CAC‘s UDRP Supplemental Rules of the Czech Arbitration Court

CAC‘s UDRP Supplemental Rules of the Czech Arbitration Court

1. Scope

  1. Relationship to Rules. These Supplemental Rules are to be read and used in connection with the Rules for Uniform Domain Name Dispute Resolution Policy, approved by the Internet Corporation for Assigned Names and Numbers (ICANN) on October 24, 1999 (the “Rules”).
  2. Version of Supplemental Rules. The version of these Supplemental Rules in effect on the date of the submission of the Complaint shall apply to the administrative proceeding commenced thereby.

2. Definitions

Class Complaint means a single Complaint filed against a single domain-name holder in regard to multiple disputed domain names with the same language of UDRP proceeding filed by a single person acting on behalf of two or more Complainants and requesting separate relief for each Complainant for different disputed domain names than for the other Complainants joined in the Class Complaint.

Provider means the Arbitration Court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic.

Time of Filing means a point in time when the following conditions are fulfilled:

  1. a Complaint has been properly filed with the Provider; and
  2. the appropriate fee for the proceeding is received by the Provider.

Working Days mean all days falling between Monday and Friday other than those which are public holidays in the country or the state where the Provider or either of the Parties, as the case may be, is subject to an obligation to adhere to a period of time as specified under these Supplemental Rules.

Any other term defined in the Rules shall have the same meaning when used in these Supplemental Rules.

3. Art. 2 of the Rules: Communications

  1. The Parties shall be required to adhere to communication instructions contained in Annex C hereto.
  2. The Parties shall be required to use for their other communication during the proceeding form documents set out in Annex B hereto and posted on the Provider’s web site.
  3. A system log of data messages of the Provider shall be considered as valid records in the absence of any evidence of malfunction of the Provider’s system.
  4. At the request of a Party filed before the expiration of the relevant period(s) of time, the Provider and, after its appointment, the Panel, may – in its sole discretion – extend the periods of time laid down in these Rules which are applicable to the Parties in exceptional circumstances or upon agreement by both Parties. The Provider and, after its appointment, the Panel, shall decide on any such limited period of extension.
  5. The expiration of any given time period occurs at midnight (24.00) of the final day of that respective time period, based on the time observed in the location of the Provider or either of the Parties, as the case may be, which are subject to an obligation to adhere to a period of time as specified under these Supplemental Rules. When the last day of a deadline prescribed by the Rules and/or ADR Supplemental Rules is not a Working Day, the time period shall be extended automatically to include the next Working Day following the last day of the deadline.
  6. When a hard-copy submission is to be made to the Provider by a Party, it shall be submitted in three (3) copies together with one (1) original of such submission.

4. Art. 3 of the Rules: The Complaint

  1. It is possible to file a Class Complaint 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 several different Complainants joined in the Class Complaint must provide evidence that it is authorized to act on behalf of each of the Complainants; and
    • for the avoidance of doubt, the Panel can order transfer of any of the disputed domain name(s) only to the individual Complainant on which behalf such transfer was requested in the Class Complaint, in accordance with the Policy.
  2. The Provider shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the ADR Panel. The Case Administrator may provide administrative assistance to the Panel or Panellist(s), but shall have no authority to decide matters of a substantive nature concerning the dispute.
  3. Any proceeding(s) against a domain name holder with a later Time of Filing with respect to the same domain name(s) shall be suspended pending the outcome of the proceeding initiated by the Complaint with the earliest Time of Filing. If in such proceeding the Panel decides to grant the Complainant the remedies requested, all suspended proceedings will be terminated and any fees paid shall be reimbursed. If in the proceeding the Panel rejects the Complaint, the Provider shall activate the Complaint next in time to the Time of Filing. The Providershall notify the respective Complainant(s) of the termination, activation, or continued suspension of their Complaint(s) in writing within five (5) days from the date the Panel decision related to the prior Complaint is issued.

5. Art. 4 of the Rules: Notification of Complaint

  1. Complainant has the option to request that the Provider review its decision to withdraw the Complainant’s Complaintdue to administrative deficiency pursuant to Art. 4(b) of the Rules. The procedure related to such a request shall be as follows:
    1. The request shall be submitted to the Providerwithin 5 days from receiving the information about the withdrawal and shall:
      1. specify the information under Art. 3 (b) (ii), (iii) and (vi) of the Rules; and
      2. specify the Complainant’s arguments why the Provider’s decision to withdraw the Complaint is deemed incorrect.
    2. The Provider will acknowledge receiving the request from the Complainant, subject to the receipt of the fees due and will appoint a single expert from its list of panellists to provide the requested review of its decision.
    3. The appointed expert shall finalize the review within twelve (12) days from the date of its appointment. The results of the review shall be communicated to the Complainant and Respondent without delay.
    4. In the event, the expert review finds in favor of the Complainant’s arguments, the sole right of the Complainant is that the Provider will return the UDRP fees for filing the Complaint and will return the fee applicable for filing the request to review the Provider’s decision to withdraw the Complaint due to its administrative deficiencies.

