.net.pe Domains Dispute & Policy
Last Update 20 August 2012. The most recent source for .net.pe domains regulations can be found at: punto.pe/archivos/Politica_de_Solucion_de_Controversias5.pdf
1 Dispute Resolution Policy - v.26jul2011 Dispute resolution policy on names delegates under the ccTLD domain. PE ("Policy")
I. In the settlement of disputes
a. Applicable Disputes
People who consider their rights affected the registration of a domain name delegate under ccTLD. PE may resolve disputes arising under this Policy Settlement of Disputes (hereafter the Policy). To that end, agree to submit to this Policy Dispute Settlement domain name under the ccTLD.PE delegates and their Regulation,
Policies established by the Commission Complementary Multisectoral Policy Peruvian system of domain names. (CMPD) and other applicable provisions. Politics will decide disputes arising under the registration or use of domain names and rights of others, if the following circumstances:
1. The domain name is identical or similar to the point of creating confusion with respect to:
a. trademarks in Peru, so pre-registration on the domain and the complainant has rights; or
b. Denominations or indications of origin protected in Peru, or
c. Names of individuals or pseudonyms publicly recognized in Peru, or
d. Names of officers of the Central Government agencies, regional or local in Peru
e. Names registered in public records of private institutions of Peru, and
2. The applicant for a domain name has no rights or legitimate interests in the domain name;
3. The domain name was registered and used in bad faith.
Examination of these three circumstances set effects will cancel the registration or transfer of ownership of the domain name in question.
b. Dispute Resolution Body.
The Claimant may apply to the Dispute Resolution Center (CRC) that are duly accredited by the CMPD.
The Administrator shall make public the current list of accredited CRC.
The CRC will be made up of an Expert Group (ERG), which resolved on the basis of ex post self-regulatory principles, favoring the speed of proceedings and seeking to establish advertising mechanisms.
The GRE, hear and decide disputes that arise on matters of conflict indicated in subsection (a) of section I of this document as single instance, notwithstanding that the domain name holder domain or the Claimant wishes to submit the dispute to a competent court to obtain a independent resolution before such proceedings or after its completion once issued and known the respective CRC decision ordering the cancellation or transfer of name domain. The Administrator will wait ten (10) calendar days after being informed by the CRC respective GRE's decision before implementing that decision. Then implement the decision unless it has received from the owner of the domain name during this period of ten (10) days natural, official documents indicating that the domain name holder has filed a lawsuit proceedings against the complainant in the jurisdiction to which the complainant has submitted under Article 3.b.xii Regulation. If the Administrator receive such documentation within 10 calendar days, not GRE will implement the decision or take any action until it has received i) evidence satisfactory to us of a resolution between the parties; ii) satisfactory evidence that the lawsuit the owner of the domain name has been dismissed or withdrawn or iii) an order issued by the court for rejecting the demand of the holder of the domain name or ordering that the holder not entitled to continue using the domain name.
In the case of transfer of domain name and the domain name holder has no lawsuit brought against the claimant within the period specified above, the Administrator shall indicate to Claimant the procedure for payment of the fee for the transfer of (I) name (s) domain that has been granted in the decision of the CRC. The claimant has 45 days within to make such payment, after which the domain name shall be released.
c. Reconciliation
Criteria pursuant to judicial economy and the mechanisms of action identified in the present regulations, the CRC will promote the use of conciliation as a dispute resolution mechanism extrajudicial and anticipated conflicts. The CMPD may establish institutional arrangements and partnership with Conciliation Centers in the country, to promote the use of properly Reconciliation between the parties and the other users. CMPD timely CRC invite establish procedures for inviting the parties before starting the procedure in a GRE, to reconcile through one of the Accredited Mediation Center (CCA) to the CMPD.
If the dispute is resolved through a conciliation agreement, the respective CCA communicate in such a situation the CRC, the same shall be terminated and closed the case in question. In this case, will be made to the administrative costs have been incurred in the CRC purposes of resolving the dispute, will be covered by a special fee to be defined by the respective CRC.
