For Respondents

I received a notification of ADR proceedings. What should I do?

First of all you should log in the online platform and review the complaint and all other communications in the case file to see what allegations and evidence the complainant brought against you. You may consider consulting the case with your attorney who may also help you to draft a response. Then you should file a response within the prescribed deadline.

How should I defend myself in an ADR proceeding?

In order to succeed with a complaint the complainant must prove that

• the domain name is identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law AND that it:
• has been registered by its holder without rights or legitimate interest in the name; OR
• has been registered or is being used in bad faith

Therefore to defend yourself you should demonstrate that

• the domain name is not identical or confusingly similar to a name in respect of which a right is recognised or established by national and/or Community law OR that it:
• has not been registered by its holder without rights or legitimate interest in the name; AND
• has not been registered and/or is not being used in bad faith.

For further information regarding conditions above please consult Art. 21 of the Regulation (EC) No. 874/2004 (see the Rules section).

Before filing a response it is recommendable to study the applicable Rules carefully. If you are unsure how to defend your case, please consult your attorney. The Czech Arbitration Court, as an independent decision-making body, is not entitled to provide legal consulting services to a party to an .eu ADR dispute.

When preparing your response, it might be useful for you to study past ADR decisions in cases where the circumstances were similar to those of your case. More generally, you may find it useful to research how majority of the panelists view certain legal issues related to ADR Proceedings, whether they tend to decide this or that issue in one way (consensus view), whether there are some differing views (minority view) or whether in certain issue the views are different. All this information is vital for the preparation of good arguments in your case.

Is a respondent responsible for any fees during an ADR proceeding?

The only instance in which a respondent is required to pay part of the ADR 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 the difference between total fees for a single panelist and the total fees for three panelists for the respective number of disputed domain names.

How long does an ADR proceeding usually take?

An ADR proceeding usually takes approximately 3 to 4 months from the time the complaint is filed to the time the decision is published.

Is it possible to find out whether there has been an ADR proceeding regarding a certain domain name?

Yes, you can find this information on our website in the upper menu under “Resources / 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 the time of filing of the dispute.

Who chooses the panelists?

The single panelist is chosen by the Czech Arbitration Court from its list of panelists. In a case of three-member panel, both parties submit a list of three candidates for one member of the panel. Czech Arbitration Court then appoints one panelist from the list submitted by the complainant and one panelist from the list submitted by the respondent (provided that it is possible), and the third, presiding panelist, from its list of panelists.

Can I claim damages for my expenses related to .eu ADR Proceedings?

Within .eu ADR a respondent cannot claim damages or the compensation of an ADR Fee (if paid) from the complainant in case of respondent’s success in the ADR. Nevertheless, nothing prevents the respondent from claiming the appropriate compensation in a regular court proceeding initiated after the ADR.

Language trial – is my domain name endangered?

If a language trial has been commenced against you, the question being solved in a proceeding is only in what language will the future (if any) ADR proceeding be conducted. Therefore you cannot be disposed of your domain name in a language trial. The complainant may start a language trial if it wishes to have the ADR proceeding conducted in a different language than the language of the registration agreement in which you have registered the domain name. A single member panel will decide upon the complainant’s request having regard to the circumstances of the case. Please be aware that the applicable rules do not give any guidance as to what circumstances are relevant for the language trial decision. You may review the case law here.

According to the ADR Rules the language trial request must be filed in the current language of the ADR Proceeding, not in the requested language. However if the complainant attaches proves that you are familiar with the requested language, it can file the request directly in the desired language. Nevertheless the panel can, after its appointment, require the translation to the language of the registration agreement.

The respondent has 12 (twelve) days to reply to the request to change the language. In the response you may agree with the change suggested or present arguments why the request should not be granted. The reply may be submitted in the language of the registration agreement (though presenting it in the requested language is not excluded).

A response to request to change the language is to be submitted as follows:

1. Download the B6 form (in the appropriate language) at http://eu.adr.eu/adr/forms/index.php and fill it in.
2. Log in the online platform using the login information received from the CAC.
3. Click on the respective case number in the middle of the screen.
4. 4. Go to the "Non-standard communication" form (above the list of steps taken in the dispute), attach your completed B6 form as an annex and file the "Non-standard communication" form using the "File the form" button.

How can I access the platform – where to get my username/password?

As soon as the ADR Proceeding formally commences, you will receive your username and password by e-mail (usually to the e-mail address you have provided for publication in WHOIS database regarding the registration of the disputed domain name). If you do not access the platform within five (5) following days, the CAC will send the login information to you by post (to the address provided in WHOIS database).

What is the deadline for submitting the response?

You must file your response within 30 working days from receiving the notification of the proceeding. If a submission deadline is given (for example 12 June) you must file your response 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.

In which language shall I file my response?

The language of the ADR Proceeding must be the language of the Registration Agreement for the disputed domain name unless otherwise agreed by the Parties, or specified otherwise in the Registration agreement, or decided otherwise in a language trial. You shall file your response in the language in which the proceeding is conducted (this is apparent from the case file and the notification of complaint).

