National Arbitration Form Uniform Rapid Suspension System EXTENSIONS, STAYS, and WITHDRAWALS...

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National Arbitration Form Uniform Rapid Suspension System EXTENSIONS, STAYS, and WITHDRAWALS Procedural Questions? [email protected]

Transcript of National Arbitration Form Uniform Rapid Suspension System EXTENSIONS, STAYS, and WITHDRAWALS...

Page 1: National Arbitration Form Uniform Rapid Suspension System EXTENSIONS, STAYS, and WITHDRAWALS Procedural Questions? domaindispute@adrforum.com.

National Arbitration Form Uniform Rapid Suspension System

EXTENSIONS, STAYS, and WITHDRAWALS

Procedural Questions?

[email protected]

Page 2: National Arbitration Form Uniform Rapid Suspension System EXTENSIONS, STAYS, and WITHDRAWALS Procedural Questions? domaindispute@adrforum.com.

How to Use This Demo

It’s best if you watch this as a PowerPoint Presentation, as there are arrows and boxes that will pop up to point things out, but if you can’t, that’s fine too.

Some slides have detailed information in the Notes. Regardless of how you view the Demo, please review the Notes Pages.

Contact us if you have procedural questions. We cannot tell you if you have a good case or what your best options are, but we can tell you how to access our portal!

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The Uniform Rapid Suspension System

Costs are low; this system relies upon users to do a lot of “self-service” and upon automation of routine document transmission.

Interaction with our portal is *required*

Case coordinators are still available as a resource.

Validation at filing means the system won’t work until there are new gTLDs in the root. We have work arounds in place in case our vendor can’t get the new gTLDs in fast enough.

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Requesting an Extension

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Key Information

Only Respondents can request an Extension

If there is no Default Determination, Respondents may request an Extension for up to seven days.

Requests will not be considered if not made on time AND through the portal.

There is no cost for an Extension before a Default Determination.

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Key Information

If there is a Default Determination, you might not need an Extension. You have 30 days to Respond for free.

You have from day 31-day 180 to Respond for a Re-Examination fee.

If you request an Extension in the 31-180 day period you will need to pay a fee, but you can request up to 180 more days.

An Extension after a Default Determination does not impact the Default Determination in any way.

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Use your portal information to log in at https://secure.arb-forum.com/cm.If you do not yet have a login, request on at [email protected]

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Click “My Cases”

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Select the case you want to view, they’re sorted by due date, but you can click the headers to sort by other categories.

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Case info. and deadlines

Party and coordinator info.

Documents

Actions you can take

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State the reason you need extra time and click “Submit”. You will notified if your request is approved by the next Business Day.

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Requesting To Withdraw

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Key Information

Only Complainants can request to withdraw

If there is no Default or Final Determination, Complainants may withdraw either unilaterally or jointly with Respondent.

If a Complainant indicates it wants to withdraw jointly, the Respondent will be required to log into the Portal and join the request within 24 hours or the request will expire and disappear.

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Key Information

Complainants will get to elect if they want to withdraw “with” or “without” prejudice.

With prejudice means that the Complainant cannot file a URS Complaint for the same domain name later. This is typically only selected where the Parties have agreed to terminate and settle the dispute and have made a “with prejudice” withdrawal part of the agreement.

Without prejudice means the Complainant may be able to file again.

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Withdrawing

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Requesting A Stay

(Suspension)

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Key Information

Either Party may request to Stay if there is no Default or Final Determination.

All Stays MUST be Joined by the other party within 24 hours of the request or they will expire.

Either party may re-initiate an expired stay request, provided there is no Determination.

Stays may be for any length of time, up to 45 Business Days.

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Select “Request a Stay”

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Select the date for the Stay (Suspension) to end.

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State the reason for the request. The demo language “Stay Request” is not sufficient. Give a clear reason.

Note that the other Party MUST agree with this request or it will be disregarded. Make sure they are expecting it.

Check the “I Agree” box to confirm.

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Joining a Stay that was already requested

The party who didn’t request the Stay can now join it to “seal the deal.”

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The date and reason are pre-filled from the requesting party. This party only needs to agree to join or decline. You must indicate that you understand that the case will be automatically dismissed without any refunds.

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The Stay Process

The coordinator or Examiner will review the Stay request and make a decision within 24 hours.

In ordinary circumstances, a properly requested joint Stay request will almost always be granted.

You will be notified by email that the Order granting or denying the Stay Request was added to your portal.

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Requesting to Lift a Stay

Either party can request to lift the Stay, so long as the Stay hasn’t expired. Lifting the Stay will put the case back into the same position it was in prior to the Stay.

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Either party may request to lift the Stay. This request will be granted, if timely, on the next business day.

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If you have procedural questions, email [email protected]