Settling disputes arising in the process of .rs domain registration
RNIDS is not responsible for settling disputes regarding registered .rs domains but directs litigants to settle disputes before the permanent arbirage within RNIDS. The arbitrage is located at the Consulting Centre of the Faculty of Law in Belgrade, Boulevard of Kralj Aleksandar 67. According to common global practice, RNIDS has regulated settling possible disputes regarding the ownership of registered .rs domains through the arbitrage process. Arbitrage is a faster, cheaper and more efficient process of settling disputes in comparison to court processes. The whole arbitrage procedure is regulated by the Rulebook on Arbitrage Proceedings for Settling Disputes Arising out of the Registration of .rs Domains.
By submitting a request for registering an .rs domain, i.e. accepting the General Terms and Conditions for Registration of .rs Domain Names, the Registrant gives their explicit approval for participating in the arbitration procedure, if a third party submits a request for settling a dispute against them, in accordance with the Rulebook on Arbitrage Proceedings for Settling Disputes Arising out of the Registration of .rs Domains. The Registrant also states that they will accept the final decision of the Arbitrage within RNIDS. The prosecutor accepts arbitrage as a means of settling disputes regarding .rs domains by initiating a procedure before the Arbitrage within RNIDS.
The Arbitration board discusses and determines whether by registering and using an .rs domain the Registrant has violated intellectual property rights or any other subjective right of the prosecutor, in accordance with the provisions of this Rulebook. The Arbitration board consists of three members, i.e. arbitrators from the list of arbitrators of RNIDS. The list of arbitrators is determined by the Managing Board of RNIDS and is publicly available on the Website of RNIDS. The procedure and conditions for appointing arbitrators can be found in this document.
The Arbitration procedure begins by filing a suit by the prosecutor, i.e. their mandatary. The prosecutor pays the amount defined by the Price-list of RNIDS, publicly available on the RNIDS Website, on the giro account of RNIDS 165-14075-15. The prosecutor has no right to be reimbursed the amount paid for costs of the arbitration procedure, regardless of its outcome.
The prosecutor appoints the first member of the Arbitration board by submitting, when filing a suit, a list of three arbitrators form the list of arbitrators of RNIDS. RNIDS appoints the first available arbitrator from the submitted list to the prosecutor. The Registrant appoints the second member of the Arbitration board by submitting a list or three arbitrators from the list of arbitrators of RNIDS, along with their response to the lawsuit. RNIDS appoints the first available arbitrator from the submitted list to the Registrant. The third member of the Arbitration board is elected from the list of arbitrators of RNIDS by the appointed arbitrators. A detailed list of arbitrage activities can be found in the Аctivities in Arbitrage Proceedings Arising our of the Registration of .rs Domains.
As a rule, an arbitration procedure lasts up to 60 days from the day of filing a suit. The arbitration decision is final and cannot be appealed against.
What follows is a list of documents regulating the arbitration procedure:
- The Rulebook on Arbitrage Proceedings for Settling Disputes Arising out of the Registration of .rs Domains
- Arbitrage Organisation - Аctivities
- A List of Arbitrators
- The Procedure and Conditions for Appointing Arbitrators
- Arbitrator's Statement on Accepting the Arbitrage
Useful addresses from the field of arbitrage in settling disputes over Internet domains:
- http://www.icann.org/udrp/udrp.htm
- http://www.wipo.int/amc/en/
- http://www.nominet.org.uk/disputes/drs/policy/
- http://www.denic.de/en/domains/recht/index.html (English)
- http://www.denic.de/de/domains/recht/index.html (German)