חזרה לעמוד הקודם

Dispute Resolution Panels

February 12, 2019

Last update: April 2022.

Alternative Dispute Resolution Procedure for the Allocation of Domain Names Under the Israeli ccTLDs – in English (“.IL”) and in Hebrew (“.ישראל”) (the “IL-DRP”)

The Hebrew version of the Dispute Resolution Rules is the official version. Where the Dispute Resolution Rules are translated and published in other languages, such as English and Arabic, and where there is a discrepancy between the translated version and the Hebrew version, the Hebrew version will prevail.

Please note – as of the last update of these Dispute Resolution Rules, the language of the proceedings will be Hebrew, for both Domain Names registered in the “.IL” Registry and Domain Names registered in the “.ישראל” Registry.

The IL-DRP is an alternative dispute resolution service, intended to provide expedited resolution to disputes regarding the allocation of Domain Names under the Israeli ccTLDs –  in English (“.IL”) and in Hebrew (“.ישראל”) (the “Dispute”) – in accordance with the Registration Rules for each of the ccTLDs [for the Registration Rules of the “.IL” Registry – click here][for the Registration Rules of the “.ישראל” Registry – click here](each of the Registration Rules: the “Rules”).

The IL-DRP is not intended to replace the judicial system. Consent to use the IL-DRP service does not constitute an arbitration agreement as defined by the Israeli Arbitration Law.

The Dispute

  1. Under the IL-DRP, only third-party claims as to an existing allocation of a Domain Name to its registered Holder will be reviewed. Each Dispute will be reviewed on a case-by-case basis.
  2. The following matters will not be reviewed under the IL-DRP:
    • A request to disallow the allocation of a Domain Name in advance.
    • A Dispute regarding a Domain Name which was allocated prior to January 1st, 1999, only in the “.IL” Registry (the date when the amended Registration Rules for the “.IL” Registry became effective), unless the Holder agreed in writing to such dispute resolution.
    • A Dispute between a Holder and an Accredited Registrar as to the allocation of a Domain Name, concerning the quality of the service provided by the Accredited Registrar, a breach of the service agreement between the Holder and the Registrar, or any other commercial matter.
    • Denial of an Application to allocate a Domain Name in the relevant Registry (“.IL” or “.ישראל”( operated by the Israel Internet Association (RA) (the “Registry” and “ISOC-IL” respectively).
    • Cancellation by ISOC-IL of an allocation of a Domain Name.
    • A Dispute as to the allocation of a Domain Name to a Holder based on claims of negligence or other improper act by ISOC-IL. Any such Dispute may be reviewed in accordance with the law through the competent judicial authority.

Conditions for the Procedure

  1. A Dispute as to the allocation of a Domain Name to its Holder may be brought before the IL-DRP by a third-party (the “Complainant”), provided all the following conditions are met:
    • The Domain Name is identical or confusingly similar to a trademark, trade name, registered corporation name or the registered name of a legal entity of the Complainant (the “Name”); and –
    • the Complainant has rights in the Name; and –
    • the Holder has no rights in the Name; and –
    • the Application for allocation of the Domain Name was made or the Domain Name was used in bad faith.
  2. Evidence of Allocation or Use in Bad Faith
    • For the purposes of Section 3.4 above, without limitation, any of the following circumstances, if found to be present, shall be evidence of the allocation or use of a Domain Name in bad faith:
      1. 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;
      2. The Holder has requested allocation of the Domain Name primarily for the purpose of disrupting the business of a competitor;
      3. Circumstances indicating that allocation of the Domain Name was made primarily for the purpose of selling, renting, or otherwise transferring the Domain Name allocation to the Complainant who is the owner of a trademark or a service mark, or to a competitor of the Complainant, for valuable consideration in excess of documented out-of-pocket costs by the Holder directly related to the allocation of the Domain Name;
      4. The Holder has requested the allocation of the Domain Name in order to prevent the owner of a trademark or service mark from reflecting the mark in a corresponding Domain Name, provided that there is evidence of the Holder engaged in a pattern of such allocations;
      5. By using the Domain Name, the Holder has intentionally attempted to attract, for commercial gain, Internet users to its website or other online location, by creating a likelihood of confusion with Complainant’s Name as to the source, sponsorship, affiliation, or endorsement of its website or location or of a product or service on its website or location.