Furthermore, the parties may refer the dispute to conciliation or other means of early termination of conflict at any time during the proceedings before the GRE makes its decision.
d. Initiation of proceedings
Once the CRC and if the parties have failed to resolve the conflict through Conciliation, the party concerned shall communicate its decision to terminate the same by filing an application written by e-mail or any other valid with CRC, so that it notifies thereof to the other party and the Administrator within the period prescribed in the Regulations and after verified compliance with established reporting requirements.
e. Communications
The CRC shall inform data subjects of the content of its decisions, the same as have effect from the date of notification under the provisions of Regulation.
Communications are conducted through email.
The date of notification by email will be the technical report establishing the dispatch of mail address.
f. Advertising
All decisions are published on the CRC. Also the administrator can publish the decisions in: http://www.nic.pe.
g. Language
Decisions and other actions are expressed and communicated in Spanish.
h. Calculation of terms
All deadlines set by the Dispute Resolution Procedure shall be calculated in days calendar.
i. Probanza of bad faith
In order to prove the existence of bad faith registration or use of a domain name registered and GRE conviction in respect of the disputed points be assessed the following circumstances such as acts of bad faith:
i) Those circumstances indicating that you have registered or acquired the domain name primarily for the purpose of selling, renting or otherwise transferring the name registration domain to the complainant or a competitor of that complainant, for valuable consideration in excess of costs diverse and documented and that are directly related to the registration or maintenance of domain name;
ii) you have registered the domain name in order to prevent the claimant may reflect their previously registered right in a corresponding domain name, provided that the Domain name registration has been made to prevent the use of that right in a domain name holder, or
iii) you have registered the domain name primarily for the purpose of disrupting the business of a competitor;
iv) that was used the domain name intentionally to attract, for commercial gain, Internet users to the website domain owner, or any other online site, creating the likelihood of confusion with the rights of the claimant as to the source, sponsorship, affiliation, or endorsement of your website or your online site or a product or service on your website or your online site.
It may also demonstrate the existence of legitimate interests or rights over the domain name to purposes set out in section I (a) 2 of this document, if offered the following circumstances:
i. Before any notice of the dispute, has used the name domain, or have demonstrable preparations to use, or a name corresponding to the domain name in connection with a bona fide offering of goods or services;
ii. the holder (as an individual, business or other organization) is known so regular and common domain name, even if you have acquired rights previously recorded;
iii. is a legitimate or fair noncommercial domain name, without intent to divert consumers misleadingly or to tarnish the good name of claimant profit.
j. Transfer of ownership during the procedure
The holder of a domain name may not transfer your domain name registration to another person during the dispute resolution procedure pending. The Administrator shall cancel any transfer of ownership of a domain name that infringes the provisions of This literal.
k. Fees.
The costs, charges and fees associated with any dispute before an RCC will be paid by the claimant as provided in each CRC, according to market prices.
l. Manager
The parties agree and know that the Administrator will not, participate in the administration or conduct of any proceeding before a CRC. In addition, it accepts and knows that the Administrator be responsible for any decisions rendered by the CRC.
2. Policy Modifications and / or Regulation
1. Any changes or updates to the Policy and / or Regulations will be published with a notice thirty (30) days immediately preceding the date of entry into force, at page Http://www.nic.pe Manager. After this time the changes and modifications will full force and legal effect, and will be considered mandatory for those interested.
2. Unless you have submitted an application for dispute resolution prior to the entry into force of any amendment to the Policy and / or the Regulations, in which case that the previous version at the time of submission of the dispute resolution request, the have binding effect changes to stakeholders, regardless of whether the events for the dispute have arisen prior to the date of entry into effect of change on that date or after it.
Rules applicable to the dispute on Delegates domain names under ccTLD. PE (the "Regulations")
The procedure for the settlement of disputes concerning domain names under the ccTLDdelegates . PE) (PSC) shall be governed by this Regulation and the Rules for the Centers for Conflict administer the procedure, as stated on its website.
GENERAL PROVISIONS
Article 1 - Definitions
In these Regulations shall apply:
• Conciliation Act: A document that expresses the agreements that the parties have arrived at the Conciliation through the establishment of obligations, duties or rights.
• Registration Agreement: A set of rules and regulations governing the registration and use relationships of a domain name, between the Administrator and the owner of the former.
• Accredited Mediation Center (CEC): Center for Conciliation registered with the Commission Multisectoral System Policy Peruvian Domain Name and that has an agreement and institutional collaboration, in order to promote early settlement of the dispute by conciliation.