6. Art. 6 of the Rules: Appointment of the Panel and Timing of Decision

The Panellist appointed in accordance with Art. 6 (e) of the Rules from the Provider’s list of Panellists shall be the Presiding Panellist, coordinating the Panel.

7. Art. 7 of the Rules: Impartiality and Independence

Prior to appointment as a Panellist, a candidate shall be required to submit to the Provider a Declaration of Independence and Impartiality using the form included in the list of Forms contained in Annex B hereto and posted on the Provider’s web site.

8. Art. 11 of the Rules: Language of Proceedings

All documents including communications made as part of the proceeding shall be made in the language of the proceeding. The Panel may disregard documents submitted in other languages than the language of the proceeding without requesting their translation. Any communication by the Provider which, from its content, cannot be regarded as amounting to procedural documents (such as cover letters with which the Provider sends procedural documents or automatic system notifications generated by the Provider’s application) shall be made in the language of the proceeding or in English.

9. Art. 15 of the Rules: Panel Decision

  1. The Panel decisions will meet the requirements set forth in Art. 15 of the Rules and will comply with all formal requirements contained in these Supplemental Rules. Each Panel decision shall contain a brief summary in English. A model decision is included in the list of Forms contained in Annex B hereto and posted in the Provider’s website.
  2. Within seven (7) days of receiving the decision, a Party may, by written notice to the Panel and the other Party, request the Panel to correct in the decision any errors in computation, any clerical or typographical errors, or any errors of a similar nature. Any such corrections shall be given in writing to the Parties and shall become a part of the decision.
    The Panel may correct any errors on its own initiative of the type referred to in the preceding Art. within seven (7) days of the date of the decision being rendered.

10. Art. 16 of the Rules: Communication of Decisions to Parties

The Provider shall inform the Parties, the Registry and the concerned Registrar(s) of the Panel’s decision. ICANN shall be informed of the Panel’s decision through its publication. The Provider shall publish the full decision on his website, listing at least the following:

  1. The domain name which is in dispute and is the subject of a Complaint;
  2. The case number;
  3. The Complainant and the Respondent.

The decision shall be published in the language of the proceeding. With respect to proceedings which are not conducted in English, the Provider shall also publish accompanying unofficial English translations of selected decisions.

11. Art. 17 of the Rules: Settlement or Other Grounds for Termination

  1. If the Parties wish to negotiate a settlement, the Complainant may request that the Provider or, after its constitution, the Panel suspend the proceeding for a limited period. The suspension period may be extended by the Panel upon the Complainant’s request. Any such suspension shall be without prejudice to the obligation of the Panel to forward its decision on the Complaint to the Provider within the time period specified by the Provider. Resumption of the proceeding shall take place automatically upon receipt of a request thereto from either the Respondent or the complainant or upon the expiration of such limited and specified time period.
  2. The Panel shall terminate the proceeding if it becomes aware that the dispute that is the subject of the Complaint has been finally decided by a court of competent jurisdiction or an alternative dispute resolution body.

12. Art. 19 of the Rules: Fees

The fees applicable for administrative procedures and obligatory payment instructions are specified in Annex A hereto and posted on the Provider’s website. The Provider may grant discounts on the applicable fees in justified cases. The conditions for obtaining discounts shall be published on the Provider’s website.

13. Word Limits

The following limitations shall apply as to length of the Complaints and Responses:

  1. The word limit under Art. 3 (b) of the Rules shall be 5,000 words.
  2. The word limit under Art. 5 (b) of the Rules shall be 5,000 words.

14. Amendments

Subject to the Rules, the Provider may amend these Supplemental Rules in its sole discretion.

15. Effective date

These Supplemental Rules apply to all cases filed on or after 1 March 2010.

