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Informal Mediation 7. Without Prejudice 8. Appointment of Expert 9. If an acceptable resolution cannot be achieved by Informal Mediation the DNC will notify the Parties that it will appoint an Expert when the Complainant has paid the applicable fees set out in paragraph B The Expert will come to a written Decision. Notification and Publication A Decision will be communicated to the Parties according to paragraph B16 and all Decisions will be published in full on the DNC website.

Fees are payable by the Complainant or otherwise according to paragraph B20 only if an acceptable resolution has not been achieved by Informal Mediation and once the DNC has notified the Parties that an Expert is to be appointed. Decisions may contain personal information, including the contact details of the Parties, and the Parties consent to personal information being displayed in this way.

Exclusion of Liability Either Party will have the right under paragraph B17 to appeal a Decision. The Appeal Panel will consider appeals on the basis of a full review of the matter and may review procedural matters.

Any Decision rendered as a result of this referral will not affect any Decision in any other previous proceedings under the Dispute Resolution Service. Appeal Decisions will not be binding precedents, but will be of persuasive value to Experts in future Decisions.

The operation of the Dispute Resolution Service will not prevent either the Complainant or the Respondent from submitting the dispute to a New Zealand court or decision-making body of competent jurisdiction or to an arbitral tribunal of competent jurisdiction. If a Complainant has obtained a Decision in previous Dispute Resolution Service proceedings it will not be reconsidered by an Expert but there may be rights of appeal, see paragraph If the Expert finds that the Complaint is a resubmission of an earlier Complaint which has been resolved he or she shall reject the Complaint without a consideration of its merits.

In determining whether a Complaint is a resubmission of an earlier Complaint, or contains a material difference that justifies the Complaint being heard the Expert shall consider the following questions: Are the Complainant, the Respondent and the Domain Name at issue the same as in the earlier case?

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Does the substance of the Complaint relate to acts that occurred prior to or subsequent to the close of submissions in the earlier case? If the substance of the Complaint relates to acts that occurred prior to the close of submissions in the earlier case, are there any exceptional grounds for the rehearing or reconsideration, bearing in mind the need to protect the integrity and smooth operation of the Policy and Procedure?

Does the substance of the Complaint relate to acts that occurred subsequent to the close of submissions in the earlier Decision? Acts on which the re-filed Complaint is based should not be, in substance, the same as the acts on which the previous Complaint was based. A non-exhaustive list of examples which may be exceptional enough to justify a re-hearing under paragraph Implementation of Expert Decisions The Expert may not, however, make any orders directing a Party to pay costs of the Dispute Resolution Service proceedings.

If the Expert makes a Decision that a Domain Name registration should be cancelled, suspended, transferred or otherwise amended, the DNC will implement that Decision by causing any necessary changes to the Register to take place according to the process set out in paragraph B The details set out in the Complaint form will be used unless the Complainant specifies other details in good time.

Other action The DNC will not cause any Domain Name registration to be cancelled transferred, activated, deactivated or otherwise changed except as set out in paragraphs 13 and B3.

Transfers During a Dispute A Domain Name registration may not be transferred: The DNC may reverse any transfer of a Domain Name registration which does not comply with paragraph The Internet is an emerging and evolving medium and the regulatory and administrative framework under which it operates is constantly developing.

For these reasons the DNC reserves the right to make reasonable modifications to the Policy and Procedure at any time. Except where the DNC is acting in pursuance of a statutory requirement or a court order, substantive changes will be implemented following a process of open public consultation.

Each such change will be published in advance where practicable, 30 calendar days in advance on the DNC website: General Information Communication B1.

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Except as set out in paragraph B1. Communication shall be made in English. E-mail communications should be sent in plain text so far as this is practicable. During the course of proceedings under the Dispute Resolution Service, if either Party wishes to change its contact details it must notify the DNC of all changes. Except as otherwise provided in this Procedure or as otherwise decided by the DNC or if appointed, the Expert, all communications provided for under this Procedure shall be deemed to have been received: Any communication except for communications relating to Informal Mediation between: The Complaint B2.

In exceptional circumstances, the ability to accept Complaints may have to be suspended. If so, a message will be posted to that effect on the DNC website which will indicate when the suspension is likely to be lifted.

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More than one person or entity may jointly make a Complaint. Where this occurs the joint Complainants must: The Complainant must send the Complaint to the DNC in hard copy and except to the extent not available for attachments in electronic form. The Complaint shall: This Complaint is not being presented in bad faith, including not being for a dominant purpose other than resolving the issue of who the proper Registrant of a Domain Name is, and the matters stated in this Complaint comply with the Policy and Procedure and applicable law.

I will advise the DNC of my decision on request. The Complaint may relate to more than one Domain Name, provided that those Domain Names are registered in the name of the Respondent.

Notification of Complaint B3. The DNC will check that the Complaint sufficiently complies with the Policy and, if satisfied, this Procedure and, if so, will forward it to the Respondent together with an explanatory coversheet within three 3 Days of the receipt of the hard copy of the Complaint. If the DNC considers that the Complaint does not sufficiently comply with the Policy and this Procedure, the Complainant will be promptly notified of the deficiencies identified.

