ICANN New gTLD Dispute Resolution

In an effort to protect and support a stable Internet, the Internet Corporation for Assigned Names and Numbers (“ICANN”) has implemented a programme for the introduction of new generic Top-Level Domain Names (“gTLDs”). All disputes arising out of the application for new gTLDs will be resolved following the programme’s dispute resolution procedure: the New gTLD Dispute Resolution Procedure.

The New gTLD Dispute Resolution Procedure is administered by three institutions: the International Centre for Dispute Resolution (ICDR), the ICC International Centre for ADR (Centre) and the Arbitration and Mediation Centre of the World Intellectual Property Organization (WIPO).

The Centre will administer the Procedure under the ICC Rules for Expertise, which has been in force as of 1 January 2003. The Rules are supplemented by a Practice Note on the Administration of Cases under the Procedure under the New gTLD Dispute Resolution Procedure.

The Procedure provides that Objections to a gTLD application can be filed on four different grounds:

  1. String confusion Objection – when the Objector alleges that the applied-for gTLD string is confusingly similar to an existing top-level domain or to another applied-for gTLD string in the same round of applications. ICDR will administer disputes arising on this ground.
  2. Legal Rights Objection – when the Objector alleges that the applied-for gTLD string infringes on the existing legal rights of the Objector. WIPO will administer disputes arising on this ground.
  3. Limited Public Interest Objections – when the Objector alleges that the applied-for gTLD string is contrary to generally accepted legal norms of morality and public order that are recognised under international principles of law. The Centre will administer disputes arising on this ground.
  4. Community Objection – when the Objector alleges that there is substantial opposition to the gTLD application from a significant portion of the community to which the gTLD string may be explicitly or implicitly targeted. The Centre will administer disputes arising on this ground.

Further information about the specificities of each of the four Objection grounds, as well as on the standing to object, are available in Module 3 to the New gTLD Applicant Guidebook published by ICANN, the New gTLD Dispute Resolution Procedure published by ICANN and via ICANN’s website.

procedure
New gTLD Dispute Resolution Procedure

The different stages of a case filed pursuant to the New gTLD Dispute Resolution Procedure with the ICC International Centre for ADR ("Centre") are set out here.

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file a response
How to file a response

The ICC International Centre for ADR ("Centre") will invite the party against whose application for Objection was filed to file a Response.

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Model Dispute Board Member Agreement
How to file an objection

A party wishing to object to an application for a gTLD on the grounds of Limited Public Interest Objections or Community Objections must file its Objections with the ICC International Centre for ADR ("Centre").

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Clauses
Pending cases

In line with the New gTLD Dispute Resolution Procedure, ICC has published below a list of all the registered Objections filed with the ICC International Centre for ADR.

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Cost and payment
Costs & payment

The costs of a Procedure will consist of: the fees of the Expert(s), the expenses of the Expert(s) and the administrative expenses of ICC.

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Expert determinations
Expert determinations

All Expert Determinations rendered by the Expert Panels having acted in new gTLD related disputes pursuant to the New gTLD Dispute Resolution Procedure set out by ICANN and the ICC Rules for Expertise are published below.

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