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The Czech Arbitration Court, the european domain names dispute resolution institution

PRAHA, Czech Republic – On the 20th of January, Assas students visited the Czech arbitration Court (CAC) directed by Mr. Petr Hostas, board member, who kindly introduced how this institution operates and the various problems it faces regarding domain names dispute resolution.

Photo de groupe CAC

Attached to Czech Republic’s Commerce and Agricultural Chambers, the CAC was founded in 1949 as a standard arbitration court. In the past 10 years, it heard more than 11.000 disputes, a significant part of which was related to domain names, especially those registered in .eu, as the CAC bears an exclusive competence to render alternative dispute resolution related to such assets.

ABOUT .eu ADR

ADR, or External disputes resolution (EDR), refers to any method of resolving disputes other than by litigation. It includes early neutral evaluation, negotiation, conciliation, mediation and, most important of all, arbitration where one or more persons selected by the parties will hear the dispute and render a binding decision. The main advantage of the arbitration procedure over court litigation is that it usually provides a faster and cheaper way of resolving a dispute regarding the registration and use of a domain name. Practice shows that in the absence of exceptional circumstances it takes on average only three months to resolve a “.EU” ADR dispute.

 Regarding the latter, the CAC is the only Arbitration Court in the world which is competent to hear disputes and render alternative disputes resolutions. This exclusive power is based on two EU regulations:

     –     Regulation (EC) 733/2002 of the European Parliament and the Council of 22 april 2002 on the implementation of the .eu Top Level Domain;

     –     Commission regulation 874/2004 of 28 april 2004 laying down public policy rules on the implementation and functions of the .eu Top Level Domain and the principles governing registration.

In order to handle .eu disputes efficiently, the CAC provides 113 panelists from different legal and cultural backgrounds. Arbitrators from over 30 countries can be selected to hear a dispute and the Court’s proceedings can be conducted in 24 different languages.

Since 2006, the CAC managed more than a thousand disputes related to the registration of .eu domain names. Most of them occurred in 2006, as you may see hereinafter.

Schema eu disputes

ABOUT UDRP DISPUTES

In addition to its exclusive competence in .eu dispute resolution, the CAC is approved by the Inter Corporation for Assigned Names and Numbers (ICANN), since 2008, to receive Uniform Domain-Name Dispute-Resolution (UDRP) disputes. It’s one of two UDRP providers in Europe, and one of the 4 in the world.

 ICANN is a nonprofit private organization headquartered in Los Angeles. Created on September, 18, 1998, it is responsible for the coordination “at the overall level, the global Internet’s systems of unique identifiers, and in particular to ensure the stable and secure operation of the Internet’s unique identifier systems” (ICANN bylaws, article 1, section 1).

Uniform Domain-Name Dispute-Resolution refers to a process established by the ICANN for the resolution of disputes regarding the registration of Internet domain names. It includes many top-level domains such as .aero, .asia, .com, .net, .org, etc. and is based on UDRP Policy.

In order to handle UDRP disputes, CAC owns 38 panellists from 12 different countries.

Between 2009 and 2013, numbers of disputes has increased, from 21 to 98 in 2013, as you may see hereinbelow:

Schema UDRP disputes

 

In closing, here is a chronology about CAC competences evolution:

– 08/2004: CAC is allowed to deal with .cz domaine name disputes;
– 04/2005: CAC is selected as the exclusive Alternative dispute resolution (ADR) provider for .eu;
– 02/2006: CAC received first .eu disputes;
– 01/2008: CAC is approved by Inter Corporation for Assigned Names and Numbers (ICANN);
– 01/2009: CAC received first gTLD (UDRP) disputes.

Be aware that all disputes are handled via an online platform, which allowed a better visibility and management.

 

Sam GUYONVARCH, Faustine CACHERA, Basile DUCLOS.

 

 

 

 

 

 

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