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Public Comment CloseStatement
Name 

Status

Assignee(s)

Call for
Comments Open		Call for
Comments
Close 		Vote OpenVote CloseDate of SubmissionStaff Contact and EmailStatement Number

04 January 2019

Application for New Uniform Domain Name Dispute Resolution Policy (UDRP) Dispute-Resolution Service Provider

ADOPTED

14Y, 0N, 0A

Joanna Kulesza 

03 January 2019

04 January 2019

04 January 2019

08 January 2019

04 January 2019

Andee Hill
andee.hill@icann.org

AL-ALAC-ST-0119-01-01-EN

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Brief Overview

Purpose: To solicit community feedback on the Canada International Internet Dispute Resolution Centre's (CIIDRC) proposal to serve as an approved dispute-resolution service provider for the Uniform Domain Name Dispute Resolution Policy (UDRP).

Current Status: The public comment period is open through 4 January 2019. Community feedback is specifically requested regarding the applicant's capability to handle proceedings in an expedited, global, online context in an orderly and fair manner, as demonstrated in the application for approval.

Next Steps: ICANN org will consider community feedback in determining whether to approve CIIDRC as a new ICANN-approved UDRP dispute-resolution service provider.

Section I: Description and Explanation

ICANN org requests community feedback on the Canada International Internet Dispute Resolution Centre's (CIIDRC) application to serve as an approved dispute-resolution service provider for the Uniform Domain Name Dispute Resolution Policy (UDRP). The proposal was submitted pursuant to the process specified at https://www.icann.org/resources/pages/provider-approval-process-2012-02-25-en.

ICANN org examines applications from prospective UDRP dispute-resolution service providers to determine whether the applicant has demonstrated its ability to handle proceedings in an expedited, global, online context in an orderly and fair manner. Attributes that may demonstrate this ability include:

  1. Applicant should have a track record in competently handling the clerical aspects of alternative dispute-resolution proceedings. ICANN org considers proper review of pleadings for administrative compliance and reliable and well-documented distribution of documents to the parties and panels to be essential capabilities for providers. In the absence of a well-established track record in handling the clerical function, a detailed plan for providing those abilities ordinarily must be submitted.
  2. Applicant should propose a list of highly-qualified neutrals who have agreed to serve as panelists. Applicant's list should include at least 20 persons. Applicants are expected to thoroughly train the listed neutrals concerning the policy, uniform rules, technology of domain names, and basic legal principles applicable to domain-name disputes. Accordingly, excessively long lists of neutrals are discouraged. The applicant should either present a list of panelists from multiple countries or, if the applicant initially presents a single-country list, propose a plan to expand its list to become multinational.
  3. Applicant's supplemental rules and internal procedures should demonstrate that applicant understands the workings of the policy and uniform rules.

Section II: Background

CIIDRC is a division of the British Columbia International Commercial Arbitration Centre (BCICAC), which was established by the government of the Province of British Columbia with the support of the Federal Government of Canada in 1986. BCICAC operates under the BCICAC Foundation which is managed by a Board of Directors consisting of business leaders, lawyers, academics, and a former Supreme Court of British Columbia Judge.

Section III: Relevant Resources

The CIIDRC's Proposal and Relevant Annexures are available as follows:

Section IV: Additional Information

Section V: Reports


FINAL VERSION SUBMITTED (IF RATIFIED)

The final version to be submitted, if the draft is ratified, will be placed here by upon completion of the vote. 


FINAL DRAFT VERSION TO BE VOTED UPON BY THE ALAC

The final draft version to be voted upon by the ALAC will be placed here before the vote is to begin.


Statement of the At-Large Advisory Committee on the

Application for New Uniform Domain Name Dispute Resolution Policy (UDRP) Dispute-Resolution Service Provider

 

This is the At-Large Advisory Committee comment on the proposed application for New Uniform Domain Name Dispute Resolution Policy (UDRP) Dispute-Resolution Service Provider, submitted by the Canada International Dispute Resolution Centre (CIIDRC), published by ICANN on 16 November 2018. We welcome the opportunity to comment on this application and we strongly support the proposal for a new UDRP Dispute Resolution Provider, viewing it beneficial to the interests of all Internet end users, particularly to domain name registrants.

Statistics from the present two largest UDRP service providers (i.e. WIPO and The Forum (formerly the National Arbitration Forum)) suggest that incidences of domain name dispute arbitration are likely to continue to rise in light of the increasing exploitation of new gTLDs and parking of domain names, not to mention the possibility of further new gTLDs to be introduced onto the market. As arbitration has proven to be a viable alternative to litigation for resolving domain name disputes, CIIDRC's application presents an opportunity to enrich the pool of UDRP service providers which is beneficial to parties who opt for UDRP as the means to arbitrate such disputes.  The ALAC also views this as indirectly beneficial to building consumer trust for Internet end users since it offers trademark holders and registrants yet another professional forum for determining that the registration and use of a domain name are indeed undertaken by the rightful party.

