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MYDRP  »   Dispute Procedures

 What is a Provider? What role does a Provider play in the dispute resolution process? Who is the Provider in Malaysia?

Provider is a body that offers domain name dispute resolution services in accordance with the MYDRP Policy and Rules.

A Provider will manage the entire domain name dispute resolution process, including receiving all relevant documents from the Complainant and Respondent, appointing the persons (Panellists) who will make the decision in respect of a Complaint, communicating with the Complainant, Respondent, Panellists and MYNIC Berhad.

For .my domain name disputes, the Provider is the Regional Centre For Arbitration Kuala Lumpur (www.aiac.world). They can be reached at tel: 2271 1000, fax: 2271 1010 and e-mail: dndr@aiac.world.

 What role does MYNIC play in the dispute resolution process?

MYNIC does not play a role in the dispute resolution process other than to enforce the decisions passed to MYNIC by the Provider in accordance with the MYDRP Policy and Rules.

 How is a Proceeding initiated?

The Complainant initiates a Proceeding by submitting a complaint in respect of the Respondent’s registration and/or use of a domain name to the Provider. The Complainant then pays the Provider the fees, following which the Provider sends the complaint to the Respondent.

The Respondent in turn submits a response to the Provider. The response must specify why the Respondent should be allowed to keep the registration and use of the domain name(s). The Complainant may reply to the response, after which a Panel will be appointed by the Provider to decide the Proceeding.

 Can the Provider request modifications to the complaint?

When the Provider finds a complaint incomplete or not in compliance with the MYDRP Policy and Rules, the Provider will notify the Complainant accordingly. A Complainant has 5 working days to make the necessary corrections and resubmit the complaint to the Provider.

 What language(s) are Proceedings conducted in?

Proceedings are conducted in either Bahasa Melayu or English. The Panel however, will accept evidence in languages other than the above, as long as it is accompanied by a duly certified translation of the evidence in either Bahasa Melayu or English.

 Are there alternatives to these Proceedings?

We encourage the Complainant and Respondent to attempt to resolve the dispute among themselves before commencing a Proceeding. In cases where the Complainant and Respondent fail to do so and do not want to resolve the dispute by way of a Proceeding, the domain name dispute can be resolved by proceedings before a Malaysian Court, arbitration or through any other dispute resolution process agreed to by the Complainant and Respondent.. These alternatives may be sought at any time, regardless of whether the Proceeding has commenced, concluded or otherwise.

 Can a Respondent transfer registration of the domain name to a third party during a Proceeding?

No. The Respondent cannot transfer the registration of a domain name to any third party during the Proceeding and 15 working days after conclusion of the same (Please refer to paragraph 17 of MYDRP Policy for further details).

 Can a Complainant "settle" the domain name dispute with the Respondent?

If the Complainant and Respondent agree on a settlement, they must immediately inform the Provider and/or the Panel as provided in the MYDRP Rules (please refer to rule 19.1), so long as it is before a decision is made by the Panel. The Complainant and Respondent must supply the Panel and/or Provider with a written and signed agreement of the settlement. Once the Panel and/or Provider receive the agreement, the Proceeding will be terminated.

 Will I know who my Panellists are?

Certainly. Our MYDRP Policy and Rules necessitate that Providers maintain and publish a list of its Panellists on its web site. The list must specify Panellists’ qualifications and contact details.

 How many Panellists will participate in a Proceeding?

Either one or three Panellists will conduct a Proceeding. The Complainant has a choice of having the Proceeding decided by either a single-member or three-member Panel. Additionally, where the Complainant has chosen a single-member Panel, the Respondent may choose to have the Proceeding decided by a three-member Panel, subject to the Respondent paying for half of the Fees for the three-member Panel.

 How does the Panel decide a Proceeding?

The Panel decides a Proceeding upon reviewing the documents and evidence submitted by the Parties, the MYDRP Policy and Rules as well as any other rules and principles of the relevant applicable law. The Panel is not bound by previous decisions of other Panels.

 How can I be sure the Panellists are impartial and fair in deciding the Proceeding?

Each Panellist is required to supply the Provider with a Declaration of Impartiality and Independence. This Declaration will be evidence of the Panellist’s impartiality and independence in deciding a Proceeding.

 What are "in-person hearings"? Are they permitted during the course of the Proceeding?

Examples of in-person hearings are telephone, video or web conferences. In-person hearings are generally disallowed during a Proceeding, except in exceptional circumstances. In such cases, the Panel will decide if it’s necessary to conduct in-person hearings, and even then only when both Parties are present.

 How and when will the Parties be informed of the Panel's decision?

The Panel will forward its decision to the Provider within 14 working days after it has received the file containing the Complaint, Response and/or Reply from the Provider. The Provider will then inform the Parties and  MYNIC Berhad Panel’s of the decision for its further action. The decision will then be published in full over the Internet by the Provider.

 What if the Complainant succeeds in the Proceeding and the Respondent is not satisfied with the Panel's decision?

In such an event, the Respondent may commence court action or any alternative dispute resolution process against the Complainant with respect to the subject matter of the Proceeding. This must be done within 10 working days from the date the Provider informs MYNIC Berhad of the Panel’s decision, failing which, MYNIC Berhad will proceed to implement the decision of the Panel.

 Can a Complainant claim an award of damages or payment of compensation from the Respondent as a part of a Proceeding?

No. Any claim for damages or compensation must be made through either court action or arbitration proceedings as the Panel has no power to make such awards.

In the context of a Proceeding, the only remedies available to the Complainant are the transfer of the registration of the domain name to the Complainant or deletion of the registration of the domain name.

 What steps are involved after the Panel allows for the registration of the domain name to be transferred?

The transfer process begins with the generation of a Domain Name Registration Form to the Complainant via e-mail. The Registrant must have a local presence and comply with existing rules and regulations.

Once the Registration Form is completed and returned to MYNIC Berhad, a Confirmation Form is sent via e-mail to the administrative and technical contacts appointed by the Complainant. Supporting documents (please refer to Supporting Documents for type of documents needed) are also required with the submission of the completed Confirmation Form.

 How long would the whole process take?

The whole process should not take more than 10 working days.

 What would happen should MYNIC not receive both the Domain Name Registration Form and Confirmation Form after the 10 working days period?

MYNIC will send a notice to notify the administrative and technical contacts appointed by the Complainant on the expiry of the transfer process. The domain name will then be released to the public.