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.
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.
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, 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.
If the petitioner has stated that he or she would like an accelerated proceeding and the counterparty fails to respond, the accelerated proceeding rules apply. The case is then transferred to one adjudicator who shall decide on the case within 10 days.
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 registrant of the domain name (counterparty) acted in bad faith when he or she registered or used the domain name, and
- That the registrant (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. The decision will state whether the domain name is to be transferred to the petitioner, whether the domain name is to be deregistered or whether the petitioner’s ADR petition is to be rejected. In an accelerated proceeding it’s important to know that the decision will be announced without further justification by the adjudicator. However the decision will be summarized in short by the arbitrator in order to clarify the matter in dispute and any relevant circumstances.
Costs for Accelerated proceeding
Accelerated proceeding is only applicable if the counterparty does not respond to the ADR application and therefore the applicant must pay the full fee relevant for the number of arbitrators the applicant requires according to the prices stated here. If the counterparty does respond to the ADR application the case is handled as a standard ADR case and the prices for such applies. If the case is handled as accelerated proceeding IIS retains the cost of the ADR Accelerated proceeding, and reimburses the remaining amount.