DRP (Dispute Resolution Policy)
Dispute Resolution Rules and Procedures for Domain Names Disputes under the .Falasteen IDN ccTLD
For terms and expressions defined in Palestinian Telecommunication Law no(3) year 1996 and regulations or any later modifications on it, and in PNINA bylaws and registration policy for Arabic domain name to have the same defined meaning in that documents . Words and terms in this regulation have specific meaning as follow:
- Regulation: The document which regulates rules and procedures for disputes on domain names registration under Palestinian country code Top-Level-Domain and any modifications will be added to it.
- The Palestinian National Internet Naming Authority (PNINA): The Official domain registry for the Palestinian country code Top-Level-Domain (ccTLD) Arabic or Latin domains, PNINA’s role is to formulate of registration policies and administer and maintain the Palestinian top level domains Registry.
- Decision: Any decision issued by PNINA as a result of executing registration services.
- Domain names: Domain names under Palestinian country code Top-Level-Domain administered by PNINA
- Dispute Parties: Includes both Complainant and Respondent, and the party referred to any of them.
2. Regulation Range
- This regulation sets the rules and procedures for disputes and ways of resolving disputes concerning Palestinian domain names.
- Jurisdiction of PNINA determined for the implementation of these regulations in consideration of any disputes, if the subject of an objection to any of the following cases:
- To be an objection to any decision issued by PNINA.
- Be contested domain name abuse a clear violation of the terms and provisions of Palestinian Domain Name Registration Regulation or any other rules and procedures issued by PNINA.
- The disputable domain name is similar or resemble somewhat ambiguous for the domain name returns to the Complainant or to his trade name or trademark, provided that the registration or use of domain name is contested was in bad faith, the purpose of this paragraph, is that none of the following facts, for example and without limitation, evidence that the domain name registration or use was in bad faith:
- That the registration was for the purpose of sale or transfer, lease the domain name or in any form for the benefit of the complainant as the owner of a trademark or trade name for the domain name, or for the benefit of a competitor of the complainant.
- The registration was for the purpose of preventing the owner of a trademark or trade name registration of a domain name corresponding to such trademark or trade name.
- That the main purpose of the registration or use it to impede the activity of the complainant.
- That the purpose of registration or use was with a view to attracting Internet users or convert them to visit the site on the Internet so that the illusion that this site under the auspices of complainant or related to him or any of trademarks or trade names of him.
- All correspondence relating to these regulations Direct to the Director General of PNINA.
- To communicate with PNINA regarding the disputes through the updated and published on the website, note that the official website (www.pnina.ps), unless you select another way to contact.
- All correspondence between the parties or between the parties and PNINA must be collective; it is not permissible for any of the parties to address the other party (including PNINA) without providing the other a copy of the correspondence, and its annexes.
- Correspondence is issued pursuant to these Regulations have been properly sent to the parties if was sent to the addresses mentioned in the form of dispute or information in the contested domain name available to PNINA.
- All correspondence issued pursuant to these Regulations must be prepared in Arabic; the language may be accepted according to the conditions set by PNINA for each individual case.
- PNINA may communicate with the parties by e-mail or other appropriate means chosen by PNINA.
- Complainant is the only one responsible for ensuring that the contact information listed in the dispute form is valid, accurate and updated during the period of dispute.
4. Dispute Submission
- Its allowed for anybody to submit/file a dispute to PNINA, in accordance with the regulations contained in this Regulation.
- Dispute can be submitted electronically or through any other means specified by PNINA, and according to the form designated for that purpose and which can be accessed through the website, which can include the following:
- The identity of the complainant and his contact information.
- The name of the person representing complainant, and his contact information.
- Domain name or domain names disputed.
- The identity of the Respondent and his contact information.
- The reasons behind the dispute, as set out in paragraph (2.2) of this Regulation.
- Details of the dispute.
- Determine requirements of dispute as set out in paragraph (3.7).
- Statement of any dispute or previous or existing issues related to the disputed domain name.
- Must include all the contacts required, the following information: postal address, phone numbers and mobile, fax, and email address.
- Adoption from the complainant of the following:
- Validity and accuracy of the information provided.
- The only purpose of submission of the dispute is set out in the request.
- Approval of complainant to the exclusive jurisdiction of the Palestinian laws and regulations and the Palestinian courts in the consideration of all the subject of dispute, including any remedy or appeal against any action or decision issued by PNINA on the dispute.
