FAQ's

1. To which disputes does the Palau pwTLD Dispute Resolution Policy (the "Policy") apply?
2. What kind of action can be taken if one wishes to file a Complaint regarding a registered PW domain name?
3. Who is entitled to commence an administrative proceeding under the pwTLD Dispute Resolution Policy (the "Policy") and its related Rules of Procedure?
4. On what grounds can an administrative proceeding in regard to a dispute in connection with a registered PW domain name be based?
5. What constitutes "bad faith" in connection with the registration and use of a registered PW domain name?
6. What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding PW domain names?
7. What are the steps in the administrative proceeding process in regard to a dispute involving a PW domain name?
8. How long should a PW administrative proceeding process take?
9. What is the language of a PW administrative proceeding?
10. How much does an administrative proceeding in regard to a disputed PW domain name cost?
11. How are fees in regard to a PW domain name dispute administrative proceeding to be paid?
12. Is it necessary for a Party to be represented by a lawyer in a PW domain name dispute administrative proceeding?
13. Can a Complaint include more than one disputed PW domain name?
14. Will PW Registry Corporation and the Registrar of the disputed PW domain name involve in the administrative proceeding?
15. If a Complainant duly commences an administrative proceeding regarding a PW domain name, can the Complainant still go to courts in connection with the disputed PW domain name?
16. Will a Party against whom an administrative proceeding in regard to a PW domain name is filed have recourse to the courts?
17. Where can I obtain information about who the registered holder of a PW domain name is?
18. What happens if a Complaint in respect of a PW domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?
19. Is it necessary for a Party against whom a Complaint in respect of a PW domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?
20. What happens if a Response is not filed on time or at all?
21. How is a Panel for an administrative proceeding in respect of a PW domain name dispute dispute established?
22. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?
23. What kind of Decision can a Panel make in a PW domain name administrative proceeding?
24. Is it possible to challenge a Decision in respect of a PW domain name made by a Panel pursuant to an administrative proceeding?
25. How is a Decision of a Panel in respect of a PW domain name administrative proceeding carried out?

1. To which disputes does the Palau pwTLD Dispute Resolution Policy (the "Policy") apply?

Answer: The pwTLD Dispute Resolution Policy (the "Policy") applies to disputes involving registered PW domain names.

2. What kind of action can be taken if one wishes to file a Complaint regarding a registered PW domain name?

Answer: Under the pwTLD Dispute Resolution Policy (the "Policy"), the action to be taken is to commence an administrative proceeding by filing a Complaint with a domain name dispute resolution provider appointed by the PW Registry Corporation ("REGISTRY"), such as the Hong Kong International Arbitration Centre (HKIAC) in accordance with the pwTLD Dispute Resolution Policy (the "Policy"), its related Rules of Procedure and the Supplemental Rules of the domain name dispute resolution provider, such as the Hong Kong International Arbitration Centre (HKIAC).

3. Who is entitled to commence an administrative proceeding under the pwTLD Dispute Resolution Policy (the "Policy") and its related Rules of Procedure?

Answer: Any person or company is entitled to commence such a proceeding.

4. On what grounds can an administrative proceeding in regard to a dispute in connection with a registered PW domain name be based?

Answer: Article 4 (a) of pwTLD Dispute Resolution Policy (the "Policy") states that the Complainant commencing an administrative proceeding in connection with a registered PW domain name must prove the following:-

1. the disputed domain name is identical or confusingly similar to a trademark, service mark, tradename or business name in which the Complainant has rights; and;
2. the disputed domain name has been registered in bad faith and is being used in bad faith; and;
3. the disputed domain name holder have no rights or legitimate interests in respect of the domain name.

It should be noted that in order to succeed in an administrative proceeding under the Palau pwTLD Dispute Resolution Policy (the "Policy"), it is necessary for the Complainant to prove that all three (3) elements are present.

5. What constitutes "bad faith" in connection with the registration and use of a registered PW domain name?

Answer: Article 4(b) of pwTLD Dispute Resolution Policy (the "Policy") gives the following as examples of evidence of the presence of bad faith, it being important to note that these are examples and are indicative only and are not limitative:-

1. Circumstances indicating that you have registered the domain name in bad faith:
   
   
1. You have registered or you have acquired the domain name for the purpose of selling, renting, or otherwise transferring the domain name registration to the Complainant who is the owner of a coined trademark, service mark, tradename or business name or to a competitor of that Complainant, for valuable consideration in substantial excess of your documented out-of-pocket costs directly related to the domain name; or
2. You have registered the domain name primarily for the purpose of disrupting the business of a competitor or public or professional activities of another person.
   
