Help
- CAC and UDRP
- For Complainants
2.11 What possible recourse do I have if my Complaint is rejected for administrative non-compliance?
- For Respondents
- For Panellists
4.3 Class Complaint
- Technical Issues
5.3 Annexes
- UDRP Deadlines
- Fees
- Questions, comments
- Panel and Panellists
- FAQ
1. CAC and UDRP
2. For Complainants
If you forgot your Password, please go to "On-line Arbitration Platform/Login" found in the upper menu and click on "Forgotten password?" link. As prompted, fill in your Username and the e-mail address that you used for registration on the online platform and click the "Continue" button. You will receive a link to renew your password by email. If you forgot your Username as well, contact the CAC´s ADR team for support via email info@adr.eu
We recommend that you attach at least the following documents to your Complaint:
-
- Recent copy of an official database stating your rights in a trademark or other name right (e.g.excerpt from a database of registered trademarks operated by the relevant national trademark registry, together with a copy of the registration or renewal certificate);
- Copy of the prior notice to the respondent notifying the respondent of your prior rights in the disputed domain name and requesting the domain name to be transferred to you;
- Any other documents which in your view can prove the lack of respondent‘s rights or legitimate interest and registration and use of the disputed domain name in bad faith, e.g. respondent’s reaction to your prior notice, copies of webpages operated under the disputed domain names, communications evidencing that the disputed domain name has been put on sale etc.
In recently published article - CAC´s panelist Steve Levy provides several guidelines as to what makes a well-prepared UDRP complaint. See the article: How to Lose a UDRP Case
You can withdraw your Complaint at any time during the administrative proceeding. Please note that the fees will only be returned if the proceeding has been terminated before the Panel is appointed. In such case the CAC will return the portion of the fee that would otherwise be paid to the Panellist/s (Annex A of the UDRP Supplemental Rules).
2.5 Can I prepare my complaint off-line and then file it on the on-line platform?
If you prefer to prepare your Complaint off-line, you can prepare texts for your Complaint in your PC by using a text program such as MS Word and then copy and paste the text into the on-line Complaint form. This option is especially useful when preparing longer portions of the Complaint, e.g. in Factual and Legal Grounds.
2.6 I will be involved in multiple disputes. Can I access all my dispute case files on the on- line platform using a single Login (Username and Password)?
Yes, you can. All your cases for which you used the same Login (Username and Password) will be accessible in a single Master Case File. You will get to your Master Case File by clicking on the command “Access Your Disputes” available in the main menu on the on-line platform.
The CAC is introducing a Class Complaint procedure into the UDRP so that a single person representing multiple Complainants can file one complaint against a single domain name holder in regard to multiple disputed domain names, for a reasonable fee.
This procedural option is being introduced in response to the requests of right holders for a streamlined UDRP procedure to fight serial cybersquatters.
A Class Complaint can be filed under existing rules provided the following conditions are met:
a. The Class Complaint is based on legal arguments applicable equally, or substantially in the same manner, to all the disputed domain names;
b. The person representing the different Complainants joined in the Class Complaint must provide evidence that it is authorised to act on behalf of each of the Complainants; and
c. The Panel can order the transfer of any of the disputed domain name(s) only to the individual Complainant on whose behalf the transfer was requested in the Class Complaint, in accordance with established UDRP Policy.
A Panel can reject a Class Complaint in part or in full. The Panel may decide, as part of its Decision, whether one or more Complainants joined in the Class Complaint can file individual Complaints with respect to one or more disputed domain names regarding which the Class Complaint was rejected.
Mutual Jurisdiction is at least one court jurisdiction to which any Complainant has to submit himself in his Complaint with respect to any challenges to a decision in a UDRP proceeding; according to the UDRP Rules, the Complainant must submit to:
a. The principal office of the Registrar (provided the domain name holder has submitted to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name in its Registration Agreement); or
b. The domain name holder‘s address as provided in the registration of the domain name under Registrar’s WHOIS database at the time the complaint is submitted to the CAC.