Procedure

  1. Submission of a Petition
    • A Petition to hear the Dispute will be submitted via e-mail to: appeal@isoc.org.il and will include all materials and arguments that would enable the IL-DRP Panelist or Panel, as defined in Section 8, to make a determination.
    • The Petition may include any number of Domain Names held by a single Holder and it may include Domain Names registered in the “.IL” Registry and/or the “.ישראל” Registry. However, the Panelist or Panel are authorized to determine that the Petition against the Holder should be divided into separate proceedings.
    • The Petition must include the following details:
      1. Full names of the parties, their addresses, phone numbers, e-mails or any other of their contact details.
      2. A description of the Dispute including an explicit reference to each of the four conditions for the procedure.
      3. Payment of the IL-DRP Fees, according to the procedure set forth in the Fees Schedule below.
    • Language
      1. All information transmitted via e-mail will be in Hebrew.
      2. All documents attached to the Petition will be in Hebrew or in English.
      3. The Panelist or Panel may order that documents in any language be provided with a full or partial translation into either Hebrew or English.
  1. IL-DRP Fees
    • When the Petition is submitted, the Complainant will pay an IL-DRP Fee to ISOC-IL in accordance with the Fees Schedule herein, as updated from time to time. Only upon payment of the IL-DRP Fee a Panelist or Panel will be appointed to hear the Dispute.
  2. Suspension of Registration Status of a Domain Name During IL-DRP Procedure
    • Following the submission of the Petition and payment of the IL-DRP Fee, the Disputed Domain Name cannot be Re-Assigned or Deleted from the Registry, until the procedure is completed. In addition, no changes will be made to the registration details of the Holder of the Domain Name or the registered contact persons for the Domain Name. The Domain Name will continue to be active until the Dispute is resolved.
  3. Appointment of Panelist/Panel
    • ISOC-IL will appoint an expert to serve as an IL-DRP panelist (“Panelist”) to resolve the Dispute according to the procedures set forth in these Dispute Resolution Rules.
    • Each of the parties may request that the Dispute will be reviewed by a panel of three Panelists (“Panel”). The party requesting the extended Panel will pay the additional Fee for the additional Panelists together with the submission of the request for the appointment of a Panel.
      1. Where the Complainant is the party requesting the extended Panel, the request for a Panel will be filed together with the Petition or no later than 7 days from the submission of the Petition.
      2. Where the Holder is the party requesting the extended Panel, such request will be attached to the Holder’s response to the Petition (as detailed in Section 9 below).

No additional requests for an extended Panel may be filed in any other time other than as provided above.

  • ISOC-IL will appoint a Panelist or a Panel to resolve the Dispute within 28 days following the submission of the Petition and payment of the IL-DRP Fees. In the case of a Panel, ISOC-IL will designate one of the Panelist as Chair of the Panel.
  • The Panelist appointed by ISOC-IL will notify the parties of his/her appointment, or, in the case of a Panel, the Chair will notify the parties of the appointment of the Panel and the identity of the Panelists. The notification will be provided via e-mail.
    1. A party to the Dispute may request the replacement of the Panelist or a Panel member (including the Chair) on the grounds of a potential conflict of interests. Such a request will be submitted to the Panelist or the Chair of the Panel and will include details of the alleged potential conflict of interest.
    2. The Panelist or Panel will discuss the request and in the event it was decided that there is a possible conflict of interest, will inform ISOC-IL of such. ISOC-IL will replace the Panelist or appoint a different Panel member.
  1. Notification to the Holder and Holder’s Response
    • Following the appointment of the Panelist or Panel, a copy of the Petition and all submitted materials will be sent to the Holder via e-mail. Delivery will be made to the e-mail provided by the Holder when registering the Domain Name, or as the Holder updated it later on (as published in ISOC-IL’s WHOIS Service).
    • The Panelist or Panel may decide, at their discretion, to notify the Holder by means other than e-mail.
    • The Holder may submit a response and any additional relevant materials within 15 days from the date the Petition was sent to the Holder.
    • If the Holder’s response includes a request for an extended Panel (together with the Fee for the additional two Panelists), ISOC-IL will appoint the additional Panelists within 21 days of receipt of the request.
  2. Unless otherwise decided by the Panelist or Panel, the proceeding will be held in Hebrew.
  3. Subject to the Rules, the Panelist or Panel may conduct the proceeding in such a manner as they deem appropriate considering to purpose of providing expedited resolution to Disputes and the available technologies at the time.
  4. The Panelist or Panel may reasonably extend any date and time set in these Dispute Resolution Rules.

Additional Material

  1. The Panelist or Panel may ask the parties to provide additional material which is relevant to its determination in the Dispute (the “Additional Material”).
    • The Panelist or Panel may determine the means by which Additional Material will be provided to them.
    • Additional Material may include additional statements by the parties, other documents or affidavits.