   
2. Circumstances indicating that you have used the domain name in bad faith:
   
   
1. By using the domain name, you have intentionally attempted to attract, for commercial gain, Internet users to your 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 your web site or location or of a product or service on your web site or location.
   
   
3. The following circumstances are not in themselves evidence that the domain name has been registered or is being used in bad faith:
   
   
1. Failure on your part to activate a domain name; and
2. Failure to respond on your part does not relieve the Complainant of the burden of proving all the required elements of the complaint.
   
   

6. What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding PW domain names?

Answer: The Hong Kong International Arbitration Centre (HKIAC) has been appointed by the Palau PW Registry Corporation ("REGISTRY") as the dispute resolution provider for .pw domain name disputes. As such, the HKIAC administers the administrative proceedings brought under the pwTLD Dispute Resolution Policy (the "Policy") in accordance with the Rules for the pwTLD Dispute Resolution Policy (the "Rules") and the HKIAC's own Supplemental Rules.

7. What are the steps in the administrative proceeding process in regard to a dispute involving a PW domain name?

Answer: Generally speaking, the steps are as follows:-

1. The Complainant files a Complaint with the Hong Kong International Arbitration Centre;
2. The HKIAC notifies the registered holder of the PW domain name in question of the Complaint and sends a copy of the Complaint to the registered holder;
3. the registered holder of the PW domain name in question files a Response;
4. the HKIAC selects the Panel of one or three persons, as the case may be, which will conduct the administrative proceeding in respect of the disputed PW domain name and which will make a determination in regard to the dispute;
5. the Panel conducting the administrative proceeding renders its Decision;
6. if the Decision of the Panel conducting the administrative proceeding requires that the PW domain name in question be cancelled or transferred, the Decision is implemented.

   Also see the Flow chart of Proceedings.

8. How long should a PW administrative proceeding process take?

Answer: The administrative proceedings process should under normal circumstances take less than 60 days from the date a Complaint is duly filed with the Hong Kong International Arbitration Centre (HKIAC) until the Parties and the relevant Registrar are notified of the Decision of the Panel conducting the administrative proceedings.

9. What is the language of a PW administrative proceeding?

Answer: Article 11 of the Rules for the pwTLD Dispute Resolution Policy (the "Rules") states that All communications shall be made in English.

10. How much does an administrative proceeding in regard to a disputed PW domain name cost?

The costs of the administrative proceedings are set by the domain name dispute resolution provider in consultation with the PW Registry Corporation ("REGISTRY")

According to Article 15 of the Supplemental Rules for the pwTLD Dispute Resolution Policy, the fees are as follows:

Normally, the Complainant is responsible for paying all the fees, unless the Respondent (i.e. the holder of the PW domain name which is in dispute) chooses to have the administrative proceeding conducted by a Panel of three (3) Panelists whereas the Complainant has chosen to have the Complaint decided by one (1) Panelist, in which case the fees are to be shared equally between the Parties.

It should also be noted, that according to Article 19 (d) of the Rules for the pwTLD Dispute Resolution Policy, in the exceptional circumstances that an in-person hearing is required, there will be additional fees to be paid which amount will be established by the HKIAC in agreement with the Parties and the Panel.

The fees referred to above do not include any payments that a Party might have to pay to a lawyer or other representative representing such Party, which is a matter entirely for such Party.

11. How are fees in regard to a PW domain name dispute administrative proceeding to be paid?

Answer: According to the HKIAC Supplemental Rules for the pwTLD Dispute Resolution Policy, fees are to be paid to the HKIAC free of any bank charges, transfer fees or any withholdings, in United States Dollars (US$), by way of cash, cheque, draft or telegraphic transfer. Cheques or drafts are to be made payable to "Hong Kong International Arbitration Centre".

Telegraphic transfers are to be made as follows:

Account name: Hong Kong International Arbitration Centre
Account no.: 004-567-190897-001
Bank: The Hongkong and Shanghai Banking Corporation Limited

12. Is it necessary for a Party to be represented by a lawyer in a PW domain name dispute administrative proceeding?

Answer: No, it is not required, although a Party might well find it useful to engage the services of a legal advisor for the purpose. A Party may represent itself or be represented by any person such Party may choose.

