Decisión del Panel Administrativo nº DAE2018-0006 of WIPO Arbitration and Mediation Center, August 10, 2018 (case Nakheel PJSC v. Shabina Ghani Aqeel)

• Resolution Date: August 10, 2018
• Issuing Organization: WIPO Arbitration and Mediation Center
• Decision: Transfer
• Dominio: Emiratos Árabes Unidos (.ae)

WIPO Arbitration and Mediation Center

ADMINISTRATIVE PANEL DECISION

Nakheel PJSC v. Shabina Ghani Aqeel

Case No. DAE2018-0006

1. The Parties

The Complainant is Nakheel PJSC of Dubai, United Arab Emirates (“UAE”), represented by Gowling WLG (UK) LLP, UAE.

The Respondent is Shabina Ghani Aqeel of Scarborough, Canada, self-represented.

2. The Domain Name and Registrar

The disputed domain name [alkhailavenuemall.ae] (the “Domain Name”) is registered with AE Domain Administration (.aeDA).

3. Procedural History

The Complaint was filed with the WIPO Arbitration and Mediation Center (the “Center”) on July 18, 2018. On July 18, 2018, the Center transmitted by email to AE Domain Administration (.aeDA) a request for registrar verification in connection with the Domain Name. On July 22, 2018, AE Domain Administration (.aeDA) transmitted by email to the Center its verification response confirming that the Respondent is listed as the registrant and providing the contact details. The Complainant filed an amended Complaint on July 25, 2018 to resolve an administrative formality.

The Center verified that the Complaint together with the amended Complaint satisfied the formal requirements of the UAE Domain Name Dispute Resolution Policy - UAE DRP approved by .aeDA (the “Policy”), the Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the “Rules”), and the Supplemental Rules for UAE Domain Name Dispute Resolution Policy - UAE DRP (the “Supplemental Rules”).

In accordance with the Rules, Sections 2(a) and 4(a), the Center formally notified the Respondent of the Complaint, and the proceedings commenced on July 26, 2018. In accordance with the Rules, Section 5(a), the due date for Response was August 15, 2018. The Response was filed with the Center on July 30, 2018.

The Center appointed Ian Lowe as the sole panelist in this matter on August 4, 2018. The Panel finds that it was properly constituted. The Panel has submitted the Statement of Acceptance and Declaration of Impartiality and Independence, as required by the Center to ensure compliance with the Rules, Section 7.

On August 6, 2018, the Complainant made an unsolicited supplemental filing of an incomplete additional Annex to the Complaint comprising further email exchanges between the Respondent and the Complainant’s representatives. The Panel made an order requesting a complete copy of the additional Annex. This was duly filed on August 7, 2018 and provoked a further...