[council] Lead Networks Files for Arbitration
[To: ga[at]gnso.icann.org; announce[at]gnso.icann.org
[To: liaison6c[at]gnso.icann.org; council[at]gnso.icann.org]
[To: regional-liaisons[at]icann.org]
Lead Networks Files for Arbitration
http://www.icann.org/en/announcements/announcement-2-05aug09-en.htm
5 August 2009
On Friday, 24 July 2009, Lead Networks Domains Pvt. Ltd. ("Lead Networks")
began the process of commencing an arbitration proceeding with the American
Arbitration Association ("AAA") challenging ICANN's decision to allow the RAA
to expire without renewal because of Lead Networks' failure to comply with the
requirements of its RAA
http://www.icann.org/correspondence/burnette-to-malik-14jul09-en.pdf [PDF,
74K].
In its filing to initiate arbitration, Lead Networks requested that ICANN and
the arbitration panel stay the non-renewal until an arbitration decision is
rendered. Although Lead Networks allowed the RAA to expire before seeking to
arbitrate, ICANN has determined that a temporary stay is warranted in this case
to protect affected registrants and users. Lead Networks will be reinstated as
a registrar effective Tuesday, 04 August 2009.
Guidance is provided below for registrants who may be affected by this
arbitration action.
Frequently Asked Questions
Q. How are registrants affected by Lead Networks' arbitration filing?
A. Your domain names will remain with Lead Networks until the arbitration panel
renders its decision or until you choose to transfer your domain name. In other
words, during the arbitration, Lead Networks will operate as an
ICANN-accredited registrar pursuant to the RAA and shall be required to comply
with all contract provisions, the Uniform Domain Name Dispute Resolution Policy
( "UDRP"), and the transfer policy.
Q. What happens if I have a pending UDRP administrative proceeding involving a
domain name sponsored by Lead Networks?
A. Continue with the proceedings, as you do not need to do anything additional
right now. Lead Networks will continue to be obligated to perform under the RAA
and, thus, will be required to enforce the decision once panel provides its
ruling.
Q. What happens if I won a UDRP administrative proceeding involving a domain
name sponsored by Lead Networks?
A. In accordance with the RAA, Lead Networks is required to enforce the
arbitration panel's decision unless the registrant provides evidence of a
lawsuit against the complainant in a court of mutual jurisdiction within 10
business days of the issuance of the UDRP decision. If Lead Networks has not
enforced the decision, please immediately submit a report pursuant to the UDRP
Intake Report System at http://www.internic.net/UDRPIntakeReportSystem.html.
Please be sure to complete all fields and follow all prompts.
Q. What action is ICANN planning to take?
A. During the arbitration process, ICANN intends to aggressively defend its
decision not to renew the RAA with Lead Networks.
Q. How long will it take to complete the arbitration?
A. Arbitration is unpredictable. ICANN hopes and will request that the
arbitration panel conclude the arbitration as quickly as possible, but it could
be several months before an arbitration decision is rendered.
Q. What affect does the arbitration filing have on ICANN's previously announced
bulk transfer process?
A. ICANN will continue to complete the process pursuant to the De-Accredited
Registrar Transition Procedure (posted at
http://www.icann.org/en/processes/registrars/de-accredited-registrar-transition-procedure-01oct08.pdf
[PDF, 119K]) in order to be prepared to authorize a bulk transfer of the names
upon conclusion of the arbitration, if necessary and such a transfer would
promote the community interest.
Q. I have read everything above, but still have some questions about my domain
name. Whom should I contact?
A. You should contact Lead Networks first with any issues. If you are still not
able to get answers to your questions, please contact ICANN's contractual
compliance team at compliance@xxxxxxxxxx
Glen de Saint Géry
GNSO Secretariat
gnso.secretariat@xxxxxxxxxxxxxx
http://gnso.icann.org