2008-02 - Approval Process for auDRP Providers

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Policy No: 2008-02
Publication Date: 01/03/2008

Status: Current

1. BACKGROUND

1.1 This document sets out the process for becoming an auDA Approved Provider under the .au Dispute Resolution Policy (auDRP).

1.2 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 Each proceeding under the auDRP will be administered by an independent, auDA-approved provider of dispute resolution services.

2. APPROVAL PROCESS

2.1 Organisations wishing to become auDRP providers should take the following steps:

a) become familiar with the auDRP and auDRP Rules, and auDA's Domain Name Eligibility and Allocation Policy Rules for All Open 2LDs (available on the auDA website at http://auda.org.au/policies/current-policies); and
b) submit an application, providing the information requested in Sections A and B of this document, to:

Chief Policy Officer
.au Domain Administration Ltd
114 Cardigan Street
CARLTON  VIC  3053
AUSTRALIA

or

email to info@auda.org.au

2.2 All information submitted to auDA will remain confidential.

3. INFORMATION FOR APPLICANTS

3.1 Organisations wishing to become auDRP providers should note the following information:

a) auDA requires that all listed panelists are Australian citizens or Australian residents, or otherwise able to demonstrate knowledge and experience of the Australian Domain Name System (DNS);
 
b) auDA will provide initial training and support to listed panelists with respect to the auDRP (and ongoing training and support, depending on demand);
c) the fee to be paid to the provider under paragraph 19 of the auDRP Rules is AUD$2,000 for a single member panel, and AUD$4,500 for a three member panel; and
d) auDA will publish all auDRP decisions on its website.

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; and
b) applicant's supplemental rules and internal procedures should demonstrate that applicant understands the workings of the auDRP, 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 Website 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 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.

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.

B.6 Documentation of the applicant's proposed internal operating procedures with respect to auDRP proceedings.

B.7 A statement of the applicant's administrative capacity in terms of number of proceedings initiated on a monthly basis.

B.8 A commitment to provide auDA with copies of all decisions of panels in proceedings the applicant administers.