.ae Domains Dispute & Policy
Last Update 20 August 2012. The most current .ae domains dispute policy can be found at: http://aeda.ae/eng/policies/AEDA-POL-014a-v1.1-UAE_Domain_Name_Dispute_Resolution_Policy.pdfUAE Domain Name Dispute Resolution Policy – UAE DRP 22/09/2010
This Policy is incorporated by reference into all Registrant Agreements, and all Domain Names. This Policy sets out the basis on which disputes arising out of UAE ccTLD Domain Name Registrations and Renewals between aspiring claimants to that Registration will be dealt with. Accordingly, it is intended to bind Registrants, over the Registration or use of all UAE ccTLD Domain Names including those under .ae ccTLD and (dotEmarat) Arabic ccTLD, but does not bind the .aeDA itself. As a similar Policy was in place before the commencement of the New Registry Operations which used such terms, for the sake of convenience, this Policy uses:
- “we”, “our” or “us” to refer to the .aeDA;
- “you” and “your” to refer to a Registrant of a UAE ccTLD Domain Name; and
- the “Registrar” refers to the relevant Registrar with respect to a UAE ccTLD Domain Name.
“Administrative Panel” or “Panel” means a panel Appointed pursuant to and for the purpose of this Policy as amended from time to time;
“Complainant” means the party initiating a complaint concerning a Domain Name;
“Domain Name" means an alphanumeric string associated with Internet resources detailed in RFC 1034, 1035 and other relevant RFCs, which may be subject to use for a specified period of time issued or granted to a Registrant by the .aeDA, entitling the Registrant to an exclusive right to use that Domain Name for the relevant Domain Name licence period, the terms of which are notified by the .aeDA to the Registrars from time to time;
this “Policy” means this “UAE Domain Name Dispute Resolution Policy – UAE DRP”;
the “Provider” means the WIPO Arbitration and Mediation Center, the URL for which is http://www.wipo.int/amc/en/domains/; and the “Rules of Procedure” means the “Rules for the UAE Domain Name Dispute Resolution
Policy – UAE DRP Rules”.
Either the relevant Registrar or us will cancel, transfer or otherwise make changes to Domain Name Registration under the following circumstances:
This Section sets forth the type of disputes for which you are required to submit to a mandatory administrative proceeding. These proceedings will be conducted before the WIPO Arbitration and Mediation Center.
The Complainant shall select the Provider from among those approved by .aeDA by submitting the complaint to that Provider.
The Rules of Procedure state the process for initiating and conducting a proceeding and for appointing the panel that will decide the dispute (the ”Administrative Panel”).
In the event of multiple disputes between you and a Complainant, either you or the Complainant may petition to consolidate the disputes before a single Administrative Panel. This petition shall be made to the first Administrative Panel appointed to hear a pending dispute between the parties. This Administrative Panel may consolidate before it any or all such disputes in its sole discretion, provided that the disputes being consolidated are governed by this Policy or a later version of this Policy adopted by the .aeDA.
All fees charged by the WIPO Arbitration and Mediation Center in connection with any dispute before an Administrative Panel pursuant to this Policy shall be paid by the Complainant, except in cases where you elect to expand the Administrative Panel from one to three panellists as provided in Section 5(b)(iv) of the Rules of Procedure, in which case all fees will be split evenly by you and the Complainant.
Neither we nor any Registrar will, participate in the administration or conduct of any proceeding before an Administrative Panel. In addition, neither we nor any Registrar will be liable as a result of any decisions rendered by the Administrative Panel.
The remedies available to a Complainant pursuant to any proceeding before an Administrative Panel shall be limited to requiring the cancellation of your Domain Name or the transfer of your Domain Name Registration to the Complainant.
The WIPO Arbitration and Mediation Center shall notify us of any decision made by an Administrative Panel with respect to a Domain Name you have Registered with the Registrar. All decisions under this Policy will be published in full over the Internet, except when an Administrative Panel determines in an exceptional case to redact portions of its decision.
The mandatory administrative proceeding requirements set forth in Section 6 shall not prevent either you or the Complainant from submitting the dispute to a court of competent jurisdiction for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your Domain Name Registration should be cancelled or transferred, we (.aeDA) will wait ten (10) business days (as observed in the location of the principal office of .aeDA) after .aeDA is informed by the WIPO Arbitration and Mediation Center of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that ten (10) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the Complainant in the jurisdiction to which the Complainant has submitted under Section 3(b)(xiii) of the Rules of Procedure. (A jurisdiction at the location of the principal office of .aeDA). If we receive such documentation within the ten (10) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive either:
All other disputes between you and any party (other than the Registrar or us) regarding your Domain Name Registration that are not brought pursuant to the mandatory administrative proceeding provisions of Section 6 shall be resolved between you and such other party through any court, arbitration or other proceeding that may be available.
Neither we nor the Registrar will participate in any way in any dispute between you and any party (other than the Registrar or us) regarding the Registration or use of your Domain Name. You shall not name either the Registrar or us as a party or otherwise include either the Registrar or us in any such proceeding. In the event that either the Registrar or we are named as a party in any such proceeding, the Registrar and we reserve the right to raise any and all defences deemed appropriate, and to take any other action necessary to defend ourselves.
Neither the Registrar nor we will cancel, transfer, activate, deactivate, or otherwise change the status of any Domain Name Registration under this Policy except as provided in Section 5 above.
Except for a transfer to a Complainant in a pending administrative proceeding under this Policy (e.g. with the event of a settlement of the dispute), you may not transfer your Domain Name Registration to another holder:
You may not transfer your Domain Name Registration to another Registrar during a pending administrative proceeding brought pursuant to Section 6 or for a period of fifteen (15) business days (as observed in the location of the . principal office of .aeDA after such proceeding is concluded. You may transfer administration of your Domain Name Registration to another Registrar during a pending court action or arbitration, provided that the Domain Name you have Registered with us shall continue to be subject to the proceedings commenced against you in accordance with the terms of this Policy. In the event that you transfer a Domain Name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the Domain Name dispute policy of the Registrar from which the Domain Name registration was transferred.
We reserve the right to modify this Policy at any time further to notification on our web site at www.aeda.ae. Unless this Policy has already been invoked by the submission of a complaint to the WIPO Arbitration and Mediation Center, in which event the version of the Policy in effect at the time it was invoked will apply to you until the dispute is over, all such changes will be binding upon you with respect to any Domain Name Registration dispute, whether the dispute arose before, on or after the effective date of our change. In the event that you object to a change in this Policy, your sole remedy is to cancel your Domain Name Registration with the Registrar, provided that you will not be entitled to a refund of any fees you paid to the Registrar. The revised Policy will apply to you until you cancel your Domain Name Registration.