolidation of objections Negotiation and Mediation encouraged
11 THE PROCESS THE RESPONSE THE EXPERT THE DETERMINATION CONCLUSION ICDR gtld String Confusion Panel Minimum 15 years of senior- level or professional experience Experience in one or more of the following areas: Domain Name disputes; WIPO disputes; Internet, Intellectual Property Training and substan)al experience in arbitra)on, media)on, and/or other forms of dispute resolu)on Freedom from bias and prejudice Ability to evaluate and apply legal, business or trade principals Ability to manage the process and provide a thorough and impar)al evalua)on of evidence Dedicated to upholding the AAA Code of Ethics for Arbitrators Located in 21 Different Countries in Europe, Asia, The Middle East and The Americas
12 THE PROCESS THE RESPONSE THE EXPERT THE DETERMINATION CONCLUSION Expert will review all uploaded submissions Expert may decide if further written submissions are required Expert to decide issue based on documents submitted, ICANN Standards, and Rules or Principles it determines to be applicable Expert may decide to hold a hearing by only in extraordinary circumstances Objector has burden of proof to sustain objection Expert to issue a written, reasoned determination Prevailing party(s) to receive refund of expert compensation deposit
13 THE PROCESS THE RESPONSE THE EXPERT THE DETERMINATION CONCLUSION FOR MORE INFORMATION: Thomas Ventrone Vice President International Centre for Dispute Resolution
Background New gtld Program
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Legal Sources 17 th Willem. C Vis International Commercial Arbitration Moot / 7 th Willem C. Vis International Commercial Arbitration Moot (East) Uncitral Conciliation Rules; Uncitral Model Law on Conciliation;