Arbitration court attached to the Economic Chamber of the Czech Republic and Agricultural Chamber of the Czech Republic
- Disputes concerning .cz domain names
- Disputes concerning .eu domain names and other top level domain names (.com, .org, .net etc.)
.cz domain-name disputes
The .cz domain-name disputes are conducted by the Arbitration Court attached to the Czech Chamber of Commerce and the Agricultural Chamber of the Czech Republic under the .cz Rules.
The proceedings take place on-line on the arbitration platform available at http://domeny.soud.cz/.
The questions not provided for in the .cz Rules are governed by the Rules of the Arbitration Court.
Unlike other types of domain-name disputes conducted by the Arbitration Court (.eu ADR and UDRP) there are no limited grounds for a .cz dispute. The disputes usually concern Czech trademark law or bad competition. The published decisions are to be found at http://domeny.soud.cz/adr/decisions/index.php.
The costs of the .cz domain-name arbitral proceedings are provided for in the schedule of costs governing the .cz disputes.
The schedule lists fixed amounts depending on the number of the disputed domain names and the type of the arbitral tribunal to decide over the case (single-member or three-member). Should the claimant submit also a financial claim besides the request for cancellation or transfer of the domain name, the additional fee is calculated based on the amount requested. In such case the Tariff of Arbitration Costs apply.
As a rule the .cz domain-name disputes shall be decided by a single arbitrator appointed by the President of the Arbitration Court. However based on the agreement of the parties a three-member arbitral tribunal may be appointed. In such case each party appoints one arbitrator and the presiding arbitrator is appointed by the President of the Arbitration Court in accordance with the common proposal of the two Arbitrators appointed by the Parties (if there is no such proposal, in his own discretion). The increased fee is then paid by the party who suggested to have the dispute decided by the three-member arbitral tribunal.
Language of the Arbitral Proceedings:
The language of the proceedings is Czech (eventually Slovak).
In the arbitration proceedings concerning the .cz domain names it is not possible to grant an interlocutory measure that would for example prevent the domain name holder from disposing of the domain name, particularly transferring it. The request for granting the interlocutory measure must be filed with the common court though the proceeding itself can still be held before the Arbitration Court.
However, the .cz domain registry (CZ.NIC, z.s.p.o.) will suspend the possibility to transfer the domain name for 4 months upon application of the claimant who proves that s/he has commenced .cz proceedings with the Arbitration Court (please see Art. 16.5. of the Rules of Domain Names Registration under ccTLD .cz available at http://www.nic.cz/page/314/rules-and-policies/).