As stated in the ICANN Compliance Newsletter issued in September 2008, the UDRP does not specifically state that registrars must "lock" disputed domain names. The UDRP states in Paragraph 8 that the registrant may not transfer a disputed domain name during a pending administrative proceeding and the registrar reserves the right to cancel any transfer of a domain name registration that is made in violation of Paragraph 8. To avoid the administrative burden associated with monitoring transfer requests involving disputed domain names, many registrars "lock" disputed domain names upon notice of a UDRP complaint by a dispute resolution provider. The registrar is not obligated by the UDRP to "lock" a domain name pursuant to the UDRP. Locking of disputed domain names by the registrar is, however, a common practice and it is encouraged in order to prevent registrant transfers that violate the UDRP
Immediately after filing your Complaint the CAC will notify the registrar(s) concerned with a request to lock the disputed domain names. The CAC will then check your Complaint for administrative compliance and will notify you regarding any deficiencies found therein within three (3) days following receipt of the UDRP fees payable by you. If your Complaint is administratively compliant, the CAC will notify the Respondent, the registrar(s) concerned, and ICANN to inform them that the administrative proceeding has commenced based on your Complaint.
In the interest of time and efficiency we recommend that you pay your UDRP fees at or before the time of filing. You can have the CAC preliminarily review the draft of your Complaint for administrative compliance prior to formal filing. This is a specific service offered by the CAC for a separate fee.
You can request the CAC to review its decision. CAC will appoint an independent expert for such review in accordance with the CAC‘s UDRP Supplemental Rules. If the expert finds in your favour, CAC will return the UDRP Fees paid for the rejected Complaint to you. In addition, you have the right to file your Complaint again
During a UDRP proceeding you must communicate only through the CAC; you cannot communicate directly with the Respondent or the Panel. When filing your Complaint you are required to choose a preferred method of communication. You have 3 options to choose from but please note that any written communication must be submitted to our online platform as well.
1. Electronic form. All communication takes place on the online platform and you are notified by e-mail of any communication addressed to you. You are thereby informed of all important events immediately. Any communication filed by you must be submitted via the on-line platform only.
2. Hard copy form (registered postal or courier service). All communication takes place on the online platform and, additionally, you receive any communication addressed to you in hard copy. Any communication filed by you must be submitted via the online platform and sent in hard copy as well.
3. Facsimile form (telefax). All communication takes place on the online platform and in addition you receive any communication addressed to you by fax. Any communication filed by you must be submitted via the online platform and sent by fax as well.
Please be aware that there are two exceptions to the preferred method of communication: starting from 1 March 2010, the Complaint and the Response must be submitted in electronic form only as prescribed directly by the Rules.
If there is no standard form corresponding to the type of communication you want to submit to the on-line platform, you may use the NSC (Non-Standard Communication).
You can file additional documents and/or arguments throughout the UDRP proceeding via the on-line platform using the NSC (Non-Standard Communication) form. If your preferred form of communication is not electronic communication you must file all documents in the preferred form as well. It is up to the discretion of the Panel to determine the extent to which it will consider your additional arguments and/or evidence before rendering its Decision.
If you wish to extend any prescribed deadline, you must ask for such extension via the on-line platform using the NSC (Non-Standard Communication) as well as by your preferred form of communication if it is different from electronic communication. Requests will be granted by the Panel or by the CAC if the Panel has not yet been appointed. Extensions will be granted only in very exceptional and fully justified situations, e.g. in the event of material, technical, or operational problems of the on-line platform.
During the UDRP proceeding you can always challenge impartiality of one or more of the case Panellists appointed to decide your case. You may do so via the on-line platform using the NSC (Non-Standard Communication) form and as well as by your preferred form of communication if it is different from electronic communication.
The Registrar(s) of the disputed domain name is/are obliged to implement the Decision rendered within ten (10) working days (according to the jurisdiction of the seat of the registrar(s) concerned) unless they are informed that a court action challenging the Decision was filed in the Mutual Jurisdiction accepted by the Complainant.
To file a Complaint please register on the online platform under "On-line Arbitration Platform/Register new user" found in the upper menu. You will then log in via "On-line Arbitration Platform/Login" and start a new dispute under "On-line Arbitration Platform/Start a new dispute". An interactive form will open which will guide you through the filing process
To change your authorized representative during a pending dispute please log in to the online platform and click on "Change the Complainant’s Authorized Representative for this administrative proceeding" below the table of the Case File.
To file a Complaint it is not necessary to create your own account. The Authorised Representative may create a Complaint and right at the beginning of the Complaint form chose option: “Are you preparing this Complaint as an external Authorized Representative on behalf of the Complainant? If yes, please click here”.
