Step 1: Filing a complaint
Any person or entity may initiate an arbitration proceeding by submitting a Complaint to the .IN Registry in accordance with the Dispute Resolution Policy and these Rules of Procedure.
The envelopes containing the Complaint should be clearly super scribed on the right hand side corner the .in domain name in dispute and the complainant number. The Complaint should be addressed to:
c/o NIXI (National Internet eXchange of India)
Regd. Office: Incube Business Centre, 5th Floor
18, Nehru Place
New Delhi 110019
Tel: +91 11 3061 4624 / 4625
Fax: +91 11 3061 4629
Or any other address that may be published on the Registry’s website from time to time.
The Complaint and the annexures attached to it should be submitted in hard copy and as far as possible in electronic form also and shall incorporate the following:
i. A request that the Complaint be submitted to arbitration in accordance with the Dispute Resolution Policy and the Rules framed thereunder,
ii. state the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorised to act for the Complainant in the arbitration proceeding and also specify a preferred method of communication to it i.e. by email, postal mail or facsimile.
iii. provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent including contact information based on any pre-Complaint dealings, to allow the .IN Registry to send the Complaint to the Respondent.
iv. specify the domain name which is the subject of the Complaint;
v. specify the trademark(s) or service mark(s) on which the Complaint is based and, for each mark, describe the goods or services, if any, with which the mark is used. The Complainant may also separately describe other goods and services with which it intends, at the time the complaint is submitted, to use the mark in the future;
vi. describe, in accordance with the Domain Name Dispute Resolution Policy, the grounds on which the Complaint is made including, in particular: –
1. the manner in which the domain name in question is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
2. why the Respondent should be considered as having no rights or legitimate interests in respect of the domain name that is the subject of the Complaint; and
3. why the domain name in question should be considered as having been registered and being used in bad faith.
vii. Specify, in accordance with the Dispute Resolution Policy, the remedies sought;
viii. Identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name that is the subject of the Complaint;
ix. Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
“The Complainant, by submitting the Complaint agrees to the settlement of the dispute, regarding the domain name which is the object of the Complaint by final and binding arbitration in India in accordance with the Arbitration and Conciliation Act, 1996, the .IN Domain Name Dispute Resolution Policy of .IN Registry; Rules of Procedure and any bye-laws, rules or guidelines framed there under.”
“Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute’s resolution shall be solely against the domain-name holder and waives all such claims and remedies against the .IN REGISTRY, as well as their directors, officers, employees, and agents and the arbitrator who will hear the dispute.
“The Complainant by submitting this Complaint agrees that the decision of the Arbitrator to be appointed in this matter may be made public and may be published on the website including without limitation other forms of publication of the .IN REGISTRY. ”
“Complainant certifies that the information contained in this Complaint is to the best of Complainant’s knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass the Respondent etc.
x. Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name in dispute and any trademark or service mark registration upon which the Complaint relies, together with a schedule indexing such evidence.
It should be noted that a separate Complaint is required to be filed for dispute relating to each domain name.
Step 2: Notification of Complaint
The .IN Registry will on receipt of the prescribed fees, forward the Complaint to the Respondent, within three (3) working days if it is found in accordance with the Dispute Resolution Policy and Rules of Procedure.
If the .IN Registry finds the Complaint to be not in accordance with the Dispute Resolution Policy and the Rules of Procedure, it will within three (3) working days notify the Complainant of the deficiencies identified. The Complainant will then have five (5) working days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same domain name.
The .IN Registry on receipt of the complaint after correction of the deficiencies shall appoint an arbitrator from the list of arbitrators and forward the Complaint and documents to the Respondent and to the Arbitrator for adjudicating upon the dispute in accordance with the Arbitration and Conciliation Act 1996, Rules framed there under, Dispute Resolution Policy & rules framed there under.
The date of commencement of the arbitration proceeding will be the date on which the Arbitrator issues notice to the Respondent as stipulated under Paragraph 5 (c) of these Rules of Procedure.
Step 3: Fees
The Complainant pays to the .IN Registry the prescribed fee, in accordance with the .IN Registry’s schedule of fees, within the time and in the amount required. All cheques/drafts towards the IN Registry administration charges and payment of the Arbitrator’s fee shall be drawn in favour of ‘NATIONAL INTERNET EXCHANGE OF INDIA’. (NIXI)
.IN Registry’s Administration Fee Rs. 1,000/-
Arbitrator’s Fee Rs. 9,000/-
For personal hearing Rs. 2,000/- per hearing. Maximum two hearings
Step 4: Appointment of the Panel and Timing of Decision
The .IN Registry maintains and publishes a publicly available list of arbitrators and their qualifications which can be found on their web site. www.inregistry.in.
The .IN Registry appoints, within five (5) working days following receipt of the Complaint after removal of objections if any, an Arbitrator from the .IN Registry’s list of Arbitrators and forwards to him the Complaint and documents annexed thereto. The fees are paid entirely by the Complainant.
Once the arbitrator is appointed the .IN Registry notifies the parties of the Arbitrator appointed. Once the Arbitrator has reached a reasoned award he must forward a copy of it immediately to the Complainant, Respondent and the .IN Registry. The award is passed within 60 days from the date of commencement of arbitration proceeding. In exceptional circumstances this period may be extended by the Arbitrator maximum for 30 days. However, the Arbitrator must give the reasons in writing for such extension.
Within 3 days from the receipt of the complaint the Arbitrator must issue a notice to the Respondent.
The Arbitrator must ensure that copies of all documents, replies, rejoinders, applications, orders passed from time to time be forwarded to .IN Registry immediately for its records and for maintaining the transparency in the proceedings.
Step 5: Communication Between Parties and the Arbitrator
No Party or anyone acting on its behalf may have any unilateral communication with an Arbitrator. All communications between a Party and the Arbitrator or between a Party and the .IN Registry should be made in the manner prescribed in these Rules of Procedure.
Step 6: Language of the Arbitration Proceedings
The language of the arbitration proceedings are in English. Any documents submitted in a language other than English must be accompanied by a true copy of its translation in English.
Step 7: Arbitrator Decisions
An Arbitrator decides a Complaint on the basis of the statements and documents submitted to it and in accordance with the Arbitration and Conciliation Act, 1996, Dispute Resolution Policy, the Rules of Procedure and any bye-laws, rules and guidelines framed there under and any law that the Arbitrator deems to be applicable.
In the absence of exceptional circumstances as determined by the Arbitrator in its sole discretion, the Arbitrator forwards its decision on the Complaint to the .IN Registry within Sixty (60) calendar days of commencement of the Arbitration Proceedings.
An Arbitrator’s decision is given in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name of the Arbitrator.
Step 8: Communication of Decision to Parties
Within five (5) working days after receiving the decision from the Arbitrator, the .IN Registry will communicate the full text of the decision to each Party and also communicates to each Party, the date for the implementation of the decision.