• Dispute Resolution Center (CRC): A legal person providing services resolution of disputes in accordance with the accreditation criteria established by the Commission Multisectoral System Policy Peruvian Domain Name; to manage and lead disputes concerning domain names under the ccTLD delegates. PE
• Expert Group (GRE): The group of experts in the field and appointed by a Center Dispute Resolution accredited by the Multisectoral Committee System Policy Peruvian Domain Name to resolve a dispute resolution request regarding names domain.
• Member of the GRE: A natural person appointed by the CRC to form part of the GRE.
• Domain Name: Represents an identifier for a group of computers or connected to the network. It is a simple Internet address designed to allow users easily locate websites. A domain name registered under the ccTLD. PE.
• Related Standards: Refers to the current legislation and apply to the Republic of Peru trade marks and domain names and procedure in general.
• Party: The claimant or holder of the domain name under ccTLD delegate. PE in dispute.
• This policy is valid: Refers to Policies Registration of Domain Names under ccTLD. PE and Dispute resolution policy on domain names under the ccTLD.PE delegates.
• Procedure: The set of rules and regulations governing the actions of people interested in resolving a dispute over domain names delegated under the ccTLD.PE.
• Principles: This refers to the principles maintained by the National System and Domain Names the introduction of the Procedure.
• Complainant: A person who files an application for resolution of name dispute domain in accordance with this procedure.
• Additional Rules: Rules adopted by the Dispute Resolution Center to administers a process and supplementing these regulations. The additional regulation should harmonize with the applicable policy or procedure.
• Holder of a domain name: The person or entity who holds the record of a domain name and against whom an application for cancellation of registration or transfer of ownership of a domain name.
Article 2 - Communications
A. When communicating a request for dispute resolution of domain name holder of a domain name shall be the responsibility of the Dispute Resolution Center to use the reasonably available means are necessary to encourage the reporting effectively former. Shall satisfy this requirement when:
i. Request is sent resolution of a dispute concerning domain names to all mail addresses appearing on the registration data of the domain name in the base Manager data and corresponding to (the) holder (s) of the domain name registered, or the contact person provided the technical and administrative Administrator, or
ii. Request is sent resolution of a dispute concerning domain names (including attachments) by email to:
a. The email addresses of the persons identified as contacts technical and administrative staff;
b. The email account mail system administrator for this domain name, usually the account "postmaster" under the domain name subject the request for dispute resolution of domain names, this just in If the email accounts mentioned in the previous section, present a problem;
B. Subject to the provisions of Article 2A, any communication to the claimant or the holder of a domain name under this Regulation shall be reported electronically by the claimant or owner of a domain name, respectively (see Article 3.B.iii and 5.B.iii). There must be a record of the transmission
C. Any communication to the Dispute Resolution Center will be made in the manner and form established by the WIPO Supplemental Rules for Dispute Resolution.
D. Communications shall be made in the language prescribed in Article 13.A and 13.B.
E. Either Party may update the contact data by notifying the Center Dispute Resolution and the Administrator.
F. It is considered that communications have been made under this regulation if been transmitted through the Internet / e-mail, the date on which it is transmitted communication, provided that the date of transmission is verifiable.
G. All time periods provided under this regulation will begin to be calculated from the day after the first date that demonstrates a communication under Article 2.F. It as time basis will use the CRC schedule.
H. A copy to the Administrator of any communication made:
i. For the CRC anywhere, the other party, and i
ii. On the one hand to the other party and the CRC, as applicable.
I. It is the responsibility of the sender to retain records of fact and the circumstances of sending, which must be available for inspection by interested parties and for information.
J. In the event that a party has sent a communication and it has not been received, the immediately notify the Dispute Resolution Center circumstances of the notification. Further proceedings concerning the communication and any response shall be subject to established by the Dispute Resolution Center.
II. HOME OF THE PROCEDURE
Article 3
Request for resolution of disputes concerning domain names under the ccTLD delegates. PE
A. Any person may initiate a dispute settlement procedure by filing a request resolution of disputes concerning the domain name Dispute Resolution Center authorized by the Multisectoral Committee on Policy of the National Domain Name accordance with the Policy Domain Name Registration under ccTLD. EP Resolution Policy of disputes concerning domain names under the ccTLD delegates. PE and present Regulation.