CIIDRC's proposal meets ICANN's formal requirement for an application to become an UDRP service provider. The proposed price range for its new service is within contemporary, customary limits and is comparable to those set by similar bodies. Also, the CIIDRC, being a part of the British Columbia International Commercial Arbitration Centre (BCICAC), which has been offering arbitration services for the dot.ca ccTLD since 2002, can be expected to offer good quality services and access to panelists with requisite expertise.

In light of all of the above, the At-Large Advisory Committee and the community it represents strongly support the proposed application.

Note: grammar edits in red.


DRAFT SUBMITTED FOR DISCUSSION

The first draft submitted will be placed here before the call for comments begins. The Draft should be preceded by the name of the person submitting the draft and the date/time. If, during the discussion, the draft is revised, the older version(S) should be left in place and the new version along with a header line identifying the drafter and date/time should be placed above the older version(s), separated by a Horizontal Rule (available + Insert More Content control).


Statement of the At-Large Advisory Committee on the

Application for New Uniform Domain Name Dispute Resolution Policy (UDRP) Dispute-Resolution Service Provider

 

This is the At-Large Advisory Committee comment on the proposed application for New Uniform Domain Name Dispute Resolution Policy (UDRP) Dispute-Resolution Service Provider, submitted by the Canada International Dispute Resolution Centre (CIIDRC), published by ICANN on Nov. 16, 2018. We welcome the opportunity to comment on this application and we strongly support the proposal for a new UDRP Dispute Resolution Provider, viewing it beneficial to the interests of all Internet users, particularily to domain name registrants.

Statistics from the present two largest UDRP service providers (i.e. WIPO and The Forum (formerly the National Arbitration Forum)) suggest that incidences of domain name dispute arbitration is likely to continue to rise in light of the increasing exploitation of new gTLDs and parking of domain names, not to mention the possibility of further new gTLDs to be introduced onto the market. As arbitration has proven to be a viable alternative to litigation for resolving domain name disputes, CIIDRC's application presents an opportunity to enrich the pool of UDRP service providers which is beneficial to parties who opt for UDRP as the means to arbitrate such disputes.  The ALAC also views this as indirectly beneficial to building consumer trust for Internet end-users since it offers trademark holders and registrants yet another professional forum for determining that the registration and use of a domain name are indeed undertaken by the rightful party.

CIIDRC's proposal meets ICANN's formal requirement for an application to become an UDRP service provider. The proposed price range for its new service is within contemporary, customary limits and is comparable to those set by similar bodies. Also, the CIIDRC, being a part of the British Columbia International Commercial Arbitration Centre (BCICAC), which has been offering arbitration services for the dot.ca ccTLD since 2002, can be expected to offer good quality services and access to panelists with requisite expertise.

In light of all of the above, the At-Large Advisory Committee and the community it represents strongly support the proposed application.




4 Comments

  1. Justine Chew

    Thanks Joanna Kuleszafor incorporating my inputs into your draft. If I may suggest the following amendments for consideration:-


    • Committee in header - second "e" is missing
    • 1st para, 2nd line: "submitted by" instead of "filed by"
    • 1st para, last sentence: "... opportunity to comment on this application and we strongly support ..."
    • 2nd para ....

    Statistics from the present two largest UDRP service providers (i.e. WIPO and The Forum (formerly the National Arbitration Forum) suggest that incidences of domain name dispute arbitration is likely to continue to rise in light of the increasing exploitation of new gTLDs and parking of domain names, not to mention the possibility of further new gTLDs to be introduced onto the market. As arbitration has proven to be a viable alternative to litigation for resolving domain name disputes, CIIDRC's application presents an opportunity to enrich the pool of UDRP service providers which is beneficial to parties who opt for UDRP as the means to arbitrate such disputes.  The ALAC also views this as indirectly beneficial to building consumer trust for Internet end-users since it offers trademark holders and registrants yet another professional forum for determining that the registration and use of a domain name are indeed undertaken by the rightful party.

    • 3rd para ...

    CIIDRC's proposal meets ICANN's formal requirement for an application to become an UDRP service provider. The proposed price range for its new service is within contemporary, customary limits and is comparable to those set by similar bodies. Also, the CIIDRC, being a part of the British Columbia International Commercial Arbitration Centre (BCICAC), which has been offering arbitration services for the dot.ca ccTLD since 2002, can be expected to offer good quality services and access to panelists with requisite expertise. 


    Thanks,
    Justine

  2. Joanna Kulesza

    Thank you Justine Chew. I inserted your comments as suggested, hope that's ok. Once again many thanks for all your help and guidance on this.

  3. Tijani Ben Jemaa

    Thank you so much Joanna. This final draft looks excellent for me. I voted for it

    1. Joanna Kulesza

      Thank you Tijani, most appreciated. Could not have done it without Justine Chew .