13. Can a Complaint include more than one disputed PW domain name?

Answer: Yes. According to Article 3 (e) of the Rule for the pwTLD Dispute Resolution Policy, the complaint may relate to more than one domain name, provided that the same domain name holder registers the domain names. Also please note that Article 10 (e) of the Rule for the pwTLD Dispute Resolution Policy provides that in the event of multiple disputes between a domain name holder and a Complainant, the Panel shall decide a request by a Party to consolidate multiple domain name disputes in accordance with the Policy and these Rules.

14. Will PW Registry Corporation and the Registrar of the disputed PW domain name be involved in the administrative proceeding?

Answer: No. According to Article 4 (h) of the pwTLD Dispute Resolution Policy (the "Policy"), PW Registry Corporation ("REGISTRY") and the relevant Registrar will not participate in the administration or conduct an administrative proceeding in respect of a PW domain name, and neither will the relevant Registrar be liable as a result of a Decision rendered by a Panel which has conducted an administrative proceeding. The relevant Registrar is not to be named as a party or otherwise in any administrative proceeding.

15. If a Complainant duly commences an administrative proceeding regarding a PW domain name, can the Complainant still go to courts in connection with the disputed PW domain name?

Answer: Article 4 (K) of the pwTLD Dispute Resolution Policy (the "Policy") states that the administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the Complainant from submitting the dispute to a court of competent jurisdiction in the Republic of Palau for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait twenty (20) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that twenty (20) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under [CITE PARAGRAPH] of the Rules. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See [CITE PARAGRAPH] of the Rules for details.) If we receive such documentation within the twenty (20) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

16. Will a Party against whom an administrative proceeding in regard to a PW domain name is filed have recourse to the courts?

Answer: Article 4 (K) of the pwTLD Dispute Resolution Policy (the "Policy") states that the administrative proceeding requirements set forth in Paragraph 4 shall not prevent either you or the Complainant from submitting the dispute to a court of competent jurisdiction in the Republic of Palau for independent resolution before such mandatory administrative proceeding is commenced or after such proceeding is concluded. If an Administrative Panel decides that your domain name registration should be canceled or transferred, we will wait twenty (20) business days (as observed in the location of our principal office) after we are informed by the applicable Provider of the Administrative Panel's decision before implementing that decision. We will then implement the decision unless we have received from you during that twenty (20) business day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that you have commenced a lawsuit against the complainant in a jurisdiction to which the complainant has submitted under [CITE PARAGRAPH] of the Rules. (In general, that jurisdiction is either the location of our principal office or of your address as shown in our Whois database. See [CITE PARAGRAPH] of the Rules for details.) If we receive such documentation within the twenty (20) business day period, we will not implement the Administrative Panel's decision, and we will take no further action, until we receive (i) evidence satisfactory to us of a resolution between the parties; (ii) evidence satisfactory to us that your lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing your lawsuit or ordering that you do not have the right to continue to use your domain name.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

17. Where can I obtain information about who the registered holder of a PW domain name is?

Answer: Information on registered PW domain name holders can be obtained by clicking on (http://www.pwregistry.pw) to enquire about the domain name from the database.

18. What happens if a Complaint in respect of a PW domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?

Answer: According to Article 7 of the HKIAC Supplemental Rules for the pwTLD Dispute Resolution Policy, if the HKIAC determines that there are deficiencies in the Complaint, the HKIAC shall notify the Complainant of such deficiencies and the Complainant shall remedy such deficiencies within five (5) calendar days.

19. Is it necessary for a Party against whom a Complaint in respect of a PW domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?

Answer: Yes. Under the terms of the Registration Agreement between the Registrar and the registered holder of a PW domain name, the latter agreed to participate in any administrative proceeding commenced in respect of the PW domain name in question.

20. What happens if a Response is not filed on time or at all?

Answer: According to Article 5 (a) of the Rules for the pwTLD Dispute Resolution Policy and Article 6 of the HKIAC Supplemental Rules for the pwTLD Dispute Resolution Policy, a Party who is the registered holder of a PW domain name against whom a Complaint is filed with the HKIAC must respond within thirty (30) calendar days of the date the HKIAC transmits the Complaint to such Party. In the event that such person, otherwise known as the Respondent, does not file a Response (including the payment of any relevant fees) within the said thirty (30) calendar days, according to Article 5 (f) of the Rules for the pwTLD Dispute Resolution Policy, the Panel will decide the case based on the information available to it.

