SZANSE ARBITRAŻU W ROZWIĄZYWANIU SPORÓW NA TLE DOMEN INTERNETOWYCH