The Complainant shall have three 3 Days from receipt of notification within which to correct the deficiencies and return the Complaint, failing which the DNC will deem the Complaint to be withdrawn. This will not prevent the Complainant submitting a different Complaint. On receipt of the Complaint the DNC will cause the domain name to be locked until the Conclusion of the proceedings, at which time the domain name will be unlocked.

The Response B4. Within fifteen 15 Days of the date of Commencement of Dispute Resolution Service proceedings, the Respondent shall submit a Response, if they choose to do so. The Respondent must send the Response to the DNC signed, and in hard copy and except to the extent not available for attachments in electronic form at the addresses set out in the explanatory coversheet.

The Response shall: If the Respondent does not submit a Response, the Parties will be notified that an Expert will be appointed on receipt from the Complainant of the applicable fees according to paragraph B20 and in the absence of exceptional circumstances.

Reply by the Complainant B5. The Reply should be confined to answering any new points raised in the Response and not previously dealt with in the Complaint.

The Expert will not be obliged to consider any other material included in the Reply.

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If a Reply is submitted it must be submitted in signed, hard copy including four 4 copies of all annexes and as far as possible in electronic form. Informal Mediation B6. No Informal Mediation will occur if the Respondent does not file a Response. Informal Mediation will be conducted in a manner which the DNC, at its sole discretion, considers appropriate. Negotiations conducted between the Parties during Informal Mediation including any information obtained from or in connection to negotiations shall be confidential as between the Parties, the Mediator and the DNC.

Any such information will not be shown to the Expert. Neither the DNC nor the Mediator nor any Party may reveal details of such negotiations to any third parties unless a court or decision-making body of competent jurisdiction orders disclosure, or the DNC, the Mediator or either Party are otherwise required to do so by applicable laws or regulations.

Neither Party shall use any information gained during mediation for any ulterior or collateral purpose or include it in any submission likely to be seen by any court or decision-making body of competent jurisdiction or arbitral tribunal of competent jurisdiction in this dispute or any later dispute or litigation.

Notwithstanding paragraph B6. If the Parties reach a settlement during Informal Mediation then the existence, nature and terms of the settlement shall be confidential as between the Parties, the Mediator and the DNC, unless the Parties specifically agree otherwise, a court or decision-making body of competent jurisdiction orders otherwise, or applicable laws or regulations require it.

No binding verbal agreements can be reached as part of the Informal Mediation: Any action to be taken by the Registrar will be completed by it as soon as possible, and no later than three Days, after receiving notice from the DNC. If the Parties do not achieve an acceptable resolution through Informal Mediation within ten 10 Days, the DNC will send notice to the Parties that it will appoint an Expert when the Complainant has paid the applicable fees set out under paragraph B The Expert will be told whether or not Informal Mediation occurred, but will not be told what happened during Informal Mediation or why it failed to resolve the dispute.

No Party may ask the DNC including its officers, employees, contractors, agents and any Expert or Mediator to reveal information or materials gained as a result of any Informal Mediation under the Dispute Resolution Service unless such disclosure has been ordered by a court or decision-making body of competent jurisdiction.

Neither Party shall call the Expert, Mediator or the DNC including its officers, employees, contractors, or agents as a witness either in person or to produce documents or other materials in any proceedings which arise from, or are in connection with, the matters discussed in the mediation.

Appointment of the Expert and Timing of Decision B7. Within five 5 Days of the receipt of the applicable fees from the Complainant the DNC will appoint an Expert on a rotational basis from its list of Experts. Once the Expert has been appointed, the Parties will be notified of the name of the Expert appointed and the date by which, except in exceptional circumstances, the Expert will forward his or her Decision to the DNC. Impartiality and Independence B8.

The DNC will have the discretion to appoint a substitute Mediator or Expert if necessary in which case the timetable will be adjusted accordingly. Communication Between Parties and the Expert B9. A Party and the Expert must not communicate directly. Transmission of the File to the Expert B The DNC, or the Expert if appointed, may in exceptional cases extend any period of time in proceedings under the Dispute Resolution Service.

The Expert shall determine the admissibility, relevance, materiality and weight of the evidence. Further Statement B In addition to the Complaint, the Response and if applicable the Reply, any appeal notice and appeal notice response, the Expert may request further statements or documents from the Parties. The Expert will not be obliged to consider any statements or documents from the Parties which he or she has not received according to the Policy or this Procedure or which he or she has not requested.

The Expert may request that a further statement be limited to a defined topic, and the Expert will not be obliged to consider any material beyond that requested.

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Any communication with the DNC intended to be passed to the Expert which is not part of the standard process e. Any non-standard submission must contain as a separate, first paragraph, a brief explanation of why there is an exceptional need for the non-standard submission.

Часть 2: Коды административных образований стран Элементы: Источник — https: Скрытые категории: Статьи с переопределением значения из Викиданных ПРО: Статьи по алфавиту ПРО: Последняя правка: Пространства имён Статья Обсуждение. Эта страница в последний раз была отредактирована 10 июля в Текст доступен по лицензии Creative Commons Attribution-ShareAlike ; в отдельных случаях могут действовать дополнительные условия.

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