How to file a response?

The response shall be always submitted via this on-line platform (irrespective of what form of communication you prefer).

1. To file a response you have to log in using the username and password received from the CAC.
2. Should you wish to appoint an authorized representative for the proceeding, please go to “My disputes / My representatives” in the above menu first.
3. To enter your dispute please click on “My disputes” item in the “My disputes” menu and click on the respective case number in the middle of the screen.
4. Click on “Prepare response” item in the left hand menu “Dispute”.
5. Fill in the response form.
6. Upload your annexes (if too large, please consult this section).
7. Submit your response by clicking on the “File response” button.
8. If you have chosen hardcopy or fax as a preferred form of communication you have to send the response by this additional method as well.

What does mutual jurisdiction mean?

Mutual jurisdiction is a court jurisdiction to which any complainant has to submit in its complaint with respect to any challenges to a decision in the ADR proceeding revoking or transferring the domain name; according to the ADR Rules, the complainant must submit to the court jurisdiction of:

1. The principal office of the registrar (provided the respondent has submitted in its registration agreement to that jurisdiction for court adjudication of disputes concerning or arising from the use of the domain name, and provided that the court thus designated is located in the EU); or
2. The respondent‘s address as shown for the registration of the domain name in EURid’s WHOIS database at the time the complaint is submitted to the CAC or as received from EURid by the complainant if such information is not available in EURid´s WHOIS database; or
3. The principal office of EURid in case of ADR Proceedings against EURid.

Before challenging an ADR decision with a regular court of law the respondent should check to which mutual jurisdiction the complainant submitted in its complaint.

As my candidate for three-member panel, can I choose a panelist who does not speak the language of the proceeding?

No, the Czech Arbitration Court would not be able to appoint such a panelist as the panelist must always speak the language of the proceeding. To find out what languages the panelists speak, please see the list of panelists.

I cannot upload annexes to my response.

See the answer here.

Can I prepare my response off-line and then upload it on the on-line platform?

The online response form will always demand that you fill some basic data (like the date of receipt of the notification of complaint) directly in the fields of the form. However the textual parts can be prepared separately and then either copied to the online form or attached as the annex.

If I include confidential information in the response, can I be certain that it will not be made publicly available?

Any documents filed with a response will always be accessible to the other party, to the panel, and to the Czech Arbitration Court. However, these documents will not be published. The Czech Arbitration Court will only publish its decisions. If, nevertheless, the panel mentions the information in the decision it will published along with it.

I was found in default by the CAC for not submitting the response. How can I file my response now?

You can file your response through the on-line platform using the non-standard communication form. However, please be aware that it is up to the discretion of the panel to take it into account.

What happens after I file my response?

After you file your response the CAC will review it for administrative compliance and will notify you regarding any deficiencies found therein. In such case you will have seven (7) days to correct any such deficiencies. The CAC will then proceed to appoint a panel to decide the case.

I received the notification of deficiencies in response. How to amend my response?

If you received the notification of deficiencies in response, read carefully the description of the deficiencies. If you do not understand the nature of the deficiencies or you do not know how to correct them, please contact your case administrator. Then click on the item called “Amend response” in the left-hand menu of the case file. The form is to be completed and submitted in the same way as the original response. When filling in the form, please take care to correct the deficiencies identified. After completing the whole form, click on the “File response” button.

Can I change the respondent’s data when amending the response?

Yes, you can change the respondent’s data. Please go to My disputes / My account in the upper menu, make the necessary changes and click on Submit. Once you go back to the Amended response form the new data will appear automatically (to go to this form please go to My disputes / My disputes in the upper menu, then click on the case number and choose Amend response in the left-hand menu of the case file).

Is it possible to submit additional arguments and/or evidence after filing a response? Can I respond to the additional submission of the complainant?

You can file additional documents and/or arguments throughout the ADR proceeding via the on-line platform using the 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.

How will I learn that there is something new in a dispute?

You will be notified of any new development by an e-mail. If you prefer hardcopy or fax communication you will also receive notification by this additional means.

Is it possible to prolong time limits applicable during the ADR Proceeding?

Yes, but only in accordance with Paragraph A2 (i) of the ADR Rules. According to this provision, the Provider and, after its appointment, the panel shall decide upon such prolongation in exceptional circumstances or upon agreement of both Parties, upon request of a Party filed before the expiration of the relevant time period(s).

Can I challenge the impartiality of the panelist(s)?

As soon as the panelist is appointed, the parties have two (2) days period to challenge the appointment if they have justifiable doubt in regard to panelist’s impartiality or independence. Within that period, they can file their challenge on the on-line platform via the “Challenge of panelist” link found in the left-hand menu of the case file. If they become aware of the circumstances giving rise to justifiable doubt as to panelist’s impartiality or independence after expiration of the above mentioned time period, they can file the challenge of panelist via the Non-standard communication form.

Is it possible to withdraw the domain name during a dispute?

During a pending dispute the domain name is blocked and cannot be transferred or given up. Therefore first the proceeding has to be terminated and only afterwards there can be any disposition with the domain name.

