Schedule of Fees under Eligibility Requirements Dispute Resolution Policy for .NAME (the "ERDRP")
The following schedule of fees applies in connection with any administrative proceeding initiated on or after December 1, 2002, that is to be administered by the WIPO Arbitration and Mediation Center the ("Center") under the Rules for Eligibility Requirements Dispute Resolution Policy for .NAME, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on August 1, 2001 (the "ERDRP Rules").
Single Panelist
Number of Registered Names/Defensive Registrations included in the Complaint | Fee (United States Dollars) |
---|---|
1 to 5 |
1500 [Panelist: 1000; Center: 500] |
6 to 10 |
2000 [Panelist: 1300; Center: 700] |
More than 10 |
To be decided in consultation with the Center |
Three Panelists
Number of Registered Names/Defensive Registrations Included in the Complaint | Fee (United States Dollars) |
---|---|
1 to 5 |
4000 [Presiding Panelist: 1500; Co-Panelist: 750; Center: 1000] |
6 to 10 |
5000 [Presiding Panelist: 1750; Co-Panelist: 1000; Center: 1250] |
More than 10 |
To be decided in consultation with the Center |
All Proceedings
1. This Schedule of Fees applies to complaints involving Registered Names (i.e. domain names and SLD e-mail addresses), to complaints involving Defensive Registrations, and to Ex Officio proceedings.
2. The fees are to be paid to the Center. They consist of an amount to be retained by the Center as an administration fee and an amount to be paid to an Administrative Panel.
3. In the event of the withdrawal of a complaint in accordance with Paragraph 4 of the ERDRP Rules and Paragraph 5(b) of the WIPO Supplemental ERDRP Rules, or the termination of an administrative proceeding prior to the appointment of an Administrative Panel, for cases involving up to 10 Registered Names/Defensive Registrations, the Center shall withhold a processing fee in the amount of the Center's share of the total fee; for cases involving more than 10 Registered Names/Defensive Registrations the Center shall determine in its sole discretion the processing fee to be withheld by the Center, subject to a minimum of US$700 for single-member panel complaints and US$1250 for three-member panel complaints. In the event of the termination of an administrative proceeding after the appointment of an Administrative Panel, the Center shall determine in its sole discretion whether any amount of fee paid by either party shall be refunded.
4. All payments to be made in connection with ERDRP disputes can only be effected by credit card (American Express, Visa, Master Card). The Center is under no obligation to accept payment effected by any other means. Please provide the name of cardholder as it appears on the card, card number, card expiration date, type of card. Payments by credit card may also be made by telephone by calling (+41 22) 338 8247.
5. All charges or other amounts that may be levied in connection with a payment made to the Center shall be the responsibility of the party making the payment.
Registered Name Proceedings
6. In ERDRP administrative proceedings concerning Registered Names, the Complainant shall pay the applicable total fee to the Provider. A prevailing Complainant will not receive a fee-refund. If the Respondent elects to have the dispute decided by a three-member Panel, rather than the single-member Panel elected by the Complainant, the Respondent shall pay to the Provider one-half the fixed fee for a three-member Panel in accordance with Paragraph 5(b)(iv) of the ERDRP Rules. The Complainant shall then pay to the Center the remainder, such that the fee is split equally between the parties. This payment shall be made together with the submission of the response, failing which the dispute will be decided by a single-member Panel (ERDRP Rules, para. 5(c)).
Defensive Registration Proceedings
7. In ERDRP administrative proceedings concerning Defensive Registrations, the following shall apply:
a. Both parties are required to each pay the applicable total fee to the Center (ERDRP Rules, para. 19(a)(ii)).
b. The fees paid by the prevailing Party shall be refunded by the Center, provided that the losing Party has paid the full fees. The Center will retain the fees paid by the losing Party.
c. A Respondent opting under Paragraph 5(b)(iv) of the ERDRP Rules to have the dispute decided by a three-member Panel instead of a single-member Panel elected by the Complainant, shall pay the full fees for such three-member Panel. This payment shall be made together with the submission of the response, failing which the dispute will be decided by a single-member Panel (Paragraph 5(c) of the ERDRP Rules). Pursuant to Paragraph 19(a)(ii)(C) of the ERDRP Rules, such Respondent shall not be entitled to a refund of the difference between the full fee for a single-member Panel and the full fee for a three-member Panel, whether or not the Respondent prevailed.
d. If there is more than one Respondent, each Respondent shall independently be required to pay the total fee applicable to the number of Defensive Registrations held by that Respondent. If the Respondents prevail, each prevailing Respondent shall receive a refund of the fees paid by that Respondent (subject to subparagraph 7c. above). If the Complainant prevails, the Center shall refund the fees paid by that Complainant, retain the fees paid by the Respondents up to an amount corresponding to the full fees refunded to the Complainant, and refund the balance to the Respondents in proportion to each Respondents share in the total amount of fees paid by all Respondents.
e. If the Complainant has requested both the registration of a Registered Name in accordance with Paragraph 5(f)(ii)(B) ERDRP and the cancellation of the Respondents(s) Defensive Registration(s) in accordance with Paragraph 5(f)(iii) ERDRP, and if neither Party was able to demonstrate its compliance with the applicable eligibility requirements, the Center will not refund any fees paid by either Party.
Ex Officio Proceedings
8. If an Administrative Panel has ordered the review of all of a Respondents other Phase I Defensive Registrations pursuant to Paragraph 5(f)(iii) of the ERDRP and Paragraph 15(f) of the ERDRP Rules, the Respondent shall pay the applicable total fee to the provider (Paragraph 19(a)(iii) of the ERDRP Rules). The amount of such fees shall be the same as the fees to be paid in a single-member-panel ERDRP proceeding. This amount depends on the number of Defensive Registrations to be reviewed. A prevailing Respondent will not receive a fee-refund.