- PNINA may reject the application if complainant violates this approval.
- Complainant has to approve all of terms and conditions contained in this Regulation.
- Complainant has to approve all of terms and conditions contained in domain registration Regulation( in case of transfer the domain name).
- Dispute must be accompanied by a copy of all supporting documents as contained in its dispute.
- It is allowed to dispute to be related on more than one domain to return all disputed domains to one registrants.
5. Dispute revision
- PNINA respond to complainant within five working days if there are deficiencies in the dispute requires updating and is committed to complainants to complete the deficiencies within five working days, PNINA may reject the request if it is too out of the five days, without affecting the right of complainants to apply new dispute again.
- PNINA reviews the dispute and the completion during the fifteen working days from the date of submission of dispute to the decision to reject or accept the dispute with the reasons in case of refusal.
- If the Commission determines that the dispute is a resubmission of a previously submitted dispute has been decided upon; it must reject this dispute to the new without considering the merits, the dispute does not contain new facts or new evidence were not available the time of the first dispute.
- If a dispute presented to any judicial or quasi-judicial body may not consider dispute until a decision is taken from that side, but if the dispute had been submitted before the date of the presentation.
6. Dispute handling
- In case of dispute acceptance, PNINA transmits a copy to the Respondent to respond to dispute within a maximum period of fifteen days and inform the respondent that in case of non-reply within the period specified, will be decided by PNINA in dispute as provide information in its possession, including information provided by the complainant.
- The Respondent response must be:
- Specific aspects addressed in the dispute.
- Including all aspects dealt with the dispute.
- Includes the recognition accuracy of the information provided and according to the form prescribed by PNINA.
- Attached with all supporting documents to guarantee response.
- PNINA may at any time to request from any party to information, documents or additional statements relating to the dispoute, and must be submitted within the time period determined by PNINA and in accordance with the form and the means which are determined by PNINA.
- All conversations on the dispute are in writing, its not allowed to any of the parties to do any action on oral
- PNINA Consider dispute according to what is available in front of the documents and information, and consistent with the general rules and regulations of PNINA and in particular the rules and regulations and procedures related to Palestinian domain names .
- All dispute parties treat on equality; PNINA gives each party a fair opportunity to clarify his opinion.
- Complainant may withdraw his dispute at any time before the issuance of PNINA decision on dispute, the dispute will not be accepted again, except in the case that the withdrawal was for the purposes of reaching an amicable solution between the complainant and the respondent or any other cause reasonably acceptable to PNINA.
- Unless PNINA decides otherwise, it may not transfer or delete the disputed domain name or off or make any modifications to its information, and that pending the completion of the consideration of the dispute.
7. PNINA decision on the dispute
- PNINA must issue its final decision on the dispute within a maximum period of sixty days from the date of acceptance to resolve the dispute.
- PNINA shall notify its decision to the parties of dispute as soon as issued, and it may be appealed in accordance with Palestinian law.
- PNINA’s decision against the dispute Determined as a result of any of the following:
- To reject the dispute and to maintain the status quo.
- Correct decision of PNINA issued in respect of registration services.
- Cancel the registration of the disputed domain name
- Transfer the registration to complainant, provided that complainant meets the eligibility requirements for domain name registration.
- PNINA’s role determined execution of PNINA decision against dispute.
8. PNINA ‘s decision on the dispute resolution implementation
- The decision of PNINA on any dispute enforce after three working days from the date of its issuance, without affecting any grievance or appeal may be submitted against the decision, unless a decision is issued by a competent judicial authority to stop the implementation of the resolution.
- If PNINA’s decision contain cancellation of the disputed domain registration or transfer it to complainant, the resolution implementing according to procedures established by PNINA in this regard.
9. General Provisions
- PNINA has the right to determine fees for the meeting to consider disputes.
- The implementation of these Regulations and the resulting resolutions of the applicable laws and regulations in force in Palestine.
- These regulations will be approved from the Board of Directors of PNINA and will be valid from the date posted on the website.
- This regulation and its terms or provisions may be amended from time to time by the PNINA without any prior notice, provided that the amendment is posted on the website.
- PNINA may publish any information about the disputes or the resulting decisions according to the means by which it deems appropriate.