This page contains information about the procedure when someone has filed an application for dispute resolution for a domain name that you have registered.
Informal Guide to the ADR proceeding
Informal Guide to the ADR proceeding can be found at WIPO:s website.
The Alternative Dispute Resolution (ADR) procedure is intiated when someone applies that the right to the domain name is to be decided by an impartial arbitrator.
When someone has applied for ADR, WIPO (who administer the dispute resolution for .se) will contact you as a domain holder of the domain name.
The petitioner must show that three prerequisites are met in order to achieve success in ADR:
- The petitioner must have a right (e.g. a brand or company name) valid in Sweden.
- The domain holder shall have acted in bad faith when he/she registered or used the domain name.
- The domain holder shall also have no right or justified interest in the domain name.
The domain name may not be transferred to the petitioner or a third party while the dispute resolution proceeding occur.
How should the response be formulated?
Please note that a case will be decided regardless of whether the registrant of the disputed domain name responds to the application or not. If you believe that you are entitled to the domain name, you should therefore respond and explain why.
The rule that the application can be resolved even in the absence of a response can be found in Section 13 Clause 2 of the rules of procedure for ADR.
Note that a claim for deregistration of domain names means that domain names (if successful) will be deactivated and subsequently deregistered. When the domain name is deregistered it will be available again for new registration.
ADR Response form
Cost for the domain holder that chooses three arbitrators
The domain holder has the possibility to choose whether the case will be reviewed by three arbitrators instead of one. The three arbitrators will then make a joint decision. The domain holder pay 8 000 SEK excluding VAT if they voluntarily choose three arbitrators. Information about this is sent to the domain holder with the application from WIPO. The fee shall be paid to The Swedish Internet Foundation in connection with sending the response text to WIPO.
Half of the fee is repaid, if the arbitrators decide that the petition is rejected (and that the domain holder may keep the domain name). If the petition succeeds (and the domain name is transferred to the petitioner), the fee is not repaid.
What language will the ADR be resolved in?
The application for an alternative dispute resolution proceeding can be made in Swedish or English. The decision is made in the language in which the application was made. The domain holder is free to respond WIPO in either Swedish or English.
The language provision can be found in Section 26 of the rules of procedure for ADR.