When filing a petition for ADR it is possible to choose an accelerated proceeding. The accelerated proceeding will only be applicable if the counterparty fails to respond to the ADR petition and it offers an opportunity for the petitioner to access faster processing of the case.
Informal Guide to the ADR proceeding
Informal Guide to the ADR proceeding can be found at WIPO:s website.
Contacts for ADR
If you have further questions regarding ADR, please contact the WIPO Arbitration and Meditation Center. Contact with WIPO can be made in Swedish or English.
E-mail: arbiter.mail@wipo.int
Telephone: +41-22 338 8247
Website: https://www.wipo.int
If the case is handled as an accelerated proceeding it will be decided by one arbitrator within ten days instead of 20 days. The arbitrator will review the same conditions applicable in a standard ADR proceeding but will announce the decision without further justification, i.e. the arbitrator will not provide any grounds for the decision.
Procedure
When petitioning for ADR, the petitioner must submit a complete petition to the WIPO Center and state in the petition form whether said petitioner would like to seek an accelerated proceeding in the event that the counterparty fails to respond to the petition.
The petitioner shall pay the full fee for the number of arbitrators that the petitioner would like to have address the case (one or three arbitratorss), pursuant to the rules applicable to a standard ADR case.
If the counterparty responds to the ADR petition within 30 days, the case will be addressed in accordance with the rules for a standard ADR and the cost for a standard ADR proceeding must thus have been paid by the petitioner already upon submission of the petition.
Costs for Accelerated proceeding
Read more about cost and reimbursment under Costs for ADR.
All conditions are taken into consideration
In his/her decision, the arbitrator shall consider all conditions applicable in an ADR case, namely:
- That the petitioner has a right (for example, a brand or company) which is legally recognized in Sweden,
- That the domain holder (counterparty) acted in bad faith when he or she registered or used the domain name, and
- That the domain holder (counterparty) does not have a right to or a justified interest in the domain name.
For the petitioner to be successful in the dispute, all three conditions must be fulfilled.
The arbitrator will announce his/her decision within ten days. In an accelerated proceeding the decision will only be announced with a short summary.
