Conditions to be met
Three conditions must be met to initiate an ADR procedure:
- that the Domain name of the Holder is identical to or interchangeable with their trade mark valid on the territory of the Republic of Slovenia, or company name, as taken from the court register in the Republic of Slovenia, or that it violates their copyright under the law of the Republic of Slovenia, or a registered geographic designation to which they are entitled under the law of the Republic of Slovenia, or encroaches on their rights to their personal name under the law of the Republic of Slovenia, or encroaches upon other rights recognised in the legal system of the Republic of Slovenia;
- that the Domain name holder has no legally recognised interest with regard to the registered Domain name; and
- that the Domain name was registered or is used in bad faith.
Procedure of ADR
In the event of a dispute, independent arbiters are appointed to issue a ruling that is binding on Registry. Once an ADR is initiated, both the complainant and the domain holder must follow the proper procedure, use the appropriate forms and comply with the terms.
Complainant files the application that initiates the procedure. The administrator shall send complete complaints to the domain-name holder together with an explanation how to respond to the complaint. After receiving the response, administrator shall forward it to the complainant. After receiving all applications from parties, or after the expiry of the deadlines, and if both parties fail to send a statement that they have agreed a settlement, the administrator shall appoint an arbiter, that shall reject or uphold the appeal.
There shall be no appeals against decisions in the ADR procedure.
In case of any wording misapprehensions between the English and Slovenian version of the ADR Rules, wording in Slovenian is superior and legally binding.
Official e-mail for ADR procedure is ARDS(at)register.si.
List of arbiters
- Dr. Maja Bogataj Jančič LL.M., LL.M.
- Eva Gostiša
- Dr. Branko Korže
- Dr. Boštjan Makarovič
- Dr. Martina Repas
Link to ADR documentation.
Link to ADR decisions.