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1. What is the Singapore Domain Name Dispute Resolution
Policy ("SDRP") and what is the purpose of introducing the SDRP?
The SDRP provides a framework for resolving ".sg" domain name
disputes between a ".sg" domain name Registrant and any party
other than the Singapore Network Information Centre (SGNIC)
Private Limited ("SGNIC"). The purpose of the
SDRP is to provide a cheaper and quicker mechanism than court
proceedings for parties to resolve disputes concerning the use
of ".sg" domain names. 2. How does the SDRP
work? A party who wishes to challenge a ".sg"
domain name registration has to lodge a Complaint with the
Secretariat for the Singapore Domain Name Dispute Resolution
Service, which is the dispute resolution service provider under
the SDRP. The Secretariat is jointly operated by the Singapore
Mediation Centre and the Singapore International Arbitration
Centre. The Secretariat will appoint an
Administrative Panel to resolve the dispute through an
administrative proceeding. If the parties agree to resolve the
dispute by mediation, the Administrative Panel will first
facilitate discussions between the parties to help them resolve
the dispute amicably. If either party does not agree to
mediation, or if the parties are unable to resolve the dispute
amicably though mediation, the Administrative Panel will decide
the dispute.
The decision of the Administrative Panel will be implemented by
SGNIC, unless a party is dissatisfied with the panel's decision
and applies to the court for the dispute to be decided by the
court. 3. How can I tell whether another
party is challenging the registration of my domain name?
You will receive a "Complaint Transmittal Coversheet" from both
the Secretariat and the party who is challenging your domain
name registration (the "Complainant"), informing you that a
Complaint has been filed against your domain name registration.
If you do not receive such a notification from the Secretariat,
there is no challenge to the registration of your domain name.
4. Is there any fee involved and who has to pay for the fee?
The amount of the fee payable to the Secretariat would depend on
the number of domain names included in the Complaint and whether
the parties choose a single panellist or three panellists for
the Administrative Panel. The following schedule of fees applies
to all domain name administrative proceedings under the
Singapore Domain Name Dispute Resolution Service:
|
Single Panellist |
|
Number
of domain names
included in the Complaint |
Fee (in
Singapore dollars) |
|
1
to 5 |
2,750 |
|
6
to 10 |
3,500 |
|
11
to 15 |
4,250 |
|
More
than 15 |
To be
decided in consultation with
the Secretariat |
|
Three Panellists |
|
Number
of domain names
included in the Complaint |
Fee (in
Singapore dollars) |
|
1
to 5 |
5,500 |
|
6
to 10 |
7,000 |
|
11
to 15 |
8,500 |
|
More
than 15 |
To be
decided in consultation with
the Secretariat |
Generally, the Complainant will have to pay
the fee. However, if the Complainant has asked
for a single member Administrative Panel and the Registrant
elects to have the dispute decided by a three-member
Administrative Panel, the Registrant must bear one-half of the
fee for the three-member Administrative Panel.
5. Can I commence court proceedings and administrative
proceedings under the SDRP at the same time?
The SDRP does not prevent the parties from submitting a ".sg"
domain name dispute to a Singapore court for determination by
the court. However, the parties are precluded from commencing
the court proceedings while an administrative proceeding is
pending in respect of the disputed domain name.
If court proceedings are initiated before an administrative
proceeding is commenced, the Administrative Panel has the
discretion to decide whether to suspend or terminate the
administrative proceeding, or to proceed to a decision.
6. Can I make use of the SDRP if I wish to raise a Complaint
in respect of domain names other than ".sg" domain names?
No, you cannot. The SDRP applies only to ".sg" domain name
disputes. For more information on resolving
domain name disputes in respect of domain names involving top
level domains other than ".sg", you may visit the website of the
Internet Corporation for Assigned Names and Numbers ("ICANN") at
http://www.icann.org/ |
