The most recent source for .com.uy domains dispute policy
(in Spanish) can be found at: www.nic.org.uy/Registrar/arbitrajeregla.htm
Register domain names under. UY Technical Instructions 37. By the
mere fact of submitting the application for registration of the domain
name, the applicant / owner agrees to accept the arbitration mechanism
for settling disputes arising in the domain name registration, to abide
by its outcome and to pay the expenses and costs as determined by the
arbitrator, see Annex II .
Name Dispute Resolution
Annex II
Under the provisions of Clause 37 of the Technical Instructions
applicant / holder accepts arbitration services provided by the Center
of Conciliation and Arbitration of the Chamber of Commerce and Services
of Uruguay , and the application of the Arbitration Rules of the
Centre. points listed in the Technical Instructions : 37
Arbitration Rules in Respect of Domain Names for. UY
Article 1. The arbitration proceedings in
Internet domain names is governed by the Arbitration Rules of
Conciliation and Arbitration Center, Court of Mercosur International
Arbitration of the Stock Exchange of Uruguay , subject to the
modifications set forth in this Regulation.
Article 2. Definitions arbitration Commitment: Legal act bilaterally,
completed under a statutory provision, clause or will parties, which
establishes the details regarding the submission of a matter concerning
the registration of a domain name arbitration jurisdiction. demand
arbitration: Act by which the claimant submits a claim for registration
of a domain name the arbitral tribunal, requesting a ruling favorable
to their interest.
Defendant: Quality or attribute of the
natural or legal person, the registrant of a domain name, against which
promotes demand. Plaintiff or actor: quality or attribute of the
natural or legal person who promotes a demand on the registration of a
domain name.
Harassment to good use the domain name (also
known for kidnapping in reverse domain name): Use of bad faith on the
uniform dispute-resolution policy disputes concerning domain names
adopted on 24 October 1999 by the Corporation for Assigned Names Domain
and Numbers ( ICANN ) to attempt to deprive the domain name holder of a
domain name registered.
technical manual : Agreement between
the registrar and the domain name holder for the registration of a
domain name. arbitral Judgment: Process for the registration of a
domain name for the rule of law or by agreement of the parties is
settled before arbitrators.
Domain name: The domain name
system (DNS) serves the function of facilitating users to browse the
Internet. It does so with the help of two components: the domain name
and its number of Internet Protocol (IP).
A domain name is
the unique address easily understandable to the user, a computer,
usually as easy to remember or to identify, for example: seciu.edu.uy.
An IP number is a unique underlying numeric address, such as
164.73.128.1. The DNS distributed database containing lists of domain
names and corresponding IP numeric addresses and perform the function
of establishing maps domain names and corresponding IP numeric
addresses, in order to direct requests connection of computers on the
Internet.
Parties: Plaintiff and defendant.
Registrar: Entity to which the Respondent has registered the domain
name that is the subject of the claim.
Article 3. Scope.
1) Where the parties have agreed writing that
the dispute between them concerning the registration of an Internet
domain name arbitration proceeding shall be settled in accordance with
the procedure of the Centre for Conciliation and Arbitration,
International Court of Arbitration for Mercosur, the Stock Exchange
Uruguay, such disputes shall be resolved in accordance with this
Regulation, subject to such modification as the parties by agreement
may be made in writing and accepted by the Centre.
2) These Rules shall govern the arbitration
except in cases any of its rules is in conflict with a rule of public
law applicable to arbitration, in which case the latter shall govern.
3) If the vacuum of the rules of this
Regulation and the Rules of Arbitration and Conciliation Center
Arbitration, International Court of Arbitration for Mercosur, the
Stock Exchange of Uruguay, the rules of procedural law applicable to
arbitration.
4) The provisions of these Regulations and
the Arbitration Rules of Conciliation and Arbitration Center , Court
of International Arbitration for Mercosur, the Stock Exchange of
Uruguay shall, except as otherwise provided, those that are in force
on the date the request for arbitration has been received by the
Secretariat General of the Centre.
Article 4 . Regime notifications Notifications
can be made by letter or written document, return receipt requested,
telegram, notarized, facsimile transmission with confirmation of
transmission, by electronic mail via the Internet, provided that the
availability of record of its transmission, or other written forms of
electronic communication. Also be undertaken by any other means of
notification which the parties have agreed in the contract, agreed in
the arbitration or resolved by the court.
