.cl Domains Dispute & Policy
Last Update 20 August 2012. If the registration is in "pending", ie is within the first 30 days of enrollment, anyone who wants to can apply the same name, and so, to get two applications starts Mediation and Arbitration to determine who will be the final holder.
If the domain is already assigned to another holder 2 years, you must submit a Request for Plastering to NIC Chile.
1. The conflicts that arise in the registration, prosecution and revocation of domain names in the CL domain is resolved according to a mediation and arbitration. In a first stage, the dispute shall be submitted to mediation, and he be unsuccessful, will continue to arbitration, in which case the parties shall appoint one arbitrator jointly by agreement, or failing that, NIC Chile designate an arbitrator from a list that will be published on the website of NIC Chile.
The mediation process
2. After proving the existence of a dispute over the registration or revocation of a domain name, NIC Chile shall notify the parties by email. This notification shall include:
The parties shall appear personally, but in specific cases, it may authorize the participation of some of them via teleconference. It is understood that no agreement has been reached by the mere fact that a party does not attend the hearing.
The hearing will be chaired by a mediator appointed by NIC Chile, who urge the parties to reach an agreement, unaffected by any kind of disability that may be claimed by the parties.
Of the proceedings at the hearing shall be drawn up that entered the place, date, time, party goers, agreement or no agreement made. This report must be signed by all present. In the event that any participating via teleconference, the minutes will be sent by certified mail, which must be returned signed within ten working days, which run from the third day of issuing the certificate.
If the outcome of the hearing was the settlement of the dispute, the minutes shall constitute sufficient written notice to NIC Chile proceed with the final allocation of the domain that caused the conflict.
Of the cpr144449003101 arbitration proceedings
3. If the mediation does not succeed in resolving the conflict, the act will consult the parties if they agree to the appointment of an arbitrator. In case there is no agreement on or in the absence of one, NIC Chile shall send a list of referees for applicants to write off up to three members of it within five working days .
4. Having made the blemish or, the deadline for that, then proceed to appoint an arbitrator by lot from among those who have not been crossed out.
5. If the arbitrator appointed subsequently does not approve or turn down this appointment, will proceed to appoint another by lot.
6. The list of arbitrators shall be made annually by NIC Chile and will be publicly available on the website of NIC Chile.
7. The arbitrators shall have the status of "arbitrator" and against their resolutions shall not appeal. The arbitrator is specifically empowered to resolve all matters within their purview and jurisdiction including the fixing of the costs of arbitration and the payment of them, without prejudice to Article 8, last paragraph.
8. NIC Chile notified via email and send to the arbitrator appointed with the notification for all the background knowledge of the case, it must accept or reject the appointment within the tenth business day following receipt of the notice. If the arbitrator rejects the appointment or does not communicate its acceptance to the Secretariat by the deadline referred to above, it shall appoint a new arbitrator by lot.
If accepted, the referee shall summon the parties by registered letter to an audience whose date can not be, in no case later than 20 working days from the issuance of the letter. Also, send email to NIC Chile and parts identical copy of that letter of acceptance.
The hearing will be held with the party she attends and the parties will establish in conjunction with the appointed arbitrator, the arbitration procedure to follow. If the parties fail to reach agreement as to procedure, or if one or more of them do not attend the hearing, the arbitrator shall be that fixed by the procedure.
In the case where none of the warring parties appear at the hearing, the arbitrator issued a decision ordering that the disputed domain is assigned to the first applicant, or keep your current assignment, if revocation request.
The referee, without prejudice to the evidence offered by the parties and ordered in the arbitration, may, ex officio or upon request, to officiate at NIC Chile to request information regarding domain names that are either the applicant or holder of the parties in conflict. The same requirement may be ordered for domain name applications pending eliminated.
The costs of arbitration shall be shared by the parties who participated in the same except it to the first applicant in the case of a dispute over enrollment, or the current assignee, in a conflict for revocation. Notwithstanding the foregoing, the arbitrator may order the payment of all costs of arbitration, to that of the applicants that requested the domain name registration rejected in cases where it was evident the existence of incompatible third-party rights any reason, that such applicant has acted in bad faith, or the arbitrator determines that there has been no reason to litigate.
9. In case of death, illness or incapacity supervening the arbitrator who is hearing a case, NIC Chile proceed with the appointment of a new arbitrator by lot. The supervening incapacity shall be communicated by the same arbitrator, or qualified by NIC Chile.10. The arbitrator shall notify the decision to the parties by letter which will be sent to the address they had given in the arbitral proceedings, unless they have requested and the referee ordered their notice by other means. For NIC Chile shall notify the resolution ordering the resolution to comply by sending an email digitally signed.Santiago, December 1, 2008