B. The request for resolution of disputes concerning domain names under the ccTLD delegates. EP submitted in electronic form (including annexes) specifying the following:
i. The request for resolution of a dispute by an Expert Group under Policy dispute concerning domain names delegated under the ccTLD. PE and these Regulations;
ii. names, address, email address, and telephone and fax claimant and any claimant's representative, if applicable;
iii. chosen email address for communications directed to the claimant in the Dispute cpr144449003101 resolution policy on domain names delegated under the ccTLD. PE (including contact person);
iv. specifying if the claimant opts in this proceeding because it solves by an Expert Group composed of a single member or three members. In If the claimant elects a Panel composed of three members, specify the names of the experts chosen from the list of Center Conflict selected;
v. the name of the domain name holder and any useful information (including any postal or email address and telephone and fax numbers) known to complainant to contact the owner of a domain name or its representative, in sufficient detail to enable the Resolution Center Conflict send the request for dispute resolution of domain names as stated in Article 2A;
vi. the name or domain names in dispute;
vii. documentary evidence of the right acquired on the same combination of characters or similar to the disputed domain name, the same as those attached to the application of resolution to support it;
viii. the description of the grounds on which the application is based dispute resolution, in particular:
a. The manner in which the name or domain names are identical or similar to the confusingly respect of a right previously logged by the complainant, those listed in Article Article I, subparagraph a, item 1 of the Policy, and
b. The reasons should be considered as the holder of a domain name have rights or legitimate interests in the domain name subject of the application dispute resolution, and
c. The reasons should be considered as the name or domain names have been registered or used in bad faith.
ix. effects that can be obtained, according to the Policy;
x. any administrative, judicial, arbitration or conciliation, which has begun or completed in connection with the domain name or names covered by the application dispute resolution;
xi. Acceptance of the effects as stated in the decision of the Resolution Center Disputes, applicable to the cancellation of registration or transfer of ownership of domain name;
xii. Declare that the Complainant will submit, with respect to any challenge to the decision of CRC ordering the cancellation or transfer of ownership of the domain name, the courts in Lima, Peru.
C. The request for dispute resolution should subscribe for the claimant or his representative, including the following statement:
"The claimant accepts that the request for dispute resolution of domain names delegate under ccTLD. PE and the effects posed by the Centre for Dispute Resolution adopted under the respective rules of procedure and affect only the domain name holder. These effects shall not apply to: 1. Dispute Resolution Center and members of Panel, except in case of deliberate wrongdoing, 2. Manager and its directors, representatives, employees and agents, 3.A Multisectoral Commission of the Peruvian System Policy Domain Names.
The claimant acknowledges and accepts that the information contained in the resolution request dispute concerning domain names is complete, true and accurate and that the application is presented with the intention of bad faith seeking, issuing statements that fit the contents of Regulations. "
D. The application must be accompanied by all kinds of tests, including a copy of the registration agreement, and Policy on dispute resolution of domain names under the ccTLD delegates. PE. All documents and evidence shall be numbered or numbered.
E. The request for resolution of disputes concerning domain names may cover more than one domain name, provided that the domain names were registered by the same beneficiary.
F. The request for resolution of disputes concerning domain names will be forwarded to Centre Dispute Resolution in accordance with Article 2.
Article 4
Communicated by the Dispute Resolution Center after the submission of the Request for Dispute Resolution
1. The Dispute Resolution Center will review the request for dispute resolution on domain names to determine if it meets the provisions of Resolution Policy disputes concerning domain names under the ccTLD delegates. PE and this Regulation, if so refer the dispute resolution request (along with the explanatory cover sheet prescribed by the WIPO Supplemental Rules Resolution) to the holder of the domain name in the manner prescribed by Article 2A, within three (3) days of receipt of the fees that the claimant has canceled in accordance with Article 22.
2. If the CRC determines that the request for resolution of disputes concerning domain names meets the requirements set forth in these regulations, notify no later than 3 days to claimant such failure. The claimant shall within five (5) days to remedy any failure, after which the application is considered withdrawn resolution of a dispute concerning domain name, notwithstanding that the claimant may submit a new resolution request dispute concerning domain names.