The CAC platform for UDRP proceedings contains forms only in the English language.
If the applicable language under paragraph 11 of the Rules is different from English, the Complainant may either:
a) Request the proceeding in English (in case the Complainant provides sufficient evidence that the change of the language is fair to both parties). The Panel may determine the change of the language if both parties are treated with equality, and that each party is given a fair opportunity to present its case. See for example decisions in cases CAC-UDRP-102277, CAC-UDRP-102439 or CAC-UDRP-102425.
b) File the Complaint in the language of the Registration Agreement. The Complainant in that case must translate the Complaint and all annexes to such language and file the Complain as an annex to the prescribed Complaint form. The CAC will in such case communicate the dispute with the respondent via email communication. The CAC is capable of handling filing in other languages only in cases where the CAC´s list of panelists includes panelists who will be able to deliver a decision in the language of the proceeding. For language skills of CAC´s panelists please see the List of Panelists.
If the CAC is not able to continue the proceeding in the prescribed language, it will reimburse the whole UDRP fee.
If one of the Parties wishes to negotiate a settlement during a pending UDRP proceeding, it may contact the other Party directly outside the UDRP proceeding or via the online platform by using a Non-Standard Communication (NSC). If the Parties agree on a settlement prior to the Panel‘s decision, the Panel or, if it has not yet been appointed, the CAC shall terminate the UDRP proceeding.
The only instance in which a Respondent is required to pay part of the UDRP fee is if the Complainant selects a single-member Panel and the Respondent selects a three-member Panel. If this occurs the Respondent is required to pay 50% of the fee for the three-member Panel (see § 19 of the UDRP Rules). All the UDRP Fees are available in the left-hand menu of your Case File on the on-line platform as well as in the main menu of the on-line platform under Procedures/Fees.
If you forgot your Username and/or Password, please go to "On-line Arbitration Platform/Login" found in the upper menu and click on "Forgot Your password?" link. As prompted, fill in the e-mail address that you used for registration on the online platform and login and click the "Set my password" button. You will receive instructions to set your new password by email
Should you wish to change your registration data, please go to "My Menu/Change of user details" in the upper menu. Make all necessary changes and click on the "Submit" button. Please be aware that the modifications will be reflected only in your future filings, not in the documents already submitted via the online platform
Yes, you can. All your cases for which you used the same Login (Username and Password) will be accessible in a single Master Case File. You will get to your Master Case File by clicking on the command “Access Your Disputes” available in the main menu on the on-line platform.
If you prefer to prepare your Response off-line, you can prepare texts for your Response in your PC by using a text program such as MS Word and then copy and paste the text into the on-line Response form. This option is especially useful when preparing longer portions of the Response, e.g. in Factual and Legal Grounds.
As stated in the ICANN Compliance Newsletter issued in September 2008, the UDRP does not specifically state that registrars must "lock" disputed domain names. The UDRP states in Paragraph 8 that the registrant may not transfer a disputed domain name during a pending administrative proceeding and the registrar reserves the right to cancel any transfer of a domain name registration that is made in violation of Paragraph 8. To avoid the administrative burden associated with monitoring transfer requests involving disputed domain names, many registrars "lock" disputed domain names upon notice of a UDRP complaint by a dispute resolution provider. The registrar is not obligated by the UDRP to "lock" a domain name pursuant to the UDRP. Locking of disputed domain names by the registrar is, however, a common practice and it is encouraged in order to prevent registrant transfers that violate the UDRP.
The CAC is introducing a Class Complaint procedure into the UDRP so that a single person representing multiple Complainants can file one complaint against a single domain name holder in regard to multiple disputed domain names, for a reasonable fee.
This procedural option is being introduced in response to the requests of right holders for a streamlined UDRP procedure to fight serial cybersquatters.
A Class Complaint can be filed under existing rules provided the following conditions are met:
a. The Class Complaint is based on legal arguments applicable equally, or substantially in the same manner, to all the disputed domain names;
b. The person representing the different Complainants joined in the Class Complaint must provide evidence that it is authorised to act on behalf of each of the Complainants; and
c. The Panel can order the transfer of any of the disputed domain name(s) only to the individual Complainant on whose behalf the transfer was requested in the Class Complaint, in accordance with established UDRP Policy.
