Committee for the resolution of disputes relating to the registration of national internet domain names

Registration of Internet domain names of the second level can lead to disputes, mostly with the holders of intellectual property rights. These disputes may be brought before national courts, or resolved out of court, through alternative dispute resolution methods.

The Committee for the resolution of disputes relating to the registration of national internet domain names is a body which makes decisions independently and autonomously, pursuant to the law and other regulations. 

Decisions are made by tribunal consisted of three members: president and two members. 

This is a fast, modern and efficient procedure. Communication with partis is electronic - petition, response to petition, evidence and other motions are submitted by electronic means to the Committee. The Commitee also delivers the documents to the parties in electronic form (from the appointment of arbiter to the final decision).

The procedure for resolution of domain name disputes is not an arbitration. Thus, the Law on Arbitration does not apply to it. The domain name disputes are resolved in a specific ADR procedure which is governed by the Rules on Resolution of Domain Name Disputes. The Rules contain the terms “arbitrator” and “arbitral tribunal”, but the use of these terms is purely technical, since there are no better terms in Serbian language that would correspond to the English terms “panelist” and “panel”.   

The plaintiff accepts the jurisdiction of the Committee by the act of initiation of the proceeding. The registrant ,in the act of registering a national Internet domain name within the rsTLD registry and accepting the General Terms and Conditions for the registration of national Internet domain names, accept the jurisdiction of the Committee. In accepting the authority of the Committee, the parties to the procedure do not relinquish rights to recourse to the courts in the matter at hand.

A plaintiff -  an individual or legal entity who oposses the right of the registrant to use a registered national internet domain name. A plaintiff may be a domestic or foreign individual or legal entity.

A registrant - an individual or legal entity who in accordance with the provisions of the General Terms and Conditions for the registration of national Internet domain names, registers and uses a national domain name within the rsTLD registry. A registrant may be a domestic or foreign individual or legal entity.

Decision

Final decision is enforced by RNIDS. The decision of the tribunal shall be enacted upon the expiry of ten days from the date of receipt of the decision by RNIDS, except in the event where a party to the proceedings has submitted proof of initiation of proceedings before the competent court, in which case enforcement of the decision is postponed until the decision of the court enters into force.