16. List of Annexes

Annex A: Fee Schedule;

Annex B: List of Forms;

Annex C: Communication Instructions

Annex A: Fee Schedule

Fees of the Czech Arbitration Court (CAC)

All UDRP Fees below are in EUR

!ATTENTION! Please read carefully point No. 1. below the tables to understand the relation between Initial and Additional UDRP Fees

Initial UDRP Fees

Number of
Domain Names involved
in the Complaint		 Fee for Panellists CAC’s Administrative Fee Total Fees
Single Panellist Three
Panellists		 Single Panellist Three Panellists Single Panellist Three Panellists
Presiding Panellist: Each Co-Panellist:
1 to 5 domain names 250 1200 600 250 700 500 3100
6 to 10 domain names 500 1500 800 300 900 800 4000
11 to 20 domain names 750 1800 900 400 1100 1150 4700
21 to 30 domain names 750 2100 1050 400 1300 1150 5500
31 to 40 domain names 1000 2400 1200 500 1500 1500 6300
41 to 50 domain names 1000 2700 1350 500 1700 1500 7100
51 domain names or more       To be decided in consultation with the CAC.    
Preliminary control of a complaint for administrative compliance       60    
Request for a review of admin. decision of the CAC (Art. 5 (a) of the CAC’s Supplemental Rules       250    
Chess Card Fee (fee for the authentication of a document by a Chess Card)       10    

Additional UDRP Fees

Number of
Domain Names involved
in the Complaint		 Fee for Panelist – Single Panelist Fee for Panellists CAC’s Administrative Fee
1 to 5 domain names 650 150 800
6 to 10 domain names 600 200 800
11 to 20 domain names 550 200 750
21 to 30 domain names 750 300 1050
31 to 40 domain names 700 300 1000
41 to 50 domain names 900 400 1300
  1. The Complainant must pay the Additional UDRP Fees within 5 days of notification by the Provider or, after its appointment, the Panel when (a) a Response is filed that is in administrative compliance with Art. 5 of the Rules; or (b) the Panel determines that it is appropriate for the Complainant to pay the Additional UDRP Fees, having regard to the complexity of the proceeding. If the Additional UDRP Fees are not paid within the prescribed time period, the Complaint be deemed withdrawn.
  2. The Czech Arbitration Court will grant a substantial discount on UDRP Fees for administrative proceedings which have been terminated early. Specifically, when a Complaint is withdrawn or a proceeding is terminated before the Panel has been appointed, the CAC will withhold a processing fee equal to the CAC’s Administrative Fee and return the remainder of the UDRP Fees to the respective Parties.
  3. The Czech Arbitration Court will return the UDRP Fees applicable for filing a request to review the CAC’s administrative to terminate an administrative proceeding due to administrative deficiencies, if the review is concluded in favor of the Complainant.

Explanatory Notes:

  1. As already mentioned, all the fees mentioned above are in EUR including VAT on Panellist’s fees. The CAC is not VAT registered.
  2. All the fees are payable before respective filings by (i) credit cards/charge cards; and/or (ii) bank transfer to the following account of the Czech Arbitration Court: IBAN CZ11 2700 0000 0035 9413 0024; S.W.I.F.T. code: BACX CZ PP, variant symbol: [Case Number]; and/or (iii) cheques.

Annex B: List of PRINCIPAL Forms

No Form note
A1 Complaint  
A2 Notification of Fees unpaid  
A3 Termination due to Fees unpaid  
A4 Acknowledgement of Receipt of Complaint  
A5 Complaint suspension-termination  
A6 Notification of Deficiencies in Complaint  
A7 Amended Complaint  
A8 Termination due to defective Complaint  
A9 Notification of Complaint and Commencement of admin. proceeding  
A10 Response  
A11 Acknowledgement of Receipt of Response  
A12 Administrative Compliance Checklist – Response  
A13 Notification of Respondent’s Default  
A14 Notification of Complainant to choose Candidates for Panellists  
A15 Selection of Panel Candidates by Complainant  
A16 Statement of Acceptance and Declaration of Impartiality and Independence  
A17 Notification of Appointment of Panel and Projected Decision Date  
A18 Decision  
A19 Announcement of Activation of Suspended Complaints  
A20 Notification of Continued suspension  
A21 Notification of Termination of suspended Complaint  
A22 Account Information  
A23 Non standard communication  

Annex C: Communication Instructions

Unless specified otherwise in the UDRP Policy, Rules and CAC’s UDRP Supplemental Rules, any written communication within the administrative proceedings shall be made by the preferred means stated by the Complainant or Respondent, respectively. If such preferred or prescribed form of communication is electronic form, or in the absence of such specification, any written communication must be realized via our secured on-line platform accessible on www.adr.eu. Should the preferred or prescribed form of communication be through registered mail or courier service (or telecopy or fax), all written communication must be in duplicate with one copy sent via the on-line platform, except for annexes (if any) available only in hardcopy.

In order to communicate via our on-line platform, you need to open and/or obtain your user account and receive a unique login. For these purposes, please see our Help information.

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