Article 5. Language Unless otherwise agreed by
the parties, the language of arbitration shall be Spanish language,
unless the arbitral tribunal decides otherwise, in response to comments
made by the parties and the circumstances of the arbitration.
Article 6. Number of Arbitrators
1) The arbitral tribunal shall consist of one
or three arbitrators, as agreed by the parties.
2) In the event that the parties have not
established the number of arbitrators or where no agreement among them
on this point, it is understood that the Board shall consist of a sole
arbitrator. Notwithstanding this, the Centre may appoint a greater
number of arbitrators, given the complexity and circumstances of the
arbitration.
Article 7. Appointment of sole arbitrator tribunal
1) Where the court is composed of a sole
arbitrator, the same shall be appointed by agreement between the
parties from a list of arbitrators that make up the Body of
Arbitrators Domain Name Center.
2) In the event that, at the hearing referred
to in article 13 of the present, not there is agreement between the
parties to the sole arbitrator, the same shall be appointed by the
Centre.
Article 8. Appointment of arbitral tribunal collegiate
1) Where the arbitral tribunal is composed of
three arbitrators, each party shall appoint one arbitrator, which
should not necessarily be removed from the list of arbitrators that
make up the Body of Arbitrators Domain Name Center. The arbitrator
shall be appointed by each party at the hearing referred to in article
13.
2) If a party fails to make the designation
of the arbitrator in the hearing mentioned above, the same shall be
appointed by the Centre.
3) In the case of court composed of three
arbitrators, the arbitrators appointed by each of the parties or
failing Center-designate, in turn, the third arbitrator, who shall
preside over the tribunal. The third arbitrator shall be chosen from a
list of arbitrators that make up the Body Domain Name Arbitration
Center at the hearing referred to in Article 13 or, later, if
appointed by the Centre in the case had not made by the parties.
4) If there is no agreement between the
arbitrators appointed by the parties to the chair of the tribunal, the
appointments shall be made by the Centre.
Article 9. Criteria for designation for the
purposes of the appointment of arbitrators The Centre will consider the
independence, impartiality and expertise of the members of the
Arbitration Body Center, selecting Corps Domain Name Arbitration.
Article 10 . How the court will rule for the
procedure not covered by this Regulation the provisions of paragraph 1
of Article 14 of the Arbitration Rules of Conciliation and Arbitration
Centre, International Court of Arbitration for Mercosur, the Stock
Exchange of Uruguay.
Article 11 . procedure for challenging an
arbitrator procedure for challenging an arbitrator will the provisions
of Article 485 of the General Code of Procedure.
Article 12 . Notice of Arbitration
1) The party initiating recourse to
arbitration (hereinafter called "the claimant") shall notify the
Secretary General of the Centre and the other party (in hereinafter
called "the respondent").
2) shall be deemed to arbitration begins on
the date on which the notice of arbitration is received by the
Secretariat General of the Centre.
3) The notice of arbitration shall include the following information:
a. Request that the dispute be referred to
arbitration;
b. Name, address and email, and telephone
numbers and facsimile of the parties;
c. Reference to the arbitration clause of
the technical instructions or separate arbitration agreement that is
invoked;
d. Reference to the event, act or contract
out cpr144449003101 of which the case or which the dispute arises;
e. Specify the name or domain names that are
the subject of the complaint;
f. Proposal on the number of arbitrators
when the parties have not previously agreed thereon.
Article 13 . Award of arbitration
1) Upon receipt of the notice of arbitration,
the Center will call the complainant and the respondent to give the
arbitration agreement at a hearing to be held under the chairmanship
of the Secretary General of the Centre within a maximum a fortnight.
