March 12th, 2014
DOMAINERS BEWARE! The new URS – PART III

This is the Third Part of a Series on the URS which governs all new gTLDs.
The URS (Uniform Rapid Suspension System) is intended to offer a lighter complement to the existing UDRP (Uniform Domain Name Dispute Resolution Policy). All of the new gTLD extensions are subject to the URS Rules. If you are going to invest in any of the new gTLDs that will be flooding the market, you need to be aware of how these new rules will effect your investments.

PART I – What is the URS and how does it differ from the UDRP? Can be found here –

DOMAINERS BEWARE! The new gTLD extensions are all subject to the new URS. How will that effect you?

PART II – What should you, the Respondent in a URS Action, do if you are served with a Complaint?

DOMAINERS BEWARE! The new URS – PART II

PART III – Who are the Panelists, now known as Examiners?

Unlike the UDRP, there is only one Examiner who is appointed by the Provider (WIPO or NAF). Alist of the panelists is published here http://domains.adrforum.com/panel.aspx, but it doesn’t really matter as neither party has any say on who will be appointed.

The National Arbitration Forum has published its Supplemental Rules which is very clear on the qualifications of its examiners.

(a) All Forum Examiners will take an oath to be neutral and independent.

(b) A Examiner will be disqualified if circumstances exist that create a conflict of interest or cause the Examiner to be unfair and biased, including but not limited to the following:

(i) The Examiner has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;

(ii) The Examiner has served as an attorney to any party or the Examiner has been associated with an attorney who has represented a party during that association;

(iii) The Examiner, individually or as a fiduciary, or the Examiner’s spouse or minor child residing in the Examiner’s household, has a direct financial interest in a matter before the Examiner;

(iv) The Examiner or the Examiner’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:

(1) Is a party to the proceeding, or an officer, director, or trustee of a Party; or
(2) Is acting as a lawyer or representative in the proceeding.

(c) A party may challenge the selection of a Examiner, provided that a decision has not already been published, by filing with the Forum a written request stating the circumstances and specific reasons for the disqualification.

(d) A request to challenge must be filed in writing with the National Arbitration Forum within one (1) Business Day of the date of receipt of the notice of the selection.

(e) Provided a Determination has not already been published by the selected Examiner, the Forum will promptly review the challenge and determine whether circumstances exist requiring Examiner disqualification in accord with this rule. The decision of the Forum is not subject to appeal.

What this all means is that if you don’t like the Examiner who has been appointed to hear your URS case, you have one day to state your challenge to the Examiner and your basis for doing so must be one of the reasons outlined above. If not, you’re toast!

However, unlike the UDRP, there is an Appeal process which we will discuss in Part IV.

Thanks for “listening”

Howard