Attention! Rules and Supplemental Rules for .eu disputes are available here
The Uniform Domain Name Dispute Resolution Policy and the Rules for Uniform Domain Name Dispute Resolution Policy are to be found at Types of Disputes > UDRP.
CAC‘s UDRP Supplemental Rules of the Czech Arbitration Court
1. Scope
- Relationship to Rules. These Supplemental
Rules are to be read and used in connection
with the Rules for Uniform Domain Name Dispute Resolution Policy, approved by
the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 (the "Rules").
- Version of Supplemental Rules. The version of these Supplemental Rules in effect on the date of the submission of the Complaint
shall apply to the administrative proceeding commenced thereby.
2. Definitions
Class Complaint means a single
Complaint filed against a single domain-name holder in regard to multiple
disputed domain names with the same language of UDRP proceeding filed by a
single person acting on behalf of two or more Complainants and requesting
separate relief for each Complainant for different disputed domain names than
for the other Complainants joined in the Class Complaint.
Provider means the Arbitration Court attached to the Economic Chamber of
the Czech Republic and Agricultural Chamber of the Czech Republic.
Time of Filing means a point in time when the following conditions are fulfilled:
- a Complaint has been properly filed with the Provider; and
- the appropriate fee for the proceeding is received by the Provider.
Working Days mean all days falling between Monday and Friday other than those
which are public holidays in the country or the state where the Provider or
either of the Parties, as the case may be, is subject to an obligation to
adhere to a period of time as specified under these Supplemental Rules.
Any other term defined in the Rules shall
have the same meaning when used in these Supplemental Rules.
3. Art. 2 of the Rules: Communications
- The Parties shall be required to adhere
to communication instructions contained in Annex C hereto.
- The Parties shall be required to use for
their other communication during the proceeding form documents set out in Annex B
hereto and posted on the Provider’s
web
site.
- A system log of data messages of the Provider
shall be considered as valid records in the absence of any evidence of
malfunction of the Provider’s system.
- At the request of a Party filed before
the expiration of the relevant period(s) of time, the Provider and,
after its appointment, the Panel, may – in its sole discretion - extend
the periods of time laid down in these Rules which are applicable to the
Parties in exceptional circumstances or upon agreement by both Parties.
The Provider and, after its appointment, the Panel, shall decide
on any such limited period of extension.
- The expiration of any given time period occurs
at midnight (24.00) of the final day of that respective time period, based on
the time observed in the location of the Provider or either of the Parties, as
the case may be, which are subject to an obligation to adhere to a period of
time as specified under these Supplemental Rules. When the last day of a
deadline prescribed by the Rules and/or ADR Supplemental Rules is not a Working
Day, the time period shall be extended automatically to include the next
Working Day following the last day of the deadline.
- When a hard-copy submission is to be made to the
Provider by a Party, it shall be submitted in three (3) copies together with one (1)
original of such submission.
4. Art. 3 of the Rules:
The Complaint
- It is possible to file a Class Complaint
provided the following conditions are met:
- The Class Complaint is based on legal arguments
applicable equally, or substantially in the same manner, to all the disputed
domain names;
- the person representing several different
Complainants joined in the Class Complaint must provide evidence that it is
authorized to act on behalf of each of the Complainants; and
- for the avoidance of doubt, the Panel can order
transfer of any of the disputed domain name(s) only to the individual
Complainant on which behalf such transfer was requested in the Class Complaint,
in accordance with the Policy.
- The Provider shall advise the Parties of
the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters
relating to the dispute and communications to the ADR Panel.
The Case Administrator may provide administrative assistance to the Panel or Panellist(s),
but shall have no authority to decide matters of a substantive nature
concerning the dispute.
- Any proceeding(s) against a domain name holder
with a later Time of Filing with respect to the same domain name(s)
shall be suspended pending the outcome of the proceeding initiated by the Complaint
with the earliest Time of Filing. If in such proceeding the Panel
decides to grant the Complainant the remedies requested, all suspended
proceedings will be terminated and any fees paid shall be reimbursed. If in the
proceeding the Panel rejects the Complaint, the Provider shall
activate the Complaint next in time to the Time of Filing. The Providershall notify the respective Complainant(s) of the termination,
activation, or continued suspension of their Complaint(s) in writing
within five (5) days from the date the Panel decision related to the
prior Complaint is issued.
5. Art. 4 of the Rules: Notification of Complaint
- Complainant has
the option to request that the Provider review its decision to withdraw
the Complainant’s Complaint due to administrative deficiency
pursuant to Art. 4(b) of the Rules. The procedure related to such a request
shall be as follows:
- The request shall be submitted to the Provider within 5 days
from receiving the information about the withdrawal and shall:
- specify the information under Art. 3 (b) (ii),
(iii) and (vi) of the Rules; and
- specify the Complainant’s arguments why the Provider’s decision to withdraw the Complaint
is deemed incorrect.