A Panel can reject a Class Complaint in part or in full. The Panel may decide, as part of its Decision, whether one or more Complainants joined in the Class Complaint can file individual Complaints with respect to one or more disputed domain names regarding which the Class Complaint was rejected.
Immediately after filing your Response the CAC will confirm receipt of your Response. The CAC will review your Response without delay for administrative compliance and will notify you regarding any deficiencies found therein. The CAC will then proceed to appoint a Panel to decide the case.
During a UDRP proceeding you must communicate only through the CAC; you cannot communicate directly with the Complainant or the Panel. When filing your Response you are required to choose a preferred method of communication. You have 3 options to choose from but please note that any written communication must be submitted to our online platform as well.
1. Electronic form. All communication takes place on the online platform and you are notified by e-mail of any communication addressed to you. You are thereby informed of all important events immediately. Any communication filed by you must be submitted via the on-line platform only.
2. Hard copy form (registered postal or courier service). All communication takes place on the online platform and, additionally, you receive any communication addressed to you in hard copy. Any communication filed by you must be submitted via the online platform and sent in hard copy as well.
3. Facsimile form (telefax). All communication takes place on the online platform and in addition you receive any communication addressed to you by fax. Any communication filed by you must be submitted via the online platform and sent by fax as well.
Please be aware that there are two exceptions to the preferred method of communication: starting from 1 March 2010, the Complaint and the Response must be submitted in electronic form only as prescribed directly by the Rules.
If there is no standard form corresponding to the type of communication you want to submit to the on-line platform, you may use the NSC (Non-Standard Communication).
You can file additional documents and/or arguments throughout the UDRP proceeding via the on-line platform using the NSC (Non-Standard Communication) form. If your preferred form of communication is not electronic communication you must file all documents in the preferred form as well. It is up to the discretion of the Panel to determine the extent to which it will consider your additional arguments and/or evidence before rendering its Decision.
If you wish to extend any prescribed deadline, you must ask for such extension via the on-line platform using the NSC (Non-Standard Communication) as well as by your preferred form of communication if it is different from electronic communication. Requests will be granted by the Panel or by the CAC if the Panel has not yet been appointed. Extensions will be granted only in very exceptional and fully justified situations, e.g. in the event of material, technical, or operational problems of the on-line platform.
During the UDRP proceeding you can always challenge impartiality of one or more of the case Panellists appointed to decide your case. You may do so via the on-line platform using the NSC (Non-Standard Communication) form and as well as by your preferred form of communication if it is different from electronic communication.
The Registrar(s) of the disputed domain name is/are obliged to implement the Decision rendered within ten (10) working days (according to the jurisdiction of the seat of the registrar(s) concerned) unless they are informed that a court action challenging the Decision was filed in the Mutual Jurisdiction accepted by the Complainant.
To change your authorized representative during a pending dispute please log in to the online platform and click on "Change the Respondent’s Authorized Representative for this administrative proceeding" below the table of the Case File.
To file a Response please log in to the online platform according to the instructions sent to you by the CAC in the notification announcing the start of the administrative proceeding. Use the “Login” (Username and Password) or the “Access Code” provided to you in the sent instructions to get access to the respective Case File. Open the specific case file by clicking on the case number and go to the "Prepare Response" link found in the left hand menu. An interactive form will open which will guide you through the filing process.
No. The Rules for UDRP do not allow for the filing of an amended or corrected Response.
You can file your Response through the on-line platform using the Non-Standard Communication (NSC) form. However, please be aware that it is up to the discretion of the Panel to take it into account.
-
- Before appointing you as a Panellist in a dispute the CAC will always send you an e-mail to find out whether you are currently able to accept a case, i.e. whether you are not too busy to act in a UDRP Proceeding at the moment. The CAC will require you to answer in a short timeframe, usually within 24 hours, to expedite the Proceeding. Should you not answer the CAC will draw no inferences thereof and will contact you again in respect of new appointments.
- Should you answer that you are willing to accept the case the CAC will perform the formal selection of Panellist on the platform and you will receive a confirming e-mail about your appointment from noreply@adr.eu.
- As soon as you receive this e-mail you shall log in the On-line Platform using your Username and Password obtained previously from the CAC. Should you have lost your login information, please go to "On-line Arbitration Platform/Login" found in the upper menu and click on "Forgot Your password?" link.
- After logging in you will see the list of cases that you have acted in including the newly suggested one marked with the Procedural step "Panellists' Statement". Click on the respective case number and check the Case file to make sure of your impartiality and independence.
- Then click on the "Panellists´ Statement" item found in the left hand menu, fill it in and submit using the "File the Form" button.
- In case of your acceptance you will be able to submit a decision as soon as the Case Administrator sets the Projected Decision Date that will appear in the Case file. Should you decline the case you will loose access to it.
- To submit the decision you have to click on "Dispute Decision" link in the left hand menu again. A form will open into which you shall type the decision. While filling in the decision online please bear in mind that the platform is found on secured pages that expire approximately after 2 hours. Therefore you will need to either submit the decision within 2 hours (by "File the form" button) or save your work regularly each 2 hours ("Save" button).
- After submitting the decision please perform the categorization of your decision - the item "Categorization of Decision" is to be found in the left menu as well. Please match as much categories as apply to your decision and file the form.
- Should you encounter any problem during acting in a dispute or should you feel that something in unclear in the Case file please contact the Case Administrator.
Should you need to change your contact details please log in the On-line platform and go to "My Menu/Change of user details" in the upper menu. Make all necessary changes and click on the "Submit" button.
(Section 4 (a) of the CAC‘s UDRP Supplemental Rules.)
The CAC is introducing a Class Complaint procedure into the UDRP so that a single person representing multiple Complainants can file one complaint against a single domain name holder in regard to multiple disputed domain names, for a reasonable fee.
This procedural option is being introduced in response to the requests of right holders for a streamlined UDRP procedure to fight serial cybersquatters.
A Class Complaint can be filed under existing rules 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 the different Complainants joined in the Class Complaint must provide evidence that it is authorised to act on behalf of each of the Complainants; and
- The Panel can order the transfer of any of the disputed domain name(s) only to the individual Complainant on whose behalf the transfer was requested in the Class Complaint, in accordance with established UDRP Policy.
A Panel can reject a Class Complaint in part or in full. The Panel may decide, as part of its Decision, whether one or more Complainants joined in the Class Complaint can file individual Complaints with respect to one or more disputed domain names regarding which the Class Complaint was rejected.
As an example for illustrative purposes only we would like to refer to Decision No. CAC-UDRP-105337 (single Panel), No. CAC-UDRP-104245 (three-member Panel).
Please find the text of the notification to be submitted as a Non-standard communication if you have determined that an additional fee is due here.
If you have any problems with the operation of the on-line platform, please email us immediately at the following email address: webmaster@adr.eu. Our IT team will exercise its best efforts and adequate resources to resolve any technical or operational issue as soon as possible.
Please be aware that some internet browsers (e.g. Microsoft Internet Explorer 6.0 and its older versions) have problems with downloading documents from secured pages, i.e. where the internet address begins with https. As our website redirects you to the secured pages once you log in, you may experience difficulties in downloading documents if you are using these browsers. (To be able to download any document it is necessary to logout and erase "s" from the "https" part of the internet address, leaving only “http”.)
Please be aware that if you have a slow internet connection it might be difficult to upload a large portion of annex documents at once. Therefore we strongly recommend that you SAVE your Complaint after adding each annex. You will thereby enable the platform to upload the annexes in small portions and minimize the risk of connection failure that may result in the loss of your work.
The following are tips for creating the annex files so that they do not occupy more space than necessary:
-
- the most suitable file types for the annexes are .PDF and .DOC documents.
- if you scan documents, try to scan them into a .PDF file and avoid larger picture formats (such as .BMP, .JPG, .TIF, .PCX) if possible.
- scanning in grey scale can reduce the file size. This is recommended only if the colour is not significant for the document.
- the suitable resolution for scanned written documents is 100 – 300 DPI.
Yes, the on-line platform does allow the documents created in its system to be printed both during preparation and after filing. The “print” button can be found at the bottom of each document.
Please note the following principal deadlines of a UDRP proceeding:
A. For the Complainant:
-
- Administrative deficiencies indicated by Case Administrator must be corrected and submitted within five (5) days of notification;
- Payment of UDRP Fees can be submitted prior to or at the time of filing the Complaint and must be received, at the latest, within ten (10) days of filing the Complaint;
B. For the Respondent:
-
- Response must be submitted within twenty (20) days of the date of commencement of the UDRP proceeding.
