INDRP – PROCEDURE FOR FILING A COMPLAINT
Step 1: Filing
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:
c/o NIXI (National Internet eXchange of India)
Regd. Office: Incube Business Centre, 5th Floor
18, Nehru Place
New Delhi 110019
Tel: +91 11 3061 4624 / 4625
Fax: +91 11 3061 4629
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
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proceeding will be deemed withdrawn without prejudice to submission of another Complaint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
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.