- The Provider will acknowledge receiving the request from the Complainant,
subject to the receipt of the fees due and will appoint a single expert from
its list of panellists to provide the requested review of its decision.
- The appointed expert shall finalize the review within twelve (12) days
from the date of its appointment. The results of the review shall be
communicated to the Complainant and Respondent without delay.
- In the event, the expert review finds in favor of the Complainant’s
arguments, the sole right of the Complainant is that the Provider
will return the UDRP fees for filing the Complaint and will return the
fee applicable for filing the request to review the Provider’s decision
to withdraw the Complaint due to its administrative deficiencies.
6. Art. 6 of the Rules:
Appointment of the Panel and Timing of Decision
- The Panellist appointed in accordance with
Art. 6 (e) of the Rules from the Provider’s list of Panellists shall be the Presiding Panellist, coordinating the Panel.
7. Art. 7 of the Rules: Impartiality and
Independence
- Prior to appointment as a Panellist, a
candidate shall be required to submit to the Provider a Declaration of
Independence and Impartiality using the form included in the list of Forms contained in Annex B
hereto and posted on the Provider’s web site.
8. Art. 11 of the Rules: Language of Proceedings
- All documents including communications made as part of
the proceeding shall be made in the language of the proceeding. The Panel
may disregard documents submitted in other languages than the language of the
proceeding without requesting their translation. Any communication by the Provider
which, from its content, cannot be regarded as amounting to procedural
documents (such as cover letters with which the Provider sends
procedural documents or automatic system notifications generated by the Provider’s
application) shall be made in the language of the proceeding or in English.
9. Art. 15 of the Rules: Panel Decision
- The Panel decisions will meet the requirements
set forth in Art. 15 of the Rules
and will comply with all formal requirements
contained in these Supplemental
Rules. Each Panel decision shall contain a brief
summary in English. A model decision is included in the list of Forms contained
in Annex B hereto and posted in the Provider’s website.
- Within seven (7) days of receiving the decision,
a Party may, by written notice to the Panel and the other Party,
request the Panel to correct in the decision any errors in computation, any clerical
or typographical errors, or any errors of a similar nature. Any such
corrections shall be given in writing to the Parties and shall become a part of
the decision.
The Panel may correct any errors on its own initiative of the type referred
to in the preceding Art. within seven (7) days of the date of the decision
being rendered.
10. Art. 16 of the Rules: Communication of
Decisions to Parties
The Provider shall inform the Parties, the
Registry and the concerned Registrar(s) of the Panel’s decision. ICANN shall
be informed of the Panel’s decision through its publication. The Provider shall
publish the full decision on his website, listing at least the following:
- The domain name which is in dispute and is the
subject of a Complaint;
- The case number;
- The Complainant and the Respondent.
The decision shall be published in the
language of the proceeding. With respect to proceedings which are not conducted
in English, the Provider shall also publish accompanying unofficial English
translations of selected decisions.
11. Art. 17 of the Rules: Settlement or Other
Grounds for Termination
- If the Parties wish to negotiate a
settlement, the Complainant may request that the Provider or,
after its constitution, the Panel suspend the proceeding for a
limited period. The suspension period may be extended by the Panel upon
the Complainant’s request. Any such suspension shall be without
prejudice to the obligation of the Panel to forward its decision on the Complaint
to the Provider within the time period specified by the Provider.
Resumption of the proceeding shall take place automatically upon receipt of a
request thereto from either the Respondent or the complainant or
upon the expiration of such limited and specified time period.
- The Panel shall terminate the proceeding
if it becomes aware that the dispute that is the subject of the Complaint
has been finally decided by a court of competent jurisdiction or an alternative
dispute resolution body.
12. Art. 19 of the Rules: Fees
The fees applicable for
administrative procedures and obligatory payment instructions are specified in
Annex A hereto and posted on the Provider’s website. The Provider
may grant discounts on the applicable fees in justified cases. The conditions
for obtaining discounts shall be published on the Provider’s website.
13. Word Limits
The following limitations shall apply as to
length of the Complaints and Responses:
The word limit under Art. 3 (b) of the Rules shall
be 5,000 words.
The word limit under Art. 5 (b) of the Rules shall
be 5,000 words.
14. Amendments
Subject to the Rules, the Provider may
amend these Supplemental Rules in its sole discretion.
15. Effective date
These Supplemental Rules apply to all cases
filed on or after 1 January 2009.
