Understanding Objection & Dispute Resolution
Archive
News & Views
Expert Determinations Available for Review
ICANN publishes Expert Determinations as they become publicly available.
Objection Status Information Available on Dispute Resolution Service Provider Websites
- The International Centre for Dispute Resolution – String Confusion Objections
- World Intellectual Property Organization – Legal Rights Objections
- The International Center of Expertise of the International Chamber of Commerce – Limited Public Interest, Community Objections
Understanding Objection & Dispute Resolution
Overview
The objection process is intended to afford businesses, individuals, governmental entities and communities an opportunity to advance arguments against introducing certain new gTLDs into the domain name system.
Parties with standing could file formal objections on the grounds of string confusion, legal rights, limited public interest or community opposition.
Objection Grounds, Standing and Dispute Resolution Service Provider (DRSP) Information
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String Confusion Objections
String is confusingly similar to an existing TLD or to another applied-for gTLD string - delegating two or more similar TLDs could cause user confusion- Standing: existing TLD operators or gTLD applicants in the same application round
- DRSP: The International Centre for Dispute Resolution (ICDR)
- ICDR Memorandum of Understanding [PDF, 280 KB]
- ICDR Supplementary Procedures for String Confusion Objections [PDF, 19 KB]
- IDCR Procedures for Final Review of Perceived Inconsistent or Unreasonable String Confusion Expert Determinations
-
Legal Rights Objections
String violates the legal rights of the objector- Standing: rights holders
- DRSP: World Intellectual Property Organization (WIPO)
- WIPO Memorandum of Understanding [PDF, 297 KB]
- WIPO Legal Rights Objections Rules of Procedure [PDF, 37 KB]
-
Limited Public Interest Objections
String contradicts generally accepted legal norms of morality and public order recognized under principles of international law- Standing: anyone – frivolous or abusive objections will be filtered out
- DRSP: The International Center of Expertise of the International Chamber of Commerce (ICC)
- ICC Memorandum of Understanding [PDF, 298 KB]
- ICC Explanatory Note regarding the Financial Aspects of Cases [PDF, 218 KB]
- Annex to ICC Explanatory Note regarding the Financial Aspects of Cases [PDF, 126 KB]
- ICC Practice Note on the Administration of Cases under the Procedure [PDF, 74 KB]
- Request for the administration of Expert proceedings regarding the Final Review of the Limited Public Interest Objection against Ruby Pike, LLC's application for .HOSPITAL [PDF, 341 KB]
-
Community Objections
Substantial opposition to the gTLD application exists from a significant portion of the community that the gTLD string targets- Standing: established institutions associated within a clearly defined community
- DRSP: The International Center of Expertise of the International Chamber of Commerce
- ICC Memorandum of Understanding [PDF, 298 KB]
- ICC Explanatory Note regarding the Financial Aspects of Cases [PDF, 218 KB]
- Annex to ICC Explanatory Note regarding the Financial Aspects of Cases [PDF, 126 KB]
- ICC Practice Note on the Administration of Cases under the Procedure [PDF, 74 KB]
Objections that were properly filed and passed Administrative Review necessitated an applicant response before an application could advance. An applicant could elect one of the following courses of action:
- attempt to reach a settlement with the objector
- file a formal response to the objection and enter dispute resolution
- withdraw the new gTLD application in question
Failing to respond to an objection resulted in the objector prevailing, by default.
Objections that entered the dispute resolution process were considered by a panel of qualified experts in the relevant subject area.
Archive
Dispute Announcement Published
ICANN published a list of objections that have passed the Dispute Resolution Service Providers' administrative review. Applicants had 30 days after receiving notification of an objection to file a response and pay the filing fees to the appropriate DRSP.
The International Center of Expertise of the International Chamber of Commerce Expert Appointment Process
- View Process Now [PDF, 157 KB]
Important Dates
- 11 March 2013: Close of the Government & ALAC Objection Funding Requests Window
- 13 March 2013: Close of the Objection Filing window
- 12 April 2013: Posting of all Filed Objections to ICANN site
- Mid-April 2013: DRSP Notification of Objection Filing to Applicants and Objectors
Implementation
Below find archival materials detailing how the Objection and Dispute Resolution process was implemented, listed chronologically.
14 May 2012 — Independent Objector
Professor Alain Pellet is named as the Independent Objector, a role in the objection process intended to represent the interests of the general public.
4 June 2012 — Objection Filing Process and the Applicant Guidebook
The Applicant Guidebook outlines the objection filing process and specifies objection grounds, standing and Dispute Resolution Service Providers (DRSPs). Process highlights are provided below, or you can view full specifications in the Applicant Guidebook (see section 3.2.3).
- Objections must be filed directly with DRSPs.
- Fees apply; amounts are determined by individual DRSPs. More information:
- The International Centre for Dispute Resolution
- World Intellectual Property Organization
- The International Center of Expertise of the International Chamber of Commerce
- Objection Grounds: Limited Public Interest, Community
- Fees [PDF, 117 KB]
- Practice Note [PDF, 78 KB]
29 January 2013 — Webinar: Objection and Dispute Resolution
ICANN staff, along with a representative from each DRSP, host a New gTLD Webinar to explain Objection and Dispute Resolution proceedings and provide information on how individual DRSPs will implement their processes.
February 2013 — Objection Funding Instructions
ICANN publishes instructions and forms that eligible governmental entities and the At-Large Advisory Committee may utilize to request financial assistance for costs associated with filing an objection.
13 March 2013 — Close of the Objection Filing Period
The window for filing a formal objection to a new gTLD closed on 13 March 2013 at 23:59 UTC. ICANN intends to publish a list of objections that require applicant responses in mid-April (Dispute Announcement).
27 March 2013 — Next Steps After the Close of the Objection Filing Period
27-March-2013: At the close of the Objection Filing period, over 270 objections were filed across all of the Dispute Resolution Service Providers (DRSPs). Currently, each DRSP is performing an Administrative Review on their received objections and updating their respective websites as objections pass the Administrative Review.
With the current volume of filings received, the DRSPs have requested a seven day extension to the 14 day Administrative Review and ICANN has agreed to the extension request after ensuring that this extension will not affect other deadlines. The Dispute Announcement will still occur on 12 April 2013 and soon after, each DRSP will provide formal notification of the filed objection to the Applicant and Objector. Applicants will have 30 days after the notification to file a response and pay the filing fees to the appropriate DRSP. Copies of the Applicant Responses to ICANN are optional, and may be sent to DRfiling@icann.org.