C. The date of initiation is the date on which the Centre for Conflict Resolution perform respective communications pursuant to Article 2A in relation to the sending application dispute resolution to the holder of the domain name.
D. The Dispute Resolution Center shall notify the holder of the domain name, the complainant and the Administrator, the date of initiation.
Article 5 - Defense
A. Within twenty (20) days from the date of initiation, the holder's name CRC domain forwarded to a defense.
B. The response shall be in writing and (except to the extent not available in For annexes) in electronic form and it shall:
i. Respond specifically to the statements and allegations contained in the application of resolution of disputes concerning domain names, including all the reasons why which the domain name holder to retain registration and use of name domain in dispute (this part of the defense must satisfy any limitation of words or pages established in the Supplemental Rules Dispute Resolution Center);
ii. provide the name, address and email, and phone numbers and fax the domain name holder and any authorized representative to act on behalf of the owner of a domain name in the procedure. The accreditation of representatives of the owner of a domain name will be made through simple letter signed by him;
iii. specify the email address chosen for communications directed to the owner domain name in the procedure (including the person you have to be in contact);
iv. if the claimant has decided in its dispute resolution request for a Group Experts composed of a single member (see Article 3.B.), unlike the holder of domain name, which issued because the dispute decided by a Group Experts composed of three members;
v. if the claimant or the domain name holder opt for a Panel of three members, provide the names of the experts selected and data for contact them (these candidates must be selected from the roster respective Resolution Center)
vi. identify any administrative, judicial, arbitration or conciliation, which is been commenced or terminated in connection with any of the subject domain names the request for resolution of disputes concerning domain names;
vii. state that has been sent or transmitted to the claimant a copy of the letter of the response, in accordance with Article 2.B, and
C. The defense must subscribe for the domain name holder or his representative, including the following statement:
"The holder of a domain name certifies and assures that the information contained in this Response is to the best of my knowledge, complete and accurate, that the This defense is not presented with any intention of bad faith, and that assertions in this Response are consistent with the content of this Regulation and the applicable law as it now exists or the extent that an argument can be extended by a reasonable, good faith. "
D. Annex any documentary evidence on which to base the defense properly numbered or numbered.
E. If the claimant has chosen because the dispute decided by a Panel composed of a single member and the holder of the domain name choose one of three members, the head of domain name will be required to pay half the fee for composite panels of three members as provided in the Supplemental Rules of the Centre for Conflict Resolution. Payment will be made with the shipment of the response to the Center for Conflict Resolution. Should not make the required payment, a Group of Experts composed of a single member resolve the dispute.
F. At the request of the holder of the domain name, the Conflict Resolution Center may, in cases exceptional extend the period for submission of the defense. The period may be extended also by written stipulation of the parties, provided that the Resolution Center Conflicts approval. In all cases the extended term shall not exceed 15 days.
E. If the holder of a domain name does not present his defense, provided that no exceptional circumstances, the Panel shall decide the dispute based on the dispute resolution request and the corresponding evidence.
Article 6 - Responsibility
Except in cases of negligence, or the Administrator, or the Center for Conflict Resolution, or any Panel member concerned shall be liable to any party for any act or omission in connection with any proceeding under this Regulation.
Article 7 - Changes
The version of these Regulations in force at the time of the filing of dispute resolution shall apply to proceedings initiated. Any changes or updates to Regulation will be published with a notice of 30 days in the manager page: http://www.nic.pe with so that the domain name holder revealed that suits their interests, after this term without the domain name holder has indicated their interest, changes and modifications shall be deemed accepted and binding on the parties.
III. The Group of Experts
Article 8 - Appointment of GRE
A. The Dispute Resolution Center will maintain and publish a list of group members Experts and their qualifications, which will be publicly available.
B. If the domain name holder and the claimant does not have opted for a Panel of three members (Article 3. literal), the Dispute Resolution Center shall, withinfive (5) days of receipt of the response or after the given period for presentation, one member of your roster. The fees of the Expert Group composed of a single member will be paid in full by the claimant.