21. How is a Panel for an administrative proceeding in respect of a PW domain name dispute established?

Answer: The Panels which conduct PW domain name disputes are composed of one (1) or three (3) Panelists, as the case may be. The Hong Kong International Arbitration Centre (HKIAC) maintains a list of Panelists whom the HKIAC considers to be independent, reputable, knowledgeable, experienced, impartial and suited to undertake the task of deciding disputes in respect of PW domain names. The HKIAC selects the Panelists to sit on a pwTLD Dispute Resolution Policy Panel on a case-by-case basis in light of the following criteria:- the nature of the dispute, the availability of the Panelist(s), the identity of the Parties, the independence and impartiality of the Panelist (s), any stipulations in the relevant Registration Agreement and any suggestions made by the Parties themselves.

Prior to an appointment, a proposed Panelist must declare in writing to the Parties and the HKIAC any circumstances which could give rise to any justifiable doubt as to the Panelist's impartiality or independence or prevent a prompt resolution of the dispute in question. If, at any stage during an administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of a Panelist, the Panelist in question shall promptly disclose such circumstances to the HKIAC, in which event the HKIAC shall have the discretion to appoint a substitute Panelist. Unless the Parties otherwise agree, no person shall serve as a Panelist in a dispute in which that person has any interest which, if a Party knew of it, might lead the Party to think that the Panelist might not be impartial or independent.

22. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?

Answer: According to Article 15 (b) of the Rules for pwTLD Dispute Resolution Policy, in the absence of exceptional circumstances the Panel in question shall forward to the Hong Kong International Arbitration Centre (HKIAC) the Panel's Decision on a Complaint within fourteen (14) calendar days of the appointment of the Panel.

Article 16 (a) of the Rules for pwTLD Dispute Resolution Policy, the HKIAC shall communicate the Decision of Panel to the Parties and the Registrar of the PW domain name which was the object of the administrative proceeding within three (3) calendar days of the receipt by the HKIAC of the Decision.

23. What kind of Decision can a Panel make in a PW domain name administrative proceeding?

Answer: A Decision by a Panel conducting a PW domain name dispute administrative proceeding must be in writing. The kinds of Decision a Panel conducting a PW domain name dispute may render are limited. That is, a Panel might decide in one of two ways - (a) that the Complaint is not justified, in which case the existing registered PW domain name holder shall be entitled to retain the PW domain name in question; or (b) the Panel may decide that the Complaint is justified in which case the Panel will order that the domain name in dispute should be cancelled or transferred to the Party which brought the Complaint.

It should be noted that if a Panel, which conducts a PW domain name dispute administrative proceeding finds that a Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding, the Panel is required to state in its Decision that this was the case.

A Panel may neither make money awards nor awards relating to costs, including without limitation, lawyer's fees and costs.

24. Is it possible to challenge a Decision in respect of a PW domain name made by a Panel pursuant to an administrative proceeding?

Answer: Article 8 of the pwTLD Dispute Resolution Policy (the "Policy") states that the administrative proceedings called for under the pwTLD Dispute Resolution Policy shall not prevent either a Complainant or a domain name holder from submitting the dispute to a court in the place where PW Registry Corporation ("REGISTRY") is situated or to go for an arbitration before the administrative proceeding is commenced or after the administrative proceeding is concluded.

1. Transfers of a Domain Name to a New Holder - You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Dispute Resolution Proceedings (Article 4 of the "Policy") or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
   
   
2. Changing Registrars - You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Dispute Resolution Proceedings (Article 4 of the "Policy") or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.

25. How is a Decision of a Panel in respect of a PW domain name administrative proceeding carried out?

Answer: If a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for fifteen (15) business days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision

1. Transfers of a Domain Name to a New Holder - You may not transfer your domain name registration to another holder (i) during a pending administrative proceeding brought pursuant to Dispute Resolution Proceedings (Article 4 of the "Policy") or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded; or (ii) during a pending court proceeding or arbitration commenced regarding your domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. We reserve the right to cancel any transfer of a domain name registration to another holder that is made in violation of this subparagraph.
   
   
2. Changing Registrars - You may not transfer your domain name registration to another registrar during a pending administrative proceeding brought pursuant to Dispute Resolution Proceedings (Article 4 of the "Policy") or for a period of fifteen (15) business days (as observed in the location of our principal place of business) after such proceeding is concluded. In the event that you transfer a domain name registration to us during the pendency of a court action or arbitration, such dispute shall remain subject to the domain name dispute policy of the registrar from which the domain name registration was transferred.