Transfer Dispute Resolution Policy: Difference between revisions

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The '''Transfer Dispute Resolution Policy''' or '''TDRP''', which was created on 12 November 2004, is a [[DRP]] for use between two registrars engaging in Inter-Registrar domain name transfers. Registrars are encouraged to try to solve the dispute between themselves before filing a TDRP, as the resolution fees can be substantial.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref> Registrars who wish to dispute alleged violations from the other registrars may initiate a dispute proceeding, either with an independent dispute resolution provider or a relevant registry operator. If a registry operator is chosen, the decision of this registry operator may be appealed by the registrars to an independent dispute resolution provider.<ref>[http://www.webhosting.info/news/1/icann-approves-dispute-resolution-providers-for-tdrp_0504053153.htm webhosting.info]</ref> A decision made by an independent dispute resolution provider may not be appealed, except for in court.
The '''Transfer Dispute Resolution Policy''' or '''TDRP''', which was created on 12 November 2004, is a [[DRP]] for use between two registrars engaging in Inter-Registrar domain name transfers. Registrars are encouraged to try to solve the dispute between themselves before filing a TDRP, as the resolution fees can be substantial.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref> Registrars who wish to dispute alleged violations from the other registrars may initiate a dispute proceeding, either with an independent dispute resolution provider or a relevant registry operator. If a registry operator is chosen, the decision of this registry operator may be appealed by the registrars to an independent dispute resolution provider.<ref>[http://www.webhosting.info/news/1/icann-approves-dispute-resolution-providers-for-tdrp_0504053153.htm WebHosting.info]</ref> A decision made by an independent dispute resolution provider may not be appealed, except for in court.


There is a statute of limitations of six months on filing the procedure.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref>
There is a statute of limitations of six months on filing the procedure.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref>


[[ICANN]] has the authority to accredit independent as well as neutral dispute resolution providers based on certain criteria.<ref>[http://www.webhosting.info/news/1/icann-approves-dispute-resolution-providers-for-tdrp_0504053153.htm webhosting.info]</ref>
[[ICANN]] has the authority to accredit independent as well as neutral dispute resolution providers based on certain criteria.<ref>[http://www.webhosting.info/news/1/icann-approves-dispute-resolution-providers-for-tdrp_0504053153.htm WebHosting.info]</ref>


== The Transfer Dispute Resolution process ==
== The Transfer Dispute Resolution process ==
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# The Request for Enforcement or Appeal for submission to the Dispute Resolution Provider requires the same information as listed above for the Request for Enforcement to the Registry.
# The Request for Enforcement or Appeal for submission to the Dispute Resolution Provider requires the same information as listed above for the Request for Enforcement to the Registry.
# The Dispute Resolution Provider has 30 days to review all related documentation.
# The Dispute Resolution Provider has 30 days to review all related documentation.
#  
# The Filing Registrar/Appellant must pay a Filing Fee to the Dispute Resolution Provider. If the case that the Filing Registrar/Appellant wins the dispute, the Non-Filing Registrar/Appellee must cover the costs of the Filing Fee.
# The above procedures may not precent a Registrar from submitting the dispute to a court for independent resolution.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref>
# The above procedures may not precent a Registrar from submitting the dispute to a court for independent resolution.<ref>[http://www.icann.org/en/transfers/dispute-policy-12jul04.htm ICANN.org: Registrar Transfer Dispute Resolution Policy]</ref>