Proposed Implementation of the IGO-INGO Curative Rights Policy Recommendations

What We Need Your Input On

ICANN is seeking public comment on documents drafted to implement Board-adopted Generic Names Supporting Organization (GNSO) policy recommendations concerning curative rights protections for Intergovernmental Organizations (IGOs) and International Non-Governmental Organizations (INGOs). The GNSO has recommended that ICANN implement these recommendations to enable IGOs to utilize the Uniform Domain Name Dispute Resolution Policy (UDRP) and Uniform Rapid Suspension (URS) procedures without waiving their privileges and immunities related to court proceedings, and at the same time provide registrants with a path to challenge the outcomes of such proceedings in a new arbitral process. This Public Comment proceeding addresses the collective implementation outputs of two interrelated sets of Board-adopted Consensus Policy recommendations:

• The Final Report on the IGO-INGO Access to Curative Rights Protection Mechanisms Policy Development Process (PDP) (2018)
• The Final Report from the Expedited Policy Development Process (EPDP) Team on Specific Curative Rights Protections for IGOs (EPDP) (2022)

The IGO-INGO Curative Rights Implementation Review Team (IRT) has worked with ICANN org to develop three distinct deliverables. Reviewers are requested to evaluate these documents for alignment with the following recommendations:

• Updates to the UDRP and UDRP Rules: Modifications allowing recognized IGOs to file complaints against abusive domain registrations without compromising their legal rights and privileges.
• Updates to the URS Procedure and Rules: Amendments ensuring the rapid suspension process can accommodate IGO complainants.
• Policy Guidance on IGO Usage of the UDRP and URS: Supplemental guidelines designed to help IGOs navigate both dispute resolution mechanisms while preserving registrant rights.

Draft Updates to the UDRP and URS Rules and Procedures

The key changes to the UDRP, URS, and accompanying rules include:

• Adding a definition of “IGO Complainant” to identify, with specificity, the parties to which these policy amendments and arbitral proceedings relate.
• Protecting IGO Immunity: Modifications to exempt IGO Complainants from the requirement to agree to a Mutual Jurisdiction (as defined in the UDRP and URS).
• New Arbitral Proceeding for Use in UDRP and URS Disputes initiated by IGOs: Introduction of a binding arbitration mechanism within both dispute processes. An IGO Complainant must agree to participate in this new arbitral proceeding if the registrant elects to pursue it in the following circumstances:
  • Within ten (10) business days of a UDRP panel decision or URS appeal panel decision rendered in favor of the IGO Complainant;
  • Where the registrant initiates court proceedings, within ten (10) business days from the date of a court order declining to hear the merits of the case on the basis of IGO privileges and immunities.

Following the GNSO Council Resolution on 15 January 2026, the IRT agreed to an additional procedural window. A domain registrant may request to initiate the Arbitral Proceeding early - before a UDRP or URS appeal decision is formally rendered. The IGO Complainant retains discretion to accept or decline the registrant's request to arbitrate only in scenarios where this arbitral review is sought prior to a UDRP or URS decision. 

Important information regarding pending URS Updates (RPM Phase 1)

Please note that the ICANN Board has also adopted additional policy recommendations that relate to the URS, from Phase 1 of the Policy Development Process on the Review of All Rights Protection Mechanisms (RPM Phase 1). The resulting updates to the URS underwent public comment in 2023 and are also in the implementation phase. The draft URS provisions presented for public comment here do not take these pending RPM Phase 1 updates into account and are based strictly on the currently published versions of the URS documentation.

Following their publication, both sets of updates will be systematically reconciled by ICANN org to ensure consistency and compatibility before publication of the final revised URS documentation.

Policy Guidance on IGO Usage of the UDRP and URS

The policy guidance document provides guidance on:

• The eligibility of IGOs to file a complaint using the UDRP/URS;
• How IGOs can demonstrate standing under these procedures; and
• The availability of arbitration, including the EPDP-developed Arbitral Proceeding, to address the claims made in UDRP and URS proceedings involving IGOs.

The 2018 Curative Rights PDP recommended that ICANN also publish policy guidance detailing how IGOs can establish standing to file complaints and their procedural filing options (Recommendations #2 and #3). However, those recommendations were effectively superseded by the 2022 Expedite Policy Development Process (EPDP) Curative Rights recommendations in the EPDP Final Report, which advanced a comprehensive framework for establishing IGO eligibility and standing to file UDRP and URS complaints. Accordingly, ICANN has drafted, in consultation with the Implementation Review Team (IRT), a single, comprehensive Policy Guidance document, rather than the two separate pieces of guidance. The current document published for Public Comment reflects the later EPDP recommendations to provide the community with a more relevant, accurate, and helpful resource.

Policy guidance is just that: guidance. Guidance does not create new policy requirements or rules. This document is non-binding in nature and is intended solely to provide information and guidance, at the recommendation of the GNSO. This document will impose no requirements on UDRP/URS users or contracted parties, nor does it constitute legal advice.

Note to Reviewers

This is a unique and complex policy implementation effort, involving multiple sets of Consensus Policy recommendations and critical inputs from both the IRT and GNSO Council to address a longstanding issue of importance within the ICANN community. Pursuant to the GNSO PDP and EPDP procedures and ICANN Bylaws, each set of recommendations have already been subject to thorough community input and review. As ICANN proceeds to implement the documentation necessary to effect these policy recommendations, submissions to this Public Comment proceeding should relate strictly to this final implementation stage. As such, the community is requested to confirm whether the draft materials adequately implement the Board-approved policy recommendations, and should not revisit the content or merits of the policy recommendations themselves.

Please also note that a guided submission form is in use for this proceeding.

Background

The nature and scope of ICANN policy protections for identifiers associated with IGOs has been a long-standing issue within the ICANN community. The GNSO Council initiated the Policy Development Process (PDP) on IGO-INGO Access to Curative Rights Protection Mechanisms in June 2014. The original Curative Rights PDP completed its final report in 2018. While the GNSO Council adopted Recommendations 1 - 4 of the PDP, Recommendation 5 was not adopted due to significant community divergence over its proposed approach to cases where an IGO successfully pleads jurisdictional immunity in a court appeal. To address the unresolved issues discussed in Recommendation 5, the GNSO Council launched an Expedited Policy Development Process (EPDP) on Specific Curative Rights Protections for IGOs. The EPDP concluded its work in April 2022. On 30 April 2023, the ICANN Board adopted the combined packages from both policy development processes - approving Recommendations 1 - 4 from the original PDP alongside all five recommendations from the subsequent EPDP, and directed ICANN Org to begin implementation.

The IGO-INGO Curative Rights Implementation Review Team (IRT), composed of community volunteers identified for their deep knowledge of the policy recommendations and related issues, convened on 27 March 2025. Following discussions within the IRT regarding the precise timing of when the new arbitral process could be utilized, the GNSO Council adopted a resolution on 15 January 2026 clarifying the intent of the policy recommendations, allowing the IRT to finalize the draft implementation language in June 2026.

Next Steps

ICANN org will prepare a Public Comment Summary and Analysis Report at the conclusion of the comment period. ICANN org will review the comments received in collaboration with the IRT to determine whether any changes need to be made to the draft materials as a result of the input received.  The final version of the updated UDRP and URS documents will be published on the respective UDRP and URS home pages. The Policy Guidance will also be posted on the ICANN website and brought to the attention of the Governmental Advisory Committee (GAC), as per PDP Recommendation 3.

Supporting Information

This additional information from ICANN org provides more context for this Public Comment Proceeding and may help you review the proposals for input and publish a submission.