[bc-gnso] Lead Networks Files for Arbitration

["BC Secretariat"]

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-transit
ion-

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 at icann.org.


Glen de Saint Géry

GNSO Secretariat
http://gnso.icann.org