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DISPUTE RESOLUTION PROCEDURE

 

INDIAN IP LAWS

  PATENTS
TRADEMARKS
DESIGNS
COPYRIGHT
DOMAIN NAMES
 
Registration in India
.In Registry
INDRP
Domain Names Flowchart
Dispute Resolution Procedure
Registrar's Involvement in Dispute Resolution
Registrant's Rights
Advantages of INDRP
UDRP and INDRP-Differences
Case Law
Statistics - Disputes Filed & Decided
GEOGRAPHICAL INDICATIONS
ANTI-COUNTERFEITING
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USEFUL LINKS

 

INDRP – PROCEDURE FOR FILING A COMPLAINT

 

Step 1: Filing a complaint

 

Any person or entity may initiate an arbitration proceeding by submitting a Complaint to the .IN Registry in accordance with the Dispute Resolution Policy and these Rules of Procedure.

The Complaint should be addressed to:

 

.IN Registry
c/o NIXI (National Internet eXchange of India)
Regd. Office: Incube Business Centre, 5th Floor
18, Nehru Place
New Delhi 110019
India
Tel: +91 11 3061 4624 / 4625
Fax: +91 11 3061 4629
E-Mail: registry@nixi.in
 

Or any other address that may be published on the Registry’s website from time to time.

A separate Complaint is required to be filed for dispute relating to each domain name.

 

Step 2: Notification of Complaint

 

The .IN Registry will on receipt of the prescribed fees, forward the Complaint to the Respondent, within three (3) working days if it is found in accordance with the Dispute Resolution Policy and Rules of Procedure.

If the .IN Registry finds the Complaint to be not in accordance with the Dispute Resolution Policy and the Rules of Procedure, it will within three (3) working days notify the Complainant of the deficiencies identified. The Complainant will then have five (5) working days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same domain name.

 

The .IN Registry on receipt of the complaint after correction of the deficiencies shall appoint an arbitrator from the list of arbitrators and forward the Complaint and documents to the Respondent and to the Arbitrator for adjudicating upon the dispute in accordance with the Arbitration and Conciliation Act 1996, Rules framed there under, Dispute Resolution Policy & rules framed there under.

 

The date of commencement of the arbitration proceeding will be the date on which the Arbitrator issues notice to the Respondent as stipulated under Paragraph 5 (c) of these Rules of Procedure.

 

Step 3: Appointment of the Panel and Timing of Decision

 

The .IN Registry maintains and publishes a publicly available list of arbitrators and their qualifications which can be found on their web site. www.inregistry.in.

The .IN Registry appoints, within five (5) working days following receipt of the Complaint after removal of objections if any, an Arbitrator from the .IN Registry’s list of Arbitrators and forwards to him the Complaint and documents annexed thereto. The fees are paid entirely by the Complainant.

 

Once the arbitrator is appointed the .IN Registry notifies the parties of the Arbitrator appointed. Once the Arbitrator has reached a reasoned award he must forward a copy of it immediately to the Complainant, Respondent and the .IN Registry. The award is passed within 60 days from the date of commencement of arbitration proceeding. In exceptional circumstances this period may be extended by the Arbitrator maximum for 30 days. However, the Arbitrator must give the reasons in writing for such extension.

 

Step 4: Communication between Parties and the Arbitrator

 

No Party or anyone acting on its behalf may have any unilateral communication with an Arbitrator. All communications between a Party and the Arbitrator or between a Party and the .IN Registry should be made in the manner prescribed in these Rules of Procedure.

 

Step 5: Hearings

 

Usually no hearings are fixed (including hearings by teleconference, videoconference, and web conference). However if the Arbitrator determines, in his sole discretion and as an exceptional matter, he may allow a hearing, if necessary for deciding the Complaint.

 

Step 6: Language of the Arbitration Proceedings

 

The language of the arbitration proceedings is English. Any documents submitted in a language other than English must be accompanied by a true copy of its translation in English.

 

Step 7: Arbitrator Decisions

 

An Arbitrator decides a Complaint on the basis of the statements and documents submitted to it and in accordance with the Arbitration and Conciliation Act, 1996, Dispute Resolution Policy, the Rules of Procedure and any bye-laws, rules and guidelines framed there under and any law that the Arbitrator deems to be applicable.

In the absence of exceptional circumstances as determined by the Arbitrator in its sole discretion, the Arbitrator forwards its decision on the Complaint to the .IN Registry within Sixty (60) calendar days of commencement of the Arbitration Proceedings.

An Arbitrator’s decision is given in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name of the Arbitrator.

 

Step 8: Communication of Decision to Parties

 

Within five (5) working days after receiving the decision from the Arbitrator, the .IN Registry will communicate the full text of the decision to each Party and also communicates to each Party, the date for the implementation of the decision.

 

For more information on Domain Name Dispute Resolution Procedure in India please write to us at: info@ssrana.com

 

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