C. If the claimant or owner of a domain name they choose because the dispute decided by a Panel of three members, the Dispute Resolution Center shall appoint three experts to serve on the Panel in accordance with the procedure laid down in Article 8.E. The fees of the Group of Experts composed of three members shall be paid in full by the claimant, except where the holder of a domain name who has chosen because the Panel is composed of three members, in which case the applicable fees will be shared equally by the parties.
D. If you choose a Panel composed of three members, the claimant shall submit to the Centre Dispute Resolution, within five (5) days of written communication response in which the domain name holder opts for a GRE consists of three members, names of the experts chosen and the data to establish contact with them.
E. Unless it has already decided on a group of experts composed of three members, the claimant submitted to the Dispute Resolution Center, within five (5) days for the communication of a response in which the holder of a domain name changes to a group of experts composed of three members, the names of three candidates to serve as members Expert Group and contact details to contact them. These candidates must selected from the roster of the Dispute Resolution Center.
F. If the claimant or the holder of a domain name choose a group of experts composed of three members, the Dispute Resolution Center will seek to appoint a member of expert group from the list of candidates submitted by the claimant and the owner of a domain name. In the event that the Dispute Resolution Center is unable to guarantee within five (5) days the appointment conditions of a group member Experts from the list of candidates of either party, shall make the appointment from its roster. The third member of the expert group appointed by the Centre Dispute from a list of five candidates submitted by the Center Dispute the parties and the Dispute Resolution Center will select one of the five candidates so as to reach a reasonable balance between the preferences of both parties, as may indicate the Dispute Resolution Center within five (5) days of the shipment by the Dispute Resolution Center to parts of the list of five candidates.
G. Once you have appointed all members of the Group of Experts, the Resolution Center Disputes shall notify the parties, members of the Expert Group have been appointed and date by which, without any exceptional circumstances, the Panel shall forward the Centre Conflict Resolution decision taken.
Article 9 - Impartiality and independence
Members of the Group of Experts established shall act impartially and independently, and before accepting his appointment notify the Dispute Resolution Center and the parties any circumstances that would lead to a justifiable doubt on the impartiality or independence of its conduct, or be in writing that no such circumstances exist. If at any time of procedure new circumstances arise that are likely to justifiable doubt on the impartiality or independence of the member of the Panel, it shall immediately such circumstances to the Dispute Resolution Center. In this case, it shall be entitled to appoint a substitute.
Article 10 - Communication between the parties and the Panel of Experts
No party or their representatives may have any unilateral communication with the Group Experts. All communications between a party and the Panel will be made to Center Dispute Resolution in the manner prescribed in the Supplemental Rules Resolution Center Disputes.
IV. DEVELOPMENT OF PROCEDURE
Article 11 - Transfer of the case to the Panel
The Dispute Resolution Center shall refer the case to the Panel once it is appointed to the respective members.
Article 12 - General powers of the Group of Experts (GRE)
A. The ERG will carry out the dispute resolution procedure in the manner it deems appropriate in accordance with applicable policy dispute resolution domain name delegates under ccTLD. PE (LDRP-PE) and this Regulation.
B. In all cases, the GRE will ensure that the parties are treated equally and that each party is given a fair opportunity to present its case.
C. The GRE will ensure that the dispute resolution procedure is carried out with due promptly. At the request of a party or on its own initiative, extend in exceptional cases within fixed by these Rules or by the same previous decision.
D. The GRE determine the admissibility, relevance, materiality and weight of the evidence.
E. The GRE will decide on the request of a party seeking to consolidate multiple disputes concerning domain names in accordance with the applicable Policy and these Rules.
Article 13 - Language of proceedings
A. Unless the parties decide otherwise, the procedure language is Spanish, subject to the authority of the Panel to determine otherwise, taking into account the circumstances of procedure.
B. The Panel may require the parties, and these together, the papers presented at languages than the language of the dispute settlement procedure be accompanied by a full or partial translation into the language of the dispute settlement procedure.
Article 14 - Other statements
In addition to the request for dispute resolution of domain names and the letter of response, the Expert Group, using its discretion, allow or require further statements of the parties.
Article 15 - Views
There will be hearings (including hearings by teleconference, video and conferencing Internet), unless the Panel determines, using its sole discretion and Exceptionally, it is necessary to conduct a hearing to resolve the dispute.
Article 16 - Breach
A. In the event the holder of the domain name, with no exceptional circumstances, there present its defense in accordance with these Rules, the Panel may issue its decision regarding the request for dispute resolution regarding names of domain considering the documents and evidence at its disposal.
B. The Expert Group will also issue its decision regarding the resolution request dispute concerning domain names in case one party, without any conditions exceptional, not respect any of the deadlines established by this Regulation or by the Panel.
C. If a Party, in exceptional circumstances exist, comply with any provision or requirement of these Rules or any request from the Group of Experts, this situation will result in the Panel issued the findings and decisions it deems appropriate.
Article 17 - Closure of the proceeding
The Panel shall declare the closure of the procedure for submission of the dispute resolution later than ten (10) days after the filing requirements and corrected, if applicable, provided when satisfied that all parties have had a fair and equal opportunity to present his case.
Article 18 - Opportunity for submission of the claim
Any person, before the close of proceedings may lodge his claim, provided there met the requirements or provisions established by the Panel, or when not having them, correct them have been met. It is understood that the person has waived when you file your claim breached the provisions of the preceding paragraph.
V. RESOLUTION
Article 19 - Applicable policy
The Panel shall decide the dispute resolution request on domain names accordance with the applicable Policy, these Rules, and the general rules and principles of law it deems applicable.
Article 20 - Form and Communication of Decisions
A. The final decision will be forwarded to the Dispute Resolution Center, within seven (7) days after conclusion of the dispute resolution procedure.
B. The resolution shall contain the date that is made, the reasons on which it is sustained in and shall be signed digitally or in writing. The Panel may consult with the Center Dispute with regard to matters relating to a resolution.
C. As soon as possible, once the Panel has referred the decision to the Center Resolution of Disputes, shall communicate it to each party and registrars and the Administrator for is carried out execution.
D. Unless the Panel determines otherwise, the Dispute Resolution Center shall publish the decision on a website accessible by the public.
Article 21 - Conciliation and early termination of the procedure
A. The Dispute Resolution Center between the parties will promote the use of conciliation as early half of conflict resolution, inviting the parties to reconcile before starting procedure through an Expert Group. This will facilitate information available on CCA database of the Multisectoral Commission Peruvian System Policy and Domain Name with whom the agreements of institutional support.
B. If the parties reach a settlement through conciliation, notify this situation to the Center Dispute Resolution, attaching the respective Settlement Act, so that the archive center the procedure and report to the Administrator arrangements for implementing them.
C. If the parties have been brought before a Dispute Resolution Center and use of its power to reconcile reach agreement before the Group of Experts adopts its decision, the latter shall be terminated by the dispute settlement procedure and shall to carry out the purposes of the Settlement Agreement established.
D. If the proceeding is unnecessary or impossible for any reason not mentioned in Article 21, before the Panel makes its decision, the latter shall not issue a decision to end the dispute resolution procedure, unless a party to proceedings justifiable grounds for objection that the Panel evaluated within a period specified by it.
Article 22 - Effect of court proceedings
a) If legal proceedings are initiated before or during the resolution of a proceeding administrative authorities in respect of a dispute over domain name that is the subject of dispute resolution request, the Panel shall be empowered to decide whether to suspend the procedure terminates, or continues with them until a decision.
b) If a party initiates any legal proceedings during the resolution brought before a Dispute Resolution Center, immediately notify the Resolution Center Disputes concerned.
VI. TAXES AND FEES Article 23 Fees
A. The request for resolution of disputes concerning domain names be subject to payment of a fixed rate in accordance with the rates published by the Center for Dispute Resolution that are in effect at the time of filing of resolution. In case the parties provided a solution to the conflict of interest through conciliation, administrative costs are have generated in the Dispute Resolution Center to the time when notice of the Settlement Agreement will be covered by a special fee determined by the Resolution Center Disputes .
B. The rate shall consist of: i. Administrative costs of the Dispute Resolution Center, which may not be refunded, and ii. Administrative costs of the Panel which may not be refunded after appointment of that group.
C. The Resolution Center will not take any action on the resolution requests disputes concerning domain names until you have received the fee specified in subsection A of Article 23 of this document.
D. If the Dispute Resolution Center has not yet received the payment of the fee management within seven (7) days prior to despatch payment reminder will be considered who has withdrawn the request for dispute resolution of domain names.
