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 below.
We remind parties to carefully read through all relevant documents when preparing to file an Objection or a Response—in particular the New gTLD Dispute Resolution Procedure from ICANN, the Rules for Expertise of the ICC and the ICC Practice Note on the Administration of Cases under the New gTLD Dispute Resolution Procedure.
How to get started
Step 1: Filing of an Objection
The Objection Period has started on 13 June 2012. Since then, a person or entity can decide to object to one of the applications filed. According to current information, the Objection Period will end on 13 March 2013.
If the Objection is based on the ground of a Limited Public Interest Objection or a Community Objection, the Objector must file its Objection with the Centre.
Step 2: Administrative review of the Objection
The Centre will conduct an administrative review of the Objection to ensure its compliance with the ICC Rules for Expertise, the ICC Practice Note on the Administration of Cases under the Procedure and the New gTLD Dispute Resolution Procedure of ICANN. If the Objection does not comply, the Centre will invite the Objector to correct any deficiencies within five days.
Step 3: Compliance of the Objection with the Requirements
Once the Objection complies with all requirements, the Centre will confirm that the Objection will be registered for processing.
The Centre will post on its website the:
- names of the Objector and the Applicant,
- grounds for the Objection; and
- date of the Centre’s receipt of the Objection.
The Centre shall inform ICANN about the Objections received.
From this time onwards, the Centre—as the case may be—might consider to consolidate certain Objections.
Step 4: ICANN’s Announcement
Within 30 days of the deadline for the filing of Objections, ICANN will publish on its website a list with all admissible Objections.
The deadline for the filing of Objections will be around seven months after the opening of the Objection Period. ICANN will announce the exact date in due course.
Step 5: Response by the Applicant
Following ICANN’s publication of all admissible Objections, the Centre will invite the Applicant to file a Response within 30 days.
Step 6: Estimation of Costs
Upon receipt of the Response, the Centre will estimate the total costs of the proceedings and fix a deposit that the parties will each be invited to pay within ten days.
If the Applicant fails to pay the deposit within this time limit, the Objection will be deemed to have been sustained. If the Objector fails to pay the deposit within this time limit, its Objection is dismissed.
Step 7: Appointment of the Expert(s) Panel
The Centre will select and appoint an Expert Panel within 30 days after receipt of the Response.
Step 8: Transfer of the file
After receipt of the parties’ payments, the Centre will transfer the file to the Expert Panel.
Step 9: Submission of Draft Expert Determination and Scrutiny Process
Unless the Expert Panel has requested a time extension from the Centre, the Expert Panel shall submit its draft Expert Determination to the Centre for scrutiny within 45 days following receipt of the file.
The Centre will scrutinise the Expert Panel’s draft Expert determination and the Centre may lay down modifications as to the form of such an Expert Determination.
Step 10: Notification of the Expert Determination to the Parties
Once the Expert Panel has considered any comments that the Centre may communicate to it, it shall issue the final Expert Determination and send it to the Centre. The Centre will then notify it to the parties.
ICC Rules and supplements:
- ICC Rules for Expertise
- ICC Practice Note on the Administration of Cases
- Appendix III to the ICC Expertise Rules, Schedule of Expertise costs for proceedings under the New gTLD Dispute Resolution Procedure
- Explanatory Note regarding the financial aspects of cases administered by the International Centre for Expertise of the ICC pursuant to the new gTLD dispute resolution procedure
- Note on Personal and Expert Panel’s Expenses or Proceedings Related To The New gTLD Dispute Resolution
ICC Model Forms (download in PDF format)
Please note: New Model Forms available as of 19 February 2013 :
ICANN Rules and Guidebook: