.EU ADR

From ICANNWiki
Jump to: navigation, search

.EU ADR is the Alternative Dispute Resolution for the .eu ccTLD names. It was created by the European Commission through the European Registry of International Domain Names, EURid. The primary objective of .EU ADR is to protect intellectual property rights and provide alternative resolutions to consumers who have commercial complaints against companies in Europe.

Alternative Dispute Resolution (ADR)

Alternative Dispute Resolution (ADR) is an “out-of court-mechanism” which aims to help EU citizens resolve their internet related and other commercial transactions disputes with a company. The ADR resolution uses an arbitrator, and mediator or ombudsman to assist the two conflicting parties in coming up with an acceptable solution to an issue. The scheme is more affordable, faster and flexible way of solving conflicts compared with directly filing a complaint in the court. [1]

EURid Background

The European Registry of International Domain Names, EURid, is a non-profit organization which was founded in April, 2003. It was officially appointed by the European Commission to assume the responsibility in managing and operating the .eu country ccTLD in May, 2003, while it's service contract was subsequently signed in October, 2004. Belgium, Italy, Sweden, Czech Republic, Slovenia, and and the European Chapter of The Internet Society are all members of the organization.[2]

Czech Arbitration Court

In 2005, The European Commission directed EURid to designate the Czech Arbitration Court, a non-profit organization that administers ADR legal proceedings, to resolve domestic and international commercial conflicts related to IP and technology issues. The court makes decisions based on ADR Rules and ADR Supplemental Rules in accordance with the Public Policy for .eu implemented by the European Commission. It has already administered thousands of .EU ADR proceedings since it was established in 2005.[3]

ICANN approved the CAC's application as an international provider of Uniform Dispute Resolution Policy and Rules services in January, 2008; which makes it the fourth international UDRP resolver, and the only ADR service provider for .eu domain name conflicts.

In addition, on May 6, 2009, the Euro DNS S.A; operator of the CO.NL designated CAC as the domain name dispute resolution provider of .co.nl. The UDRP panelists will be responsible in making decisions on disputes per UDRP Policy and Rules.

The CAC was established in 1949 under the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic located in Prague.[4]

CAC Advisory Board

The Czech Arbitration Court created an Advisory Board on January 1, 2007 for the .eu ADR Center. The Advisory Board is composed of six experts from the domain-name arbitration field, who will help CAC by means of informal consultations. The advisers will provide their expert comments based on their skills and special knowledge in .eu related issues, particularly on: policy issues (for example topics for consultation among Panelists & public consultation), strategy issues (future developments for the ADR Center), and general feedback on the operations and functions of the court team.[5]

Members of the CAC Advisory Board

Dietrich Beier- Bardehle Pagenberg Dost Altenburg Geissler , Munich, Germany – Partner

Matthew Harris- Norton Rose, London, UK- Partner

Zbynek Loebl- Central European Advisory Group, Prague, Czech Republic - Partner

David Taylor- Lovells, Paris, France - Partner

Jean-Christophe Vignes- EuroDNS SA, Leudelange, Luxembourg - General Counsel

Nick Wood- Com Laude, London, UK - Managing director

References