.il Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .il domains dispute proceedure can be found at: www.isoc.org.il/domains/ildrp_rules.html
Procedures for Alternative Dispute Resolution under the .IL ccTLD by Dispute Resolution Panels ("IL-DRP")
The IL-DRP is an alternative dispute resolution procedure intended to provide expedited resolution to disputes regarding the allocation of Domain Names under the .IL ccTLD ("Dispute") in accordance with the Rules for Allocation of Domain Names under .IL ("Rules").
The IL-DRP is not intended to create or replace judicial precedence or jurisprudence. Further, agreeing to dispute resolution under these procedures does not constitute an arbitration agreement as defined by the Arbitration Law of Israel.
A. Nature of Disputes
1. Under the IL-DRP, third-party challenges to an existing allocation of a Domain Name by ISOC-IL to a Holder will be reviewed. Each Dispute will be determined on a case-by-case basis
2. The following disputes, inter alia, shall not be reviewed under the IL-DRP:
2.1. Any request to disallow, in advance, the allocation of a Domain Name.
2.2. Disputes such that the allocation of a Domain Name was carried out prior to 1 January 1999 (prior to adoption of the Domain Name Registration Rules) unless the Holder of the Domain Name under dispute has agreed to such dispute resolution, in writing.
2.3. Disputes between the Holder and an Accredited Registrar ("AR") regarding allocation of Domain Name based on the quality of service/breach of contract or other commercial disputes.
2.4. Denial by ISOC-IL of a request to allocate a Domain Name.
2.5. Cancellation by ISOC-IL of an allocation of a Domain Name.
2.6. Disputes challenging allocation to a Holder, based on ISOC-IL's malfeasance in the allocation of a Domain Name. Challenges based on ISOC-IL's action/inaction may be brought to an Israeli Court.
B. Grounds for IL-DRP
3. Disputes regarding allocation of a Domain Name by a Holder may be brought by a third party ("Complainant") on the following grounds:
3.1. the Domain Name is the same or confusingly similar to a trademark, trade name, registered company name or legal entity registration ("Name") of the complainant; and
3.2. the Complainant has rights in the Name; and
3.3. the Holder has no rights in the Name; and
3.4. the application for allocation of the Domain Name was made or the Domain Name was used in bad faith.
4. Evidence of Allocation or Use in Bad Faith
4.1. For the purposes of Paragraph 3.4 above, the following circumstances, in particular but without limitation, if found to be present, shall be evidence of the allocation or use of a domain name in bad faith:
the Holder continues to hold the domain name during or after termination of employment or work for hire contract where the domain name allegedly should have been allocated to the employing/contracting party; or
the Holder has requested allocation of the domain name primarily for the purpose of disrupting the business of a competitor; or
circumstances indicating that the Holder has requested allocation or holds the Domain Name primarily for the purpose of selling, renting, or otherwise transferring the Domain Name allocation to the complainant who is the owner of the trademark or service mark or to a competitor of that Complainant, for valuable consideration in excess of documented out-of-pocket costs directly related to the domain name; or
the Holder has requested allocation of the domain name in order to prevent the owner of the trademark or service mark from reflecting the mark in a corresponding domain name, provided that there is evidence of having engaged in a pattern of such conduct; or
by using the domain name, the Holder has intentionally attempted to attract, for commercial gain, Internet users to its web site or other on-line location, by creating a likelihood of confusion with the Complainant's Name as to the source, sponsorship, affiliation, or endorsement of its web site or location or of a product or service on its web site or location.
C. Procedure
5. Submission of Petition
5.1. A Petition to hear a dispute shall be submitted via e-mail to appeal@isoc.org.il and shall contain all material and arguments on the basis of which the IL-DRP Panelist/Panel (discussed further in Section 8 below) may make a determination.
5.2. The Petition may include any number of Domain Names held by a single Holder. However, the Panelist/Panel may determine that the multiple requests against a single Holder should be divided into separate proceedings.
5.3. The petition must include the following:
Names, addresses, telephone, e-mail or other communication references of the Parties;
A statement of the nature of the dispute, including reference to each of the four elements of the grounds for dispute.
Payment of the IL-DRP Fees, according to the procedures set forth in Section 4 of the Fee Schedule below.
5.4. Language of Submission
All information transmitted via e-mail shall be in English.
All documents submitted must be in English or Hebrew.
The Panelist/Panel may order that documents in any language be provided with a translation in whole or in part into either Hebrew or English.
6. Fees
6.1. At the time of filing the Petition, the Complainant shall pay an IL-DRP fee to ISOC-IL in accordance with the Fee Schedule below. Only upon payment of the fee shall IL-DRP Panelist/Panel be appointed to hear the dispute.
7. Suspension of Status of Domain Name during IL-DRP
7.1. Upon filing the petition, together with payment of the fee, the challenged Domain Name will not be re-assignable to another Holder or be deleted, until resolution of the Dispute. No changes to the holding of the challenged Domain Name Holder or contact persons' names will be made and the Domain Name will continue to be active until final resolution of the Dispute.
8. Appointment cpr144449003101 of Panelist/Panel
8.1. ISOC-IL will appoint an expert to serve as an IL-DRP panelist ("Panelist") to resolve the Dispute under the procedures set forth below.
8.2. Either party may request that the dispute be reviewed by an extended panel ("Panel") of three experts to resolve the Dispute. The party requesting the extended Panel shall pay the fees for the additional Panelists together with the submission of the request for the appointment of the Panel.
