It is interesting to note that the .IN
Registry and the Registrars are not allowed to participate in the domain name dispute
resolution proceedings in any capacity other than providing the information relevant
to the registration and use of the domain name upon the request of the Arbitrator.
The Registry and the Registrar are not liable for any decisions rendered by an Arbitrator.
The remedies available to the complainant
include the cancellation of the registrant's domain name or the transfer of domain
name registration to the complainant. Costs, if deemed fit, may also be awarded
by the Arbitrator.
The registrant is prohibited from transferring
the domain name registration to another holder in case arbitration proceeding is
initiated for a period of fifteen working days after such proceeding is concluded
or during a pending court proceeding or arbitration commenced regarding the domain
name, unless the party to whom the domain name registration is being transferred
agrees, in writing, to be bound by the decision of the court or arbitrator.
The .INDRP though developed on the lines
of the Uniform Dispute Resolution Policy, differs significantly from the latter.
While .INDRP deals only with domain names registered and used in the .in Internet
Domain name, it is the generic top level domain name and some of the counties which
have agreed to be governed by UDRP. The complainant has the authority to select
the Provider who will then administer the proceedings like WIPO, NAF etc; the .IN
Registry appoints the arbitrator for the same. The .INDRP does not deal with consolidation.
Under the UDRP, however, where there are a multiple disputes between the Registrant
and Complainant, either party may petition to consolidate the disputes before a
single Administrative Panel.
For more information on Domain Name Registrar's Involvement in Dispute Resolution in India please write to us at: info@ssrana.com