Panelist/Panel Decision

  1. Majority Decision
    • In case of a Panel, the Panel’s decision will be made by the majority of the Panel members.
  2. Timing and Publication of the Decision
    • The Panelist or Panel will make reasonable efforts to reach a decision in the Dispute within 21 days from receipt of the Holder’s response or receipt of the Additional Material.
    • The Panelist or Panel will send their reasoned decision to the parties via e-mail.
    • Official Language of the Decision – Hebrew.

The official version of the decision (in Hebrew) will be published at: https://en.isoc.org.il/il-cctld/dispute_resolution. If the decision is translated to English and published together with the Hebrew version, and when there are any discrepancies between the versions, the Hebrew version will prevail. Decisions that were issued in the past in English will continue to be published in English. If such decisions are published together with a Hebrew version, and when there are any discrepancies between the versions, the English version will prevail.

  1. Decision that the Dispute is Unsuitable for IL-DRP
    • The Panelist or Panel may refrain from issuing a decision in the Dispute and determine that the Dispute is not suitable for expedited resolution through the IL-DRP procedure.
  2. Ex-Parte Decision
    • Where a party to the Dispute is not cooperating or refuses to provide Additional Material following a request to do so, or where attempts to contact the Domain Name Holder based on the information it provided do not succeed, the Panelist or Panel may reach a decision as to the Dispute based on the material provided by one party to the Dispute or based on the material already provided.

Binding Effect of the Decision

  1. ISOC-IL is obligated to implement any decision of the Panelist or Panel to allocate, Delete or Re-Assign the holding rights to the Domain Name in Dispute, Subject to the Rules and subject to any change of the decision by an Israeli Court.
  2. Decisions in Disputes may provide guidance for proceedings in other Disputes but are not binding for other IL-DRP proceedings.

Right to Seek Court Proceedings

  1. Submitting a Petition to the IL-DRP in no way precludes access or the right to turn to an Israeli Court.
  2. Despite the foregoing, turning to an Israeli Court in parallel to the IL-DRP proceeding will not affect or stay the IL-DRP proceeding, unless the Court expressly ordered otherwise.
  3. Where the made decision is to Delete the Disputed Domain Name, or to Re-Assign the holding rights from the Holder to the Complainant, ISOC-IL will notify the Holder of the expected Deletion or Re-Assignment at least 30 days before taking any such action, to allow the Holder to seek Court review of the decision.
  4. The decision of the Panelist or Panel is final and will not be re-examined by other IL-DRP Panelist or Panel.

Limitation of Liability

  1. Except with respect of deliberate wrongdoing by a Panelist or Panel, the Panelists or Panel members will not be liable to a party to the Dispute for any act or omission in connection with the IL-DRP proceeding.
  2. ISOC-IL is merely the facilitator in establishing the IL-DRP and its role is only technical and administrative. Except with respect of deliberate wrongdoing, ISOC-IL bears no liability to any party to a dispute and for any act or omission in connection with IL-DRP proceedings

IL-DRP – FEES SCHEDULE

  1. The following Fees and payment terms will apply to IL-DRP proceedings. ISOC-IL may amend the Fees from time to time and in particular will amend the Fees annually according to the changes in the Consumer Price Index. The valid Fee is the one published when the Petition is submitted.
    Fee Number of Domain Names included in the Petition and held by a single Holder.
    Single Panelist – ILS 2,908
    Panel of three – ILS 5,816
    (ILS 2,908 for Chair;
    ILS 1,454 for Panelist).
    1 to 5
    Single Panelist – ILS 4,362
    Panel of three – ILS 8,724
    (ILS 4,362 for Chair;
    ILS 2,181 for Panelist).
    6 to 10
    To be determined by ISOC-IL separately and according to the circumstances. 10 and more
  2. The Fee will be paid to ISOC-IL, as set forth below, together with the submission of the Petition.
  3. Payment will be made by one of the following means:
    • Bank transfer:
      Account Number: 144729
      Account Name: Israel Internet Association (RA)
      Branch: 616
      Bank: 12
      Bank details: Hapoalim Bank, 1 Hovevey Zion St., Peach Tikva, Israel
      Swift Code: POALILIT
    • A Check payable to the Israel Internet Association (RA)
    • Credit Card:

    All credit cards are accepted. Payments can be made through a phone conversation with ISOC-IL’s accounting department, available at +972-3-9700900.

  4. Payments for the Petition will not be accepted in cash or in any other method not detailed above.
  5. Bank commissions, transfer fees or other amounts added to the above Fees for facilitating the payment, will be borne by the party making the payment.

 

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