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Note: These instructions summarize certain portions of ICANN's Registrar Transfer Dispute Resolution Policy (TDRP) and the FORUM's TDRP Supplemental Rules that concern the filing of an Appeal. This summary is not a substitute for reading and understanding the Rules governing this proceeding.
File TDRP Appeals Properly Parties interested in filing a TDRP Appeal must do so according to the TDRP and the FORUM’s TDRP Supplemental Rules. Please read and review the policy and rules prior to filing your Appeal.
At this time, the FORUM's Supplemental Rules do not specifically address Appeals, but the Supplemental Rules for a Request for Enforcement apply.
Prepare Your TDRP Appeal A model Appeal form is available online in MS Word rich text format. You may download this form to assist you as you proceed through these instructions.
- Excluding attachments, the Appeal shall not exceed ten (10) pages. National Arbitration Forum Supplemental Rule (hereafter "Supp. Rule") 4(a).
- Include a request that the Appeal be submitted for decision in accordance with the Registrar Transfer Dispute Resolution Policy (hereafter “Policy”) and the Forum’s Supplemental Rules. Policy 4.3.4(i).
- Include the name, postal and e-mail addresses, telephone and facsimile numbers of the Appellant. The Appeal must also include the name of the representative who is authorized to act for the Appellant in the proceeding. Policy 4.3.4(ii).
- Provide the name of the Appellee and all information (including any postal and e-mail addresses, and telephone and facsimile numbers) known to the Appellant regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-complaint dealings. Policy 4.3.4(iii).
- Specify the domain name(s) that is/are the subject of the Appeal. Policy 4.3.4(iv). The Appeal may relate to more than one domain name, provided that the domain names involve the same Appellant and Appellee and that the domain names involve the same decision issued by the Registry Operator for the First Level Dispute. Policy 4.3.5.
- Specify the incident(s) that gave rise to the dispute. Policy 4.3.4(v).
- State the basis for the Appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute Process. Policy 4.3.4(vi).
- State the specific remedy being sought. Policy 4.3.4(vii). The Policy limits the remedies available to approval of the transfer or denial of the transfer. Policy 4.3.8(iv).
- Identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Appeal. Policy 4.3.4(viii).
- State that a copy of the Appeal, together with the "Appeal Transmittal Cover Sheet" (available on the National Arbitration Forum's website), has been sent or transmitted to the Appellee. Policy 4.3.4(ix).
- Conclude with the following statement followed by the signature of the Appellant or its authorized representative:
“<insert name of Appellant> agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the Appellee and waives all such claims and remedies against the dispute resolution provider and panelists, and the Registry Operator, as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence.”“ <insert name of Appellant> certifies that the information contained in this Appeal is to the best of Appellant’s knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument.” Policy 4.3.4(x).
- Attach any documents or other evidence together with a table of contents of the evidence. Policy 3.1.4.
- Include the appropriate fee in accordance with the Forum's Supplemental Rules and Fee Schedule (Supp. Rule 16). Policy 4.4.
File Your TDRP Appeal Pursuant to Policy 4.3.4, send the Appeal, the Appeal Transmittal Sheet, any other attached evidence, and a copy of ICANN's Registrar Transfer Dispute Resolution Policy to the National Arbitration Forum by email, at domaindispute@adrforum.com, and to the Non-Appellant. Attachments should be in Microsoft Word, PC format.
Questions? Contact us via email or call (800) 474-2371.
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