(the "WIPO lvDRP Supplemental Rules")
(In effect as of October 1, 2024)
1. Scope
2. Definitions
3. Communications
4. Submission of Complaint and Annexes
5. Formalities Compliance Review
6. Appointment of Case Administrator
7. Submission of Response
8. Expert Appointment Procedure
9. Declaration
10. Fees
11. Word Limits
12. File Size and Format Modalities
13. Settlement
14. Amendments
15. Exclusion of Liability
1. Scope
(a) Relationship to Rules. These WIPO lvDRP Supplemental Rules are to be read and used in connection with the Rules for .LV Domain Name Dispute Resolution Policy (“Rules”).
(b) Version of WIPO lvDRP Supplemental Rules. The version of these WIPO lvDRP Supplemental Rules as in effect on the date of the submission of the complaint shall apply to the alternative dispute resolution proceeding commenced thereby.
2. Definitions
Any term defined in the Rules shall have the same meaning in these Supplemental Rules.
3. Communications
(a) Modalities. Subject to Paragraphs 3.2. and 5.3. of the Rules, except where otherwise agreed beforehand with the Center, any submission that may or is required to be made to the Center or to an Expert pursuant to these Rules, shall be made either:
(i) by electronic mail at the email address specified by the Center; or
(ii) through the Center’s Internet-based case filing and administration system.
(b) Archive. The Center shall maintain an archive of all communications received or required to be made under the Rules.
4. Submission of Complaint and Annexes
(a) Complaint Including Annexes. The complaint including any annexes shall be submitted electronically in complete form (in accordance with paragraph 12(a) below).
(b) Complaint Notification Instructions. In accordance with Paragraph 4.3. of the Rules, the Center shall forward the complaint electronically to the Respondent and the Registry.
5. Formalities Compliance Review
(a) Deficiency Notification. The Center shall, within five (5) calendar days of receiving the complaint and the filing fee, review the complaint for compliance with the formal requirements of the Policy, Rules and WIPO lvDRP Supplemental Rules and notify the Complainant and Respondent of any deficiencies therein.
(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Center within the time period provided for in Paragraph 4.4. of the Rules (i.e., five (5) calendar days), the Center shall notify the Complainant, the Respondent and the Registry of the deemed withdrawal of the complaint.
(c) Fee Refunds. Unless the Complainant confirms its intention to re-submit a complaint to the Center following a deemed withdrawal, the Center shall refund the fee paid by the Complainant pursuant to Paragraph 19 of the Rules, less a processing fee as set forth in Annex A.
6. Appointment of Case Administrator
(a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Expert.
(b) Responsibilities. The Case Administrator may provide administrative assistance to the Expert, but shall have no authority to decide matters of a substantive nature concerning the dispute.
7. Submission of a Response
The response including any annexes shall be submitted electronically in complete form (in accordance with paragraph 12(b) below).
8. Expert Appointment Procedure
The Center shall proceed to appoint the Expert from its published list.
9. Declaration
In accordance with Paragraph 7 of the Rules, prior to appointment as an Expert, a candidate shall be required to submit to the Center a Declaration of Independence and Impartiality.
10. Fees
The applicable fees for the alternative dispute resolution procedure are specified in Annex A hereto and posted on the Center’s web site.
11. Word Limits
(a) The word limit under Paragraph 3.2.8. of the Rules shall be 5,000 words.
(b) The word limit under Paragraph 5.3.1. of the Rules shall be 5,000 words.
(c) For the purposes of Paragraph 15.4. of the Rules, there shall be no word limits.
12. File Size and Format Modalities
(a) The file size and format modalities under Paragraph 3.2. of the Rules shall be as set forth in Annex B hereto and posted on the Center's website.
(b) The file size and format modalities under Paragraph 5.3. of the Rules shall be set forth in Annex B hereto and posted on the Center's website.
13. Settlement
In accordance with Paragraph 17 of the Rules, if before Expert appointment the Parties agree on a settlement, the Parties shall notify the Center, for example by submitting the Standard Settlement Form as set forth in Annex C hereto and posted on the Center’s website. An email version of the Center’s Standard Settlement Form is also available upon request by the Parties.
14. Amendments
Subject to the lvDRP and Rules, the Center may amend these WIPO lvDRP Supplemental Rules in its sole discretion.
15. Exclusion of Liability
Except in respect of deliberate wrongdoing, an Expert, the World Intellectual Property Organization and the Center shall not be liable to a party, a concerned registrar or the .LV Registry for any act or omission in connection with the alternative dispute resolution proceeding.