2002-05 - Approval Process for Service Providers under the auDRP and AAP

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Policy No: 2002-05
Publication Date: 24/04/2002
Status: Replaced by Policy No 2002-23

1. BACKGROUND

1.1 This document sets out auDA's policy on the process for becoming an auDA Approved Provider under the .au Dispute Resolution Policy (auDRP) and the .au Domain Name Application Appeals Process (AAP).

1.2 The auDRP was adopted by the auDA Board on 13 August 2001 and became operational on ## XX 2002. The purpose of the auDRP is to provide a cheaper, speedier alternative to litigation for the resolution of disputes between the registrant of a .au domain name and a party with competing rights in the domain name.

1.3 The AAP was adopted by the auDA Board on 8 October 2001 and became operational on ## XX 2002. The purpose of the AAP is to provide an independent review mechanism for people whose application for a .au domain name has been declined by an auDA Accredited Registrar.

1.4 Each proceeding under the auDRP and the AAP will be administered by an auDA Approved Provider.

2. APPROVAL PROCESS

2.1 Organisations wishing to become auDA Approved Providers under the auDRP and the AAP should take the following steps:

a) become familiar with the auDRP and Rules, the AAP and Rules, and auDA's Domain Name Eligibility and Allocation Policy Rules; and

b) submit an application, providing the information requested in Sections A and B of this document, to:

Ms Jo Lim
Chief Policy Officer
.au Domain Administration Ltd
107 Faraday Street
CARLTON VIC 3053
AUSTRALIA

or email to jo.lim@auda.org.au

2.2 All information submitted to auDA will remain confidential.

3. INFORMATION FOR APPLICANTS

3.1 Organisations wishing to become auDA Approved Providers under the auDRP and the AAP should note the following information:

a) auDA requires that all listed panelists are Australian citizens or Australian residents;

b) auDA will provide initial training and support to listed panelists with respect to the auDRP and the AAP (and ongoing training and support, depending on demand);

c) the following standard fee schedule will apply to all Approved Providers:

i) fee to be paid by the Complainant to the Provider under paragraph 19 of the auDRP Rules: $1,500 AUD;

ii) fee to be paid by the Complainant to the Provider under paragraph 19 of the AAP Rules: $400 AUD; and

d) auDA will publish all auDRP and AAP decisions on its web site.

3.2 In general, auDA examines the applications to determine whether the Applicant has demonstrated its ability to handle proceedings in an expedited, online context in an orderly and fair manner. Attributes that are especially important include:

a) Applicant should have a track record in competently handling the clerical aspects of alternative dispute resolution (ADR) proceedings. In the absence of a well-established track record, a detailed plan for providing those abilities should be submitted.

b) Applicant's supplemental rules and internal procedures should demonstrate that Applicant understands the workings of the auDRP and the AAP, and the policy environment for .au domain names.

SECTION A: GENERAL INFORMATION

A.1 Name and address of Applicant organisation.

A.2 Telephone and facsimile numbers and email address of Applicant.

A.3 Web site URL of Applicant.

A.4 Name of Applicant’s contact person.

A.5 Telephone and facsimile numbers and email address of contact person, if different from A.2.

SECTION B: BUSINESS INFORMATION

B.1 An overview of the Applicant's capabilities and background in providing ADR services in Australia, including a description of the Applicant's track record of handling the clerical aspects of expedited ADR proceedings.

B.2 A list of the names and qualifications of the panelists the Applicant proposes to include on its published list.

B.3 A description of any training and educational measures the Applicant proposes to use for listed panelists with respect to the auDRP and the APP.

B.4 A commitment by the Applicant not to prevent or discourage any of its listed panelists from serving as panelists for other Approved Providers.

B.5 A copy of the Applicant's proposed supplemental rules for the auDRP and the AAP.

B.6 Documentation of Applicant's proposed internal operating procedures.

B.7 A proposed schedule for Applicant's implementation of its program for administering proceedings under the auDRP and the AAP, including a statement of Applicant's administrative capacity in terms of number of proceedings initiated on a monthly basis.

B.8 A statement of any requested limitations on the number of proceedings that Applicant handles, either during a start-up period or on a permanent basis.

B.9 A commitment to provide auDA with copies of all decisions of panels in proceedings the Applicant administers.