If a submission deadline is given (for example 12 June) you must file electronically before midnight of that day (midnight of 12 June in this case) in your time zone. If the given date is a weekend or public holiday you have until midnight of the next business day in your time zone to file.
No, the UDRP Fees do not include bank charges or any other fees or related costs; these must be borne separately by the respective party to the administrative proceeding.
Each UDRP Fee payment should be identified by the case number and/or the disputed domain name. You will be assigned a case number when you start preparing the Complaint using the on-line platform of the Czech Arbitration Court.
| When paying from account in EUR: | |
| IBAN | CZ34 0600 0000 0035 9413 0024 |
| S.W.I.F.T. code: | AGBACZPP |
| Bank: | Moneta Money Bank, a.s., Vyskocilova 1422/1a, 140 28 Praha 4 – Michle, Czech Republic |
| Name of account: | Rozhodci soud pri Hospodarske komore CR a Agrarni komore CR |
| Beneficiary Address: | Rozhodci soud pri Hospodarske komore CR a Agrarni komore CR, Vladislavova 17, 110 00 Praha 1, Czech Republic |
| When paying from account in USD (you have to calculate the amount in EUR yourself): | |
| IBAN | CZ56 0600 0000 0035 9413 0016 |
| S.W.I.F.T. code: | AGBACZPP |
| Bank: | Moneta Money Bank, a.s., Vyskocilova 1422/1a, 140 28 Praha 4 – Michle, Czech Republic |
| Name of account: | Rozhodci soud pri Hospodarske komore CR a Agrarni komore CR |
| Beneficiary Address: | Rozhodci soud pri Hospodarske komore CR a Agrarni komore CR, Vladislavova 17, 110 00 Praha 1, Czech Republic |
The Czech Arbitration Court does not issue invoices for UDRP Fees. We apologize for any inconvenience this might pose.
According to § 6. (c) of the UDRP Rules the applicable fees in this case shall be shared equally between the Parties. Each Party will be required to pay one half of the total fees applicable for the dispute to be decided by a three-member Panel.
Payment of UDRP Fees should be made on or before filing the Complaint, and will be accepted by the Czech Arbitration Court up until 10 days after receiving the Complaint. If the payment is not received within this time period, the Complaint shall be deemed withdrawn and the administrative proceeding terminated. If you wish to pay by a credit/debit card, payment should be made while filing your Complaint on the on-line platform – our interactive form will prompt you to do so.
No. A Complainant cannot ask for compensation of the UDRP Fee from the Respondent even if Complainant is successful. A Party may, however claim compensation in a court proceeding initiated after the administrative proceeding.
-
- If you received the "Notification of Fees Unpaid", please verify that the full payment has been made through your bank.
- If you are certain that the payment has been transferred, please click on the link "Amend Payment" in the left hand menu. The form called “Amend Payment” will appear. Please choose the option "Pay by bank order or cheque", supply the payment information, and click on the "File the Form" button.
- If you discover that the payment has not been transferred, please go to the same "Amend Payment" form in the left hand menu. In this form choose whether you wish to pay by credit/debit card or by bank order (cheque). If you choose to pay by bank order (cheque), you must provide the payment information and click on "File the Form".
- If you are paying by a credit/debit card, you will not be able to file the Complaint and/or Response unless you pay all the amounts due before filing so you will never receive the “Notification of Fees Unpaid”.
If you have any questions or comments in relation to the administration of a UDRP proceeding pending with the CAC, please contact the responsible Case Administrator, whose contact information is located in the left-hand menu of your electronic Case File.
The Complainant is to choose whether he wishes to have the dispute decided by a single member Panel or a three-member Panel. The fees for three-member Panel are higher than the fees for single member Panel. If the Complainant elects a single member panel, the Respondent may subsequently choose a three-member Panel which will require both parties to share the higher fee.
- Single member Panel.
- Appointment. If the single member Panel is chosen by the Complainant (and the Respondent does not require differently), the Czech Arbitration Court shall appoint a single Panellist from its list of Panellists.
- Fees. The fee for single member Panel is always paid in entirety by the Complainant.