If the Complainant is the party that requests the extended Panel, then the request must be filed together with the submission of the Petition or within seven (7) days thereof.
If the party requesting the extended Panel is the Holder, then the request must be filed together with the response (discussed further in Section 9 below). No additional requests to extend the Panel will be granted.
8.3. Within 28 (twenty eight) days from the time the Petition and Fees are received, ISOC-IL will appoint a Panelist/Panel. In the case of a Panel, ISOC-IL will designate one Panelist as Chair.
8.4. The Panelist shall notify the parties of his/her appointment or in the case of Panel, the Chair shall notify the parties, via e-mail, of the identity of the three Panelists.
A party may request the exclusion of a specific Panelist (including the Chair) on the grounds of a potential conflict of interests. Such request shall be submitted to the Panelist or the Chair, and shall include details of the alleged potential conflict of interest.
The Panelist/Panel shall rule on the challenge to any of its members, and in the event that a member is deemed to be tainted with a possible conflict of interest, shall inform ISOC-IL of such. ISOC-IL shall then remove the Panelist, and appoint a new Panelist.
9. Notification to and Response of Holder
9.1. Upon the appointment of the Panelist/Panel a copy of the Petition and all submitted materials shall be sent, via e-mail, to the Holder by the Panelist/Chair, according to the contact information provided by the Holder.
9.2. The Panelist/Chair may, at his discretion, notify the Holder by means other than email.
9.3. The Holder may submit a response and any relevant materials to the Panelist/Panel within fifteen (15) days from the date the Petition is sent to the Holder.
9.4. If the Holder requests, together with his response a request for an extended Panel (together with the fee of the two additional Panelists), then ISOC-IL will appoint the additional Panelists within twenty-one (21) days of receipt of the request.
D. The IL-DRP Proceeding
10. Unless otherwise authorized by the Panelist/Chair, proceedings shall be held in English, via email.
11. Subject to the Rules, the Panelist/Panel may conduct proceedings in such a manner as it deems appropriate while giving due consideration to the speedy resolution of the Dispute and the technologies available.
12. The Panelist/Chair, may reasonably extend, at his own discretion, any time limit provided for in these rules.
E. Additional Material
13. The Panelist/Panel may ask the parties to provide additional material relevant to its determination.
13.1. The Panelist/Chair may determine the means by which such material be submitted.
13.2. Materials may include, inter alia, additional statements from the parties, documents and affidavits.
F. Panelist/Panel Decision
14. Majority Decision
14.1. In the case of a Panel, the decision shall be made by a majority of the panel members.
15. Timing and Publication of Decision
15.1. The Panelist/Panel shall endeavor to reach a decision within 21 days from receipt of the Holder's response or any additional materials requested by the Panelist/Panel.
15.2. The Panelist/Panel will issue its decision to the Parties via e-mail, stating the grounds therefore.
15.3. English Official Language of Decision
The official version of the decisions of the Panel/Panelist will be published in English at www.isoc.org.il/domains. Where the decision is published also in Hebrew translation, and when there are any discrepancies between the Hebrew version and the English version, the English version will prevail.
16. Decision that Dispute Unsuitable for IL-DRP
16.1. Notwithstanding the above, at any stage the Panelist/Panel may refrain from issuing a decision regarding a dispute if it determines that the case is not suitable for expedited resolution under this procedure.
17. Ex-Parte Decisions
17.1. Where one party fails or refuses to respond to or provide information or additional material to the Panelist/Panel, after being duly notified of the Petition, or where attempts to notify the Holder based on the information provided by the Holder to ISOC-IL do not succeed, the Panelist/Panel may make its determination on the material provided by one party alone or on the material before it.
G. Binding Effect Of Decision
18. ISOC-IL will be bound by any decision of the Panelist/Panel to assign, revoke or re-assign the Domain Name under dispute, subject to modification or reversal by an Israeli court order.
19. The decisions of a Panelist/Panel may provide guidance for further dispute resolution, but are not binding on subsequent Panelist/Panel.
H. Right To Seek Court Review
20. Petition to the IL-DRP in no way precludes access or petition to an Israel Court of Law.
21. Notwithstanding, should a party, in parallel, institute Court proceedings regarding a Domain Name during the proceedings of the IL-DRP, such petition to the Court shall not affect or stay the IL-DRP proceedings under these Rules, unless a court order regarding such be served on ISOC-IL.
22. Where the Panelist/Panel has issued a decision instructing ISOC-IL to revoke or cancel allocation of a Domain Name, or to re-assign the Domain Name to a Petitioner, ISOC-IL will notify the current Holder (Respondent) of the intended revocation or re-assignment no less than 30 (thirty) days before making any such change. This notification is intended to allow the current Holder time to seek court review of such decision.
23. The decision of the IL-DRP panelist/panel is final, and will not be reviewed by another IL-DRP Panelist/Panel.
I. Exclusion of Liability
24. Except in respect of deliberate wrongdoing, any Panelist appointed or Panel constituted under these Rules shall not be liable to a Party for any act or omission in connection with any proceedings under these Rules.
25. ISOC-IL is merely the facilitator in establishing the IL-DRP and except in respect of deliberate wrongdoing, any member of ISOC-IL shall not be liable to a Party for any act or omission in connection with any application or proceedings under these Rules.
