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Newsletters and Bulletins / May 2005 / Domain Names - .EU Domain Names - Alternative Dispute Resolution (ADR)

Domain Names - .EU Domain Names - Alternative Dispute Resolution (ADR)

The .eu domain name registry for Europe, EURid, has established an ADR procedure for dealing with disputes relating to .eu domain names, the principal features of which are outlined below.

1. ADR is facilitated by the Prague-based Arbitration Court in the Czech Republic.

2. An ADR proceeding may be initiated where a domain name is identical or confusingly similar to a name in respect of which a right is recognized or established by national and/or Community law provided that this name:

(a) has been registered by its holder without rights or legitimate interest in the name; or

(b) has been registered or is being used in bad faith.

3. ADR proceedings must be in one of the Official European Union (EU) languages and unless otherwise agreed by the parties, or specified in the registration agreement, the ADR will be carried out in the language selected by the holder of the disputed domain name. For disputes against EURid the language will be English and questions to the Czech Arbitration Court not related directly to a particular ADR process should also be in English.

4. ADR proceedings against a decision of EURid to register a Sunrise domain name must be filed within 40 days of a Sunrise-related decision. There is no time limit for filing complaints against domain name holders.

5. During an ADR it is not possible to transfer a domain name but it may continue to be used.

6. There shall be no in-person hearings. The decision shall be based solely on the documents and other written evidence unless the panel determines under exceptional circumstances that such a hearing is necessary.

7. Any failure to comply with any time periods established by the ADR rules shall be considered acceptance of the claims of the other party, and shall be reason enough to proceed to a decision on the complaint.

8. ADR decisions shall be final and not subject to an appeal.

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© Copyright 2006 Ladas & Parry - Posted 5/23/2006
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