The .web Independent Review Process (IRP) Panel issued a Final Decision six months ago, in May 2021. Immediately thereafter, the claimant, Afilias Domains No. 3 Limited (now a shell entity known as AltaNovo Domains Limited), filed an application seeking reconsideration of the Final Decision under Rule 33 of the arbitration rules. Rule 33 allows for the clarification of an ambiguous ruling and allows the Panel the opportunity to supplement its decision if it inadvertently failed to consider a claim or defense, but specifically does not permit wholesale reconsideration of a final decision. The problem for Afilias’ application, as we said at the time, was that it sought exactly that.
The Panel ruled on Afilias’ application on Dec. 21, 2021. In this latest ruling, the Panel not only rejected Afilias’ application in its entirety, but went further and sanctioned Afilias for having filed it in the first place. Quoting from the ruling:
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The Panel ruled on Afilias’ application on Dec. 21, 2021. In this latest ruling, the Panel not only rejected Afilias’ application in its entirety, but went further and sanctioned Afilias for having filed it in the first place. Quoting from the ruling:
n the opinion of the Panel, under the guise of seeking an additional decision, the Application is seeking reconsideration of core elements of the Final Decision. Likewise, under the guise of seeking interpretation, the Application is requesting additional declarations and advisory opinions on a number of questions, some of which had not been discussed in the proceedings leading to the Final Decision.
In such circumstances, ...
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