Is there any dispute resolution policy

Details: Parent Category: Faqs Root; Category: FAQs; Created on Monday, 19 January 2015 23:16; Last Updated on Monday, 19 January 2015 23:16; Published on Monday, 19 January 2015 23:16; Written by SuperUser; Hits: 2435

a) Dispute Resolution Policy

Any dispute that arises with respect to the registered domain name under the jurisdiction of BNNIC shall be advised to be resolved as per the following policy documents

BNNIC Dispute Resolution Policy (BDRP) <link>

BDRP Rules <link>

BNNIC or its Registrars shall not directly deal with any reported matters within the bounds of the above policy documents as per observed principles of neutrality and transparency.

There shall be at least one Dispute Resolution Centre (DRC) to deal with the reported disputes in accordance with BNNIC policies. Currently, the Kuala Lumpur Regional Centre for Arbitration (KLRCA, www.klrca.org.my ) is the one such facilitation centre on non-exclusive basis.

Subject to the final decision communicated by the Dispute Resolution Centre (DRC), BNNIC shall perform the required action unless an Appellate body is approached against the Panel’s decision within 10 days

BNNIC may defer the consequent action till the final decision is available from the Appellate body.

b) Dispute Resolution Process

A standard Dispute Resolution Process shall be followed by all the parties involved

The process shall proceed as per the following stages

Complaint to DRC as per BDRP, BDRP Rules and supplemental rules agreed by BNNIC

Scrutiny before admittance by DRC

Notice to Respondent(s) upon admittance

Counter-response from the Respondent(s)

Information back to the Complainant for reply

Appointment of Panel by DRC (1- or 3- Panellists)

Decision by the Administrative Panel

Information to the parties Appeal, if any Performance of action to be taken, if any All the process-steps need to observe the due timelines as per schematic <link to new page>.

The associated fees as published by current DRC- KLRCA (www.klrca.my) shall apply as per the following classification

1-member panel 100% fees payable by Complainant

3-member panel 100% fees payable by Complainant

if it is proposed by the Complainant

3-member panel 50% fees payable by Complaint

if it is proposed by the Respondent(s)

While DRC shall independently appoint single-member Panel if both complainant and respondent follow the same view

Alternatively, DRC shall independently appoint three-member Panel by selecting one Panelist each from the names referred by the complainant and respondent. The third Panelists shall also be one from the suggested Panellists.

The decision of the Panel shall be according to majority

Physical presence shall not be required at DRC unless the dispute is referred by the parties involved for mediation before formal decision is taken.

All decisions conveyed by DRC may be published by BNNIC on www.bnnic.bn