|
|
Home / The FORUM's CRCP (kids.us) Supplemental Rules
Effective Septmeber 1, 2003, this version of the FORUM's CRCP (kids.us) Supplemental Rules governs the FORUM's administration of the CRCP.
Download Current Version Use the links below to download the current version of the FORUM's CRCP Supplemental Rules. The PDF file requires Adobe Reader software. You can download Adobe Reader from Adobe's website.
The FORUM's CRCP (kids.us) Supplemental Rules The FORUM's CRCP (kids.us) Supplemental Rules
CRCP Supplemental Rules
- Definitions
- Rule(s) refers to the Rules for Content Removal Challenge Policy, as adopted by the U.S. Department of Commerce (DOC).
- Policy refers to the KIDS.US Content Removal Challenge Policy, approved by the DOC.
- Forum refers to the National Arbitration Forum.
- Platform refers to NAF’s online challenge communication policy and procedures, located at [http://www.arbitration-forum.com].
- Scope
The Forum will apply the Rules, the Policy and NAF’s Supplemental Rules in effect at the time a Challenge is submitted. The Forum’s Supplemental Rules may be amended by NAF in its sole discretion.
- Communications
All communications including those required by the Supplemental Rules must be made using the Platform, in accordance with paragraph 2(a) of the Rules.
- The Challenge
- The Challenge must be submitted electronically using NAF’s Platform.
- The Challenge must include all elements required by Rule 3.
- The Challenge description required by paragraph 3(d)(v) of the Rules must not exceed 2,000 words.
- The Registry Response
- The Response must be submitted electronically using NAF’s Platform.
- The Response must include all elements required by Rule 5.
- The Response description required by paragraph 5(a)(ii) of the Rules must not exceed 2,000 words.
- Submission of Documents
- All documents must be submitted electronically using NAF’s Platform.
- Any submission made in support of a party’s Challenge or Response must be submitted in an acceptable format. Acceptable formats for document submissions are limited to plain text (.txt), Microsoft Word (.doc), and Adobe Acrobat (.pdf).
- The Record of the Administrative Proceeding
The Challenge, Response, and any additional annexed documentary or other evidence as provided in Rules 3 and 5 constitute the complete record to be considered by the Panel.
- Appointment of the Panel
Upon receipt of a Response, NAF will appoint a single Panelist from its list of qualified neutrals.
- Impartiality and Independence
- All Forum Panelists will take an oath to be neutral and independent.
- A Panelist will be disqualified if circumstances exist that create a conflict of interest or cause the Panelist to be unfair and biased, including but not limited to the following:
- The Panelist has a personal bias or prejudice concerning a party or personal knowledge of disputed evidentiary facts;
- The Panelist has served as an attorney to any party or the Panelist has been associated with an attorney who has represented a party during that association;
- The Panelist, individually or as a fiduciary, or the Panelist’s spouse or minor child residing in the Panelist’s household, has a direct financial interest in a matter before the Panelist;
- The Panelist or the Panelist’s spouse, or a person within the third degree of relationship to either of them, or the spouse of such a person:
- Is a party to the proceeding, or an officer, director, or trustee of a Party; or
- Is acting as a lawyer or representative in the proceeding.
- A party may challenge the selection of a Panelist, provided that a decision has not already been communicated, by filing with NAF a written request stating the circumstances and specific reasons for the disqualification.
- A request to challenge must be filed electronically with the Director of Arbitration within five calendar (5) days of the date of receipt of the notice of the selection.
- Provided a decision has not already been communicated by the Panel, NAF will promptly review the challenge and determine whether circumstances exist requiring Panelist disqualification in accord with this rule.
- Communications Between Parties and the Panel
- No party may directly communicate with a Panelist.
- The parties may communicate electronically with NAF, using the Forum’s Platform, which will assure that the requirements of Rule 2 are fully satisfied.
- Withdrawal
- The Challenger may withdraw the Challenge without prejudice prior to Commencement and before expiration of the five (5) day deficiency period described in paragraph 4(b) of the Rules. The Challenger must electronically submit a withdrawal request to NAF using the Forum’s Platform.
- After Commencement but before a Panel decision is communicated, the Challenge may be withdrawn with prejudice if both parties agree to the withdrawal. A withdrawal request must be submitted to NAF electronically by both parties, using NAF’s Platform.
- The Challenge cannot be withdrawn after a Panel decision is communicated to the parties.
- Decisions
Panel decisions will meet the requirements set forth in Rule 15.
- Correction of Clerical Mistakes
Clerical mistakes or errors in the Panel’s decision arising from oversight or omission by the Panel may be corrected by the Director of Arbitration for NAF.
- Communication of Decision to Parties
- The Forum will communicate the content of the Panel’s decision electronically to each party as required by the Rules.
- The Forum will not publish Content Removal Challenge Policy decisions publicly.
- Fees (U.S. Dollars)
- Hearing Fees
The hearing fee for a Content Removal Challenge proceeding is $500.
- Submission of Fees
The hearing fee must accompany the original Challenge or, if paid separately, must be received by NAF prior to the expiration of the thirty (30) day Challenge filing deadline set forth in paragraph 3(b) of the Rules, or prior to the expiration of the five (5) day deficiency period set forth in paragraph 4(b) of the Rules, whichever occurs first.
- Non-Refundable Fees
Fees to be paid to NAF as provided in these Supplemental Rules must be paid in U.S. Dollars and are non-refundable.
- Effective Date
These Supplemental Rules apply to all cases filed on or after September 1, 2003.
|
|