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International Centre for Dispute Resolution (ICDR) Supplementary Procedures for String Confusion Objections (Rules) 10 January 2012 Impartiality and Independence of Experts Article 1 1. Dispute Resolution Panelists, who shall be referred to as “Experts”, acting under the New gTLD DISPUTE RESOLUTION PROCEDURES and these Rules shall be impartial and independent. Prior to accepting appointment, a prospective Expert shall disclose to the Dispute Resolution Service Provider (DRSP) any circumstance likely to give rise to justifiable doubts as to the Expert’s impartiality or independence. If, at any stage during the proceedings, new circumstances arise that may give rise to such doubts, an Expert shall promptly disclose such circumstances to the parties and to the DRSP. Upon receipt of such information from an Expert or a party, the DRSP shall communicate it to the other parties and to the panel. 2. No party or anyone acting on its behalf shall have any ex parte communication relating to the case with any Expert. Challenge of Experts Article 2 1. A party may challenge any Expert whenever circumstances exist that give rise to justifiable doubts as to the Expert’s impartiality or independence. A party wishing to challenge an Expert shall send notice of the challenge to the DRSP within 10 days after being notified of the appointment of the Expert or within 10 days after the circumstances giving rise to the challenge become known to that party. 2. The challenge shall state in writing the reasons for the challenge. 3. Upon receipt of such a challenge, the DRSP shall notify the other parties of the challenge. Upon review of the challenge the DRSP in its sole discretion shall make the decision on the challenge and advise the parties of its decision. The challenged Expert may also withdraw from office upon notice of the challenge.

ICDR

Page 1

1/10/2012


  


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