SUNT DECIZIILE ORGANISMELOR INTERNAŢIONALE DE SOLUŢIONARE ALTERNATIVĂ A LITIGIILOR (SAL) FUNDAMENTATE PE POLITICA DE SOLUŢIONARE UNIFORMĂ A LITIGIILOR
ARE THE DECISIONS OF THE INTERNATIONAL BODIES IN ALTERNATIVE DISPUTE RESOLUTION (ADR) BASED ON THE UNIFORM DISPUTE RESOLUTION POLICY (UDRP) FOR DOMAIN

Summary/Abstract: The alternative dispute resolution (ADR) for domain name disputes based on Uniform Dispute Resolution Policy (UDRP) adopted by ICANN in 1999 provides for administrative proceedings. The decisions awarded in these proceedings shall be implemented directly by the domain names Registrars. The implementation is, according to paragraph 4 (k) of the UDRP subject to stay if a Court proceeding in a competent jurisdiction is initiated in a 10 business days term from the date the domain name Registrar is informed about the Administrative Panel decision. The nature of the Court proceedings available under the local jurisdiction is not clear under UDRP, ICANN Rules for UDRP or the procedural rules adopted by the different UDRP procedure providers. This body of rules does not specify if the local proceedings subject the Administrative Panel decision to direct review or only provides for a procedural mean to stop the enforcement of such decision by obtaining a contrary Court decision. This amounts to a degree of uncertainty for the proceedings under the local law especially in countries where there is no legislation in connection to domain name, as it is Romania. The possibility to subject an Administrative Panel decision in an UDRP proceeding to the application to cancel an arbitration award provided by article 364 from the Romanian Civil Procedure Code is a tempting one. On the other side, the application provided by article 364 from the Romanian Civil Procedure Code may be founded only on limited legal grounds, some expressly provided by the said article being incompatible with the alternative dispute resolution (ADR) for domain name disputes based on Uniform Dispute Resolution Policy adopted by ICANN in 1999 and is limited only to arbitration award.

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