If you wish to give up the domain name you should contact the complainant to negotiate an amicable solution. If the settlement is reached the proceeding can be terminated. Please see the following question to find more information on settlement.

If we have settled the dispute amicably, how to transfer the domain name and terminate the proceeding? And what about the fee paid?

During a pending dispute the domain name cannot be transferred. Therefore first the proceeding has to be terminated and only afterwards the parties can arrange for the transfer (nevertheless the transfer takes place without the interference of the Czech Arbitration Court). To be able to terminate the proceeding the Czech Arbitration Court needs a Non-standard communication from both parties submitted via the on-line platform and stating that the settlement has been concluded and that the proceeding is to be terminated. Please note that the part of the fees will only be returned to the complainant 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 panelist/s (Annex A of the ADR Supplemental Rules).

If the parties do not wish to perform the transfer themselves, they can present their settlement agreement to the panel and ask it to take it into account when deciding the case and to order the transfer of the domain name in the decision. However, the panel is not obliged to base its decision upon the agreement. The fee paid cannot be reimbursed in such case.

Can we ask for an in-person hearing in our complaint?

According to Par. B 9 of the ADR Rules, there shall be no in-person hearings (including hearings by teleconference, videoconference, or web conference). The decision will be handled based on documents or other types of written evidence unless the panel determines, in its sole discretion and as a matter of exceptional circumstances, that such a hearing is necessary for rendering a decision on the complaint. Therefore, it is the panel’s decision whether or not an in-person hearing will take place; however, should you wish to have one you should ask for it in your complaint or later in the proceeding via a Non-standard communication form on the on-line platform.

I am involved in multiple ADR Proceedings – can I have only one username and password?

Yes, but only if you act as a representative in multiple ADR Proceedings (it is nevertheless possible to ). You can choose one of your multiple accounts to be master and that one will take over the cases from the other accounts.

1. Please log in to the on-line platform under the account that you have chosen to be master. (You are not prevented from creating a new one especially for this purpose.) After logging in, go to My disputes / Take over other disputes.
2. Please enter the username and password of the other account/s. All disputes assigned to this/those account/s will appear in the list of your cases.

Is the decision of the ADR panel final or is it subject to appeal?

According to Article 22, Par. 13 of the Commission Regulation (EC) No 874/2004 the results of ADR shall be binding on the Parties and the Registry unless court proceedings are initiated within 30 calendar days of the notification of the result of the ADR procedure to the Parties. According to Par. B12 (a) of the ADR Rules the decisions will be final, not subject to appeal and compulsory for the Parties, without detriment to the right of the Parties to initiate a court proceeding in a Mutual Jurisdiction. Consequently, the Registry (EURid) shall not implement an ADR Decision if a bona fide court action is initiated in the Mutual Jurisdiction within the above mentioned 30-day period.

If the domain name is to be transferred according to an ADR decision, what happens next?

The decision shall be implemented by the Registry (EURid). The implementation takes place after 30 calendar days, provided no court proceeding has been initiated. If the complaint is accepted and the transfer is ordered then:

- On day 31 (if working day) an email is sent to the complainant and its representative (if it has one) asking them to confirm the registration data (the data are taken from the decision itself).

- If the party confirms and completes the registration data, EURid transfers the domain name to the complainant. The complainant only has to contact an accredited registrar and request a change of registrar.

If you have further questions on implementation, please address it directly to EURid as the implementation is upon it, not the Czech Arbitration Court.

I have initiated a dispute by mistake. Can you delete it?

Should you have only initiated a new dispute and obtained a case number but you have not submitted the complaint or request to change the language yet you need not worry about your case founded by mistake. It may stay on the on-line platform to be filed later or not to be filed at all. The Czech Arbitration Court is not going to take any steps or demand any fee for unfiled disputes.

Can I change my user registration data?

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 on-line platform.

Is it possible to print documents from the on-line platform?

Yes, the on-line platform does allow the documents created in its system to be printed, but only after they are filed, not during preparation. The “print” button will appear at the bottom of each document once it is filed.

I cannot download documents from your website.

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”.

I cannot upload annexes to the response.

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 response 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.

I cannot log in due to a certificate problem. When I try to log in I receive the following message: "Your certificate contains the same serial number as another certificate issued by the certificate authority. Please get a new certificate containing an unique serial number."

We had to issue new temporary certificate. Because you saved your old certificate number in your Internet browser, this blocks you from entering the on-line platform. To fix this problem, choose the following:

For Firefox:

Menu Tools -> Options -> icon Advanced -> section Certificates -> Manage Certificates -> Web Sites -> find and delete the certificate for adr.eu

For IE:

Tools > Internet Options > Content Tab > certificates > Trust Root Certification Authorities > Where it says Intended Purpose: select Client Authentication > Look for Trouble-free.net certificate > Highlight and Remove

For Netscape:

Edit > Preferences > Privacy and Security > Go to Certificates > Manage Certificates and look for the trouble-free.net certificate