Alternate Dispute Resolution (ADR) Frequently Asked Questions
What are the ADR Regulations?
What domains are they applicable to?
What purpose do they serve?
How does this affect me as a domain registrant?
How is a dispute submitted?
Who are the accredited dispute resolution providers?
Will I need a lawyer to assist me?
What are the costs involved?
What rights will I as a Registrant have?
What are the potential outcomes of a dispute?
What are the ADR Regulations?
The ADR Regulations have been introduced in terms of Chapter 10 Part 6 of the Electronic Communications and Transactions (ECT) Act. They were gazetted on the 22 November 2006 (GG29405) by the Minister of Communications.
What domains are they applicable to?
The ADR Regulations are currently only applicable to all CO.ZA domain names.
What purpose do they serve?
The ADR Regulations are intended to provide legitimate right holders with an efficient and cost effective means of protecting their rights. It seeks to balance this protection against the rights of the current domain name Registrants, making provision for such issues such as reverse hijacking.
How does this affect me as a domain registrant?
It is vitally important that you check and confirm that your domain name contact details are accurate and complete. Not only is this necessary for you to receive important notices from UniForum SA, such as statements and suspension notices, it is also important because any notification of a Dispute will be sent to your listed email addresses. Should you fail to receive these important notices, you could lose your domain name.
How is a dispute submitted?
A dispute needs to be submitted to an Accredited ADR Provider. These organisations are accredited by the .za Domain Name Authority (ZADNA), and the exact process may vary from provider to provider. Exact proceedures can be obtained from each provider.
Who are the accredited dispute resolution providers?
Currently two providers have been accredited by ZADNA, namely:
The Arbitration Foundation of South Africa (AFSA)
The South African Institute of Intellectual Property Law (SAIIPL)
Will I need a lawyer to assist me?
No. It should be possible for the layman to lodge and/or defend a dispute. Legal representation may, however, be beneficial.
What are the costs involved?
Currently, a single person Adjudicator costs R10 000.00, and a panel of 3 Adjudicators costs R24 000.00. These fees are payable by the Complainent, except where the Respondent elects to have the complaint adjudicated by a panel of 3 Adjudicators. In this instance the Respondent will assume a portion of the ADR fee. No cost orders will be awarded in terms of the Dispute Resolution Process.
What rights will I as a Registrant have?
The ADR Regulations provide the Registrant an opportunity to respond to the Complainant's claims. A Dispute Resolution Provider is compelled to provide a Registrant with a response template, in terms of which the Registrant is provided guidelines on how to structure a response.
What are the potential outcomes of a dispute?
An Adjudicator may either elect to deny the Dispute or to rule in favour of the Complainant and have the domain name transferred. In the event that domain name registration constitutes an offensive registration, the Adjudicator will determine that the domain name be deleted and prohibited from future registration. Again, there are no monetary damages applied to domain name disputes in terms of the Regulations.