1. I want to initiate a dispute resolution regarding a domain name with ending .SK. When will it be possible? What should i do?
Submissions might be submitted starting on the day of new rules taking effect, i.e. starting on 01.09.2017.
To initiate a dispute resolution, it is at first necessary to create a user account on our on-line platform. Afterwards, it is possible to send a submission to the ADR Centre through the created user account.
Here you can find the list of all the mandatory parts of a submission.
2. Does the ADR Centre accept submissions send by post to the correspondence address of the ADR Centre?
No. Submissions as well as the whole communication of parties with the ADR Centre must be conducted, in accordance with the ADR Rules and the Rules of Procedure, exclusively via electronic means.
3. How long does a dispute resolution take approximately?
A dispute resolution normally takes three to four months, from the moment of initiation of the dispute resolution to issuance of the final decision.
4. Is it possible to speed up the dispute resolution?
The Rules of Procedure recognise so-called expedite proceedings, which may be instigated by the ADR Centre if the complainant proposes so. Conditions for admitting such proposal: it must be part of the submission and it must contain all the necessary parts in accordance with the Rules of Procedure; the matter is factually and legally uncomplicated and the expert did not refuse to accept the proposal for expedite proceedings. The expedited proceedings is subject to extra charge in addition to basic fee in accordance with the Table of Fees. In expedited proceedings, the ADR Centre proceeds in a manner which allows for the dispute to be resolved within thirty (30) days of initiating a dispute resolution.
5. How can pay the fees for dispute resolution?
At the moment we accept only bank transfers. More information on fees, their size and possible payment methods can be found here.
6. Can I require reimbursement of lost profit or costs of representation?
No.
7. What kind of claims can I assert?
In the course of a dispute resolution, it is possible to claim termination of the registration period of a domain, which will be then freely available for registration, or it is possible to claim transfer of the domain to the complainant.
8. Is the domain holder entitled to use the domain name in dispute during the dispute resolution?
Yes. Until the decision is issued, the disputed domain name is still in possession of the domain holder, who is free to use the domain name.
9. Is the domain holder entitled to transferring the domain name?
Yes. The only way to prevent domain holder from transferring the domain name is to make a request to prevent transfer of a domain in accordance with article 4.6.1. of Rules. In such case, SK-NIC is, on the basis of the request submitted by the complainant, able to prevent transfer of the domain to a new holder or to prevent ending the registration period of a domain.
10. Who will decide the dispute?
A dispute will be decided by an expert, who will be chosen from the list of experts by the ADR Centre on the basis of a rotation.
11. Can I influence the choice of expert?
That is possible only case of a dispute decided by a panel consisting of three members. In such case, each party may name one expert a then the two experts nominated by parties will choose the presiding expert. The expert must be chosen from the provided list of experts.
12. What if I do not agree with nomination of a specific expert?
After an expert is nominated and the dispute is delegated to the expert, the parties may object to expert’s impartiality, if the party has reasonable doubts about expert’s impartiality.
13. In which language is the dispute conducted?
Language of the dispute resolution is Slovak. If both of the parties and the relevant expert agree, the dispute resolution may be conducted in a language different from the language of the dispute resolution.
The decision shall be produced in the Slovak language. However, the ADR Centre may, if a party proposes so and pays the applicable additional costs of the ADR Centre, provide the decision to the party in English language.