Basics of Domain Arbitration:

There are based on German law, no separate arbitration- or arbitration for domain law. Exist particularly in the area of ​​domain name disputes for certain domains various arbitration, such as the WIPO arbitration (World Intellectual Property Organisation), built on the basis of the ICANN UDRP Rules. Such intellectual property offices in resettled arbitration to decide today, however, more favorable to copyright holders; Moreover, method and content of the award are limited. Thus, no damages may be awarded, for example, often.

Unlike the UDRP process specific ADR procedures are designed for single top-level domains, which differ substantially in some cases from the UDRP Rules. So there is using the. European ADR a special arbitration, its. eu ADR rules and regulations detail to stand out from the UDRP process.

Subsequently, the basic flow of a UDRP process is shown.

As arbitration is usually carried out?

Full of content presented on request and payment of the fee of an applicant if the arbitration court of the Verfahrenseröffung and then forwards the application deadline tied to the respondent to comment. If no reply already go some arbitration rules of an abusive registration of domain. Otherwise, the arbitration body decides mostly within short periods. The decision is then reacted with a time offset by the Registry. It is not necessary grds, known that in the same country or the defendant resides as the applicant. The entire process typically takes 6 Weeks to about. 3 Months. A refund will usually not take place and should be enforced by the ordinary courts.

This procedure also sets the WIPO for your domain name disputes on the basis of the ICANN UDRP based.

Can every domain arbitration be conducted?

No, often rather give before the respective registries, whether an arbitration shall consist. However, as the default method can be very different from other methods. To. DE domains there has been no arbitration. The arbitration procedure. EU domains differs significantly in its configuration of the WIPO Arbitration.

Can arbitration be installed by the parties?

Outside arbitration as it permanently installed, such as in the EURid, succeeds not usually, to move both parties to a binding and enforceable arbitration. For the execution of a mediation- or arbitration therefore recommends the establishment of a conciliation- or arbitration agreement as early as the course of the contract. Subsequent arbitration agreements therefore often not even come into existence, because one party thereto no interest (more) has. Then remains the only way a basically non-binding mediation.

What does an arbitration?

The specifications and the Panel, which arbitration decisions, differ greatly and therefore the fees for arbitration. The total fees are typically at least 1500 to 5000 EUR (for a ICANN_Schiedsverfahren before a single judge for one or two domains 2000$).

What services we offer?

In the area of ​​domain law arbitration play in the form of UDRP proceedings (Uniform Dispute Resolution Process) or any other arbitration and therefore a prominent role, because they can overcome some of the uncertainties domain law and cross-border red tape at the root of the problem.

The processed by us domain law includes in particular the following activities:

• Alternative dispute resolution before international and national courts and arbitral tribunals;
• Advice, Introduction and representation throughout the Dispute Resolution Process (DRP)/ UDRP / ADR;
• Equally advocacy of domain owners and patent holders;
• Advice and representation in domain allocation method together with any subsequent arbitration;
• Alternative dispute resolution through alternative clarifying the domain conflict: Fiduciary / Anonymous On- and selling domains;
• Representation in court proceedings;
• Representation in criminal.