- Three-member Panel.
- Candidates. If the Complainant elects a three-member Panel in the Complaint, he should submit the names of three preferred candidates to serve as one of the Panellists at that time. The Respondent should do the same in his Response. Accordingly if the Respondent chooses a three-member Panel in the Response while the Complainant requested a single member Panel, he should provide the names of three candidates and the Complainant will subsequently be required to do the same.
- Appointment. If either the Complainant or the Respondent elects a three-member Panel, the Czech Arbitration Court will attempt to appoint one Panellist from the list of candidates provided by each Party. In the event the CAC is unable to secure the appointment of a Panellist from a Party's list of candidates within five (5) calendar days, the CAC will then select the Panellist from its list of Panellists. The third Panellist will then be appointed by the CAC from the list of five candidates submitted by the CAC to the Parties. The CAC´s selection from among the five candidates reasonably balances the preferences of both Parties as they may specify to the CAC within five calendar days of the CAC´s submission of the five-candidate list to the Parties.
- Fees. If the Complainant requires a three member panel in the Complaint he is required to pay the entire fee. If the Respondent elects the three-member Panel and the Complainant has chosen a single member Panel, the fee shall be shared equally between the Parties.
List of UDRP Panellists of the CAC and their CVs
Attention! FAQ for .eu disputes are available here
An administrative proceeding usually takes approximately 2 to 3 months from the time the Complaint is filed to the time the decision is published.
The decision of the Administrative Panel is not subject to appeal within the scope of the administrative proceeding. However, according to § 4(k) of the UDRP Policy the administrative proceeding requirements shall not prevent either the complainant or the domain name holder from submitting the dispute to a court of competent jurisdiction for independent resolution before the administrative proceeding is commenced or after it is concluded. If an Administrative Panel decides that the domain name registration should be cancelled or transferred and the Registrar receives official documentation that a lawsuit has been commenced against the complainant in a Mutual Jurisdiction within ten (10) business days after the notification of the decision it will not implement the Administrative Panel's decision. No further action will be taken until the Panel receives (i) satisfactory evidence of a resolution between the parties; (ii) satisfactory evidence that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or stating that the domain name holder does not have the right to continue to use the domain name. Please consult § 4(k) of the Uniform Domain Name Dispute Resolution Policy for details.
No provision of the UDRP Policy or Rules for UDRP provides for locking the use of the domain name.
Transfer of a domain name may be restricted. According to § 8 (a) and (b) of the UDRP Policy the holder of the domain name cannot transfer the domain name to another holder during a pending court proceeding or arbitration that has commenced regarding the domain name unless the party to whom the domain name registration is being transferred agrees, in writing, to be bound by the decision of the court or arbitrator. A transfer made in violation of this provision may be cancelled by the Registrar. Changing Registrars during a pending court proceeding or arbitration is possible if the domain name continues to be subject to proceedings commenced against the holder in accordance with the terms of the UDRP Policy
The Czech Arbitration Court will publish its decisions in full unless the Panel decides that the decision or some parts of it shall not be published. The portion of any decision determining that a Complaint has been brought in bad faith must always be published. Any other documents filed with a Complaint will be accessible to the other Party, to the Panel, and to the Czech Arbitration Court but will not be published.
No, the on-line platform allows for a Complainant or Respondent to be represented in a given dispute by only one Representative. Therefore, if a Party has multiple representatives, it must select one person to be its "official" Representative for the purposes of the particular administrative proceeding. The Representative then serves as the sole contact person for purposes of that administrative proceeding.
Yes. You can appoint one legal entity within your group to serve as the Complainant on behalf of itself and the other related legal entities; however the Complaint must then include Powers Of Attorney (POAs) from all legal entities represented.
According to § 13. of the Rules for UDRP, there shall be no in-person hearings (including hearings by teleconference, video conference, and web conference) unless the Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the Complaint. Therefore, it is the Panel’s decision whether or not an in-person hearing will take place. Requests should be addressed either to the Panel after it has been appointed (via the Non-standard Communication filed on the online platform) or requested directly in your Complaint or Response.
Yes, you can find this information on our website in the main menu under “Disputed Domain Names”. Type the domain name of interest in the space provided and click “Enter”. You will receive information whether the domain name was ever disputed with the Czech Arbitration Court and whether the proceeding is still pending.