16. List of Annexes
Annex A: Fee Schedule;
Annex B: List of Forms;
Annex C: Communication
Instructions
Annex A: Fee Schedule
Fees of the Czech
Arbitration Court (CAC)
All UDRP Fees below are in EUR
|
Number of
Domain Names involved
in the Complaint
|
Fee for Panellists
|
CAC's Administrative Fee
|
Total Fees
|
|
Single Panellist
|
Three
Panellists
|
Single Panellist
|
Three Panellists
|
|
Presiding Panellist: |
Each Co-Panellist: |
|
1 to 5
domain names
|
900
|
1200
|
600
|
400
/
700
|
1300
|
3100
|
|
6 to 10
domain names
|
1100
|
1500
|
800
|
500
/
900
|
1600
|
4000
|
|
11 to 20
domain names
|
1300
|
1800
|
900
|
600
/
1100
|
1900
|
4700
|
|
21 to 30
domain names
|
1500
|
2100
|
1050
|
700
/
1300
|
2200
|
5500
|
|
31 to 40
domain names
|
1700
|
2400
|
1200
|
800
/
1500
|
2500
|
6300
|
|
41 to 50
domain names
|
1900
|
2700
|
1350
|
900
/
1700
|
2800
|
7100
|
|
1 to 5
domain names
|
900
|
1200
|
600
|
400
/
700
|
1300
|
3100
|
|
6 to 10
domain names
|
1100
|
1500
|
800
|
500
/
900
|
1600
|
4000
|
|
11 to 20
domain names
|
1300
|
1800
|
900
|
600
/
1100
|
1900
|
4700
|
|
21 to 30
domain names
|
1500
|
2100
|
1050
|
700
/
1300
|
2200
|
5500
|
|
31 to 40
domain names
|
1700
|
2400
|
1200
|
800
/
1500
|
2500
|
6300
|
|
41 to 50
domain names
|
1900
|
2700
|
1350
|
900
/
1700
|
2800
|
7100
|
|
51 domain names or more
|
|
|
|
To be decided in consultation with the CAC.
|
|
|
|
Preliminary control of a complaint for
administrative compliance
|
|
|
|
60
|
|
|
|
Request for a review of admin. decision of the
CAC (Art. 5 (a) of CAC’s Supplemental Rules
|
|
|
|
250
|
|
|
The Czech Arbitration Court will grant a
substantial discount on UDRP Fees for administrative proceedings which have
been terminated early. Specifically, when a Complaint is withdrawn or a
proceeding is terminated before the Panel has been appointed, the CAC will
withhold a processing fee equal to the CAC’s Administrative Fee and
return the remainder of the UDRP Fees to the respective Parties.
The Czech Arbitration Court will return
the UDRP Fees applicable for filing a request to review the CAC’s administrative
to terminate an administrative proceeding due to administrative deficiencies,
if the review is concluded in favor of the Complainant.
Explanatory Notes:
- As already mentioned, all the fees mentioned
above are in EUR including VAT on Panellist’s fees. The CAC is not VAT
registered.
- All the fees are payable before respective
filings by (i) credit cards/charge cards; and/or (ii) bank transfer to the
following account of the Czech Arbitration Court: IBAN CZ11 2700 0000 0035 9413 0024; S.W.I.F.T. code: BACX CZ PP, variant symbol: [Case Number]; and/or (iii)
cheques.
Annex B: List of PRINCIPAL Forms
|
No
|
Form
|
note
|
|
A1
|
Complaint
|
|
|
A2
|
Notification of Fees unpaid
|
|
|
A3
|
Termination due to Fees unpaid
|
|
|
A4
|
Acknowledgement of Receipt of Complaint
|
|
|
A5
|
Complaint suspension-termination
|
|
|
A6
|
Notification of Deficiencies in
Complaint
|
|
|
A7
|
Amended Complaint
|
|
|
A8
|
Termination due to defective Complaint
|
|
|
A9
|
Notification of Complaint and
Commencement of admin. proceeding
|
|
|
A10
|
Response
|
|
|
A11
|
Acknowledgement of Receipt of Response
|
|
|
A12
|
Administrative Compliance Checklist -
Response
|
|
|
A13
|
Notification of Respondent’s Default
|
|
|
A14
|
Notification of Complainant to choose
Candidates for Panellists
|
|
|
A15
|
Selection of Panel Candidates by
Complainant
|
|
|
A16
|
Statement of Acceptance and Declaration
of Impartiality and Independence
|
|
|
A17
|
Notification of Appointment of Panel and
Projected Decision Date
|
|
|
A18
|
Decision
|
|
|
A19
|
Announcement of Activation of Suspended
Complaints
|
|
|
A20
|
Notification of Continued suspension
|
|
|
A21
|
Notification of Termination of suspended
Complaint
|
|
|
A22
|
Account Information
|
|
|
A23
|
Non standard communication
|
|
Annex C: Communication Instructions
Unless specified otherwise in the UDRP
Policy, Rules and CAC’s UDRP Supplemental Rules, any written communication
within the administrative proceedings shall be made by the preferred means
stated by the Complainant or Respondent, respectively. If such preferred or
prescribed form of communication is electronic form, or in the absence of such
specification, any written communication must be realized via our secured
on-line platform accessible on www.adr.eu. Should the preferred or
prescribed form of communication be through registered mail or courier service
(or telecopy or fax), all written communication must be in duplicate with one
copy sent via the on-line platform, except for annexes (if any) available only
in hardcopy.
In order to communicate via our on-line
platform, you need to open and/or obtain your user account and receive a unique
login. For these purposes, please see our Help information.