2) At the hearing, the arbitration shall be granted, in deed, to the
Clerk of the Centre, which will contain:
a. Grant date and name of the grantors,
postal and e-mail and the telephone and facsimile numbers of the
parties;
b. Name of the arbitrators, if the
designation of them had not been made in the arbitration clause. If
there is no agreement on the appointment of arbitrators, the
procedure as provided in paragraph 2 of Article 7 and paragraph 3 of
Article 8 of this Regulation;
c. Points on which the award should lie. If
no agreement of parties on this issue, each of them will come up
points and they will all be subject to arbitration;
d. Name or domain names that are the subject
of the complaint;
e. Arbitration. If nothing is said about the
matter, apply the provisions of this Regulation and the Rules of
Arbitration of the Center of Conciliation and Arbitration,
International Court of Arbitration for Mercosur, the Stock Exchange
of Uruguay, the latter with the scope given by section 1 of this
Regulation;
f. The mention of whether the arbitration is
in law or in equity. If nothing saith, the arbitrators fail in
equity.
g. Laudar Deadline, subject to the
provisions of paragraphs 3 and 4 of Article 15 of this Regulation.
3) The parties may submit at the hearing,
jointly signed an arbitration agreement in a public document
containing the provisions set forth in the preceding paragraph.
4) If a party do not attend the hearing
scheduled or refuse to grant the arbitration, the claimant shall be
free to promote common justice to the granting of the arbitration.
Article 14 . demand arbitration
1) In case of pointless attempt at
conciliation, the applicant must submit the application before the
tribunal in print and in electronic form (except to the extent that is
not available for annexes) within ten calendar days as from the
audience futile attempt at conciliation.
2) The application shall contain the following information:
a. Name, address and e-mail and the
telephone and facsimile numbers of each of the parties;
b. Accurate account of the facts, determine the points at issue and
invocation of the law on which the claim is based, in particular:
i) the name or domain names that are the subject of the complaint;
ii) identification of the registrar to which you have registered the
domain name or names at the time of submitting the application;
iii) a description of the reasons on which the claim is based,
including in particular:
- the way the name or domain names
are identical or similar to the point of creating confusion with a
trademark or service on which the complainant has rights;
-
the reasons why you should consider that the Respondent (domain name
holder) has no rights or legitimate interests in the domain name or
names of the application object, and
- the reasons why you
should consider that the name or names domain has been registered and
used in bad faith. - and any other element deemed of interest.
c. Offer of the relevant evidence in
accordance with paragraph 3;
d. Signature of applicant or its representative.
If demand
does not meet the formal requirements, they must be corrected by the
applicant within the time specified by the court.
3) The applicant shall accompany the
application the documents proving the personality invoked, all the
documentary evidence try to enforce and is in his power, and also
indicate the name and address of the witness and succinct view of the
testimony, as well as other means of proof that will take care of
themselves and filling out request.
4) Only may be proposed later clearly
supervening evidence or new facts relating to or mentioned by the
other party to answer the complaint or counterclaim.
5) In the application and accompanying
documents, as well as any other document or writing that this by
either party during the arbitration proceedings shall be attached as
many copies as people have to be notified and the arbitral tribunal
shall have and copy to the Secretariat General of the Centre.
Article 15 . Answering the demand
1) Once notified The defendant must answer in
print and in electronic form (except to the extent that is not
available for annexes) demand within fifteen calendar days.
2) The reply brief shall observe the same
requirements of form specified for the application, to the extent that
applicable.
3) The defendant must act strongly on the
accuracy of the facts alleged in the complaint and the authenticity of
the documents to which it is accompanied whose authenticity HAVE
whatever you attributed. In particular, it must include all the
reasons why the Respondent (domain name holder) to retain registration
and use of the domain name in dispute. His silence and ambiguous or
evasive answers will be taken as an admission of those facts and the
authenticity of the documents.
4) In answering the complaint, the defendant
must prove, being applicable to the same rules that regulate the
production of evidence by the applicant.
Article 16. Citation to laudar
1) After completion of filling out the test,
the arbitral tribunal shall declare the proceedings closed and summon
the parties to hear the award to be issued.
2) If the court deems it necessary , acting
ex officio or upon request, may reopen the proceedings, at any time
before the award was rendered.
3) The award shall be rendered within the
period prescribed in the arbitration agreement or, failing that,
within sixty days from receipt of the complaint, unless the parties or
the Centre, the latter for valid reason, may agree to suspend the
proceedings.
4) The Centre may agree, for reasons duly
substantiated, an extension of time to laudar.
5) The court arbitral award must notify the
Center and the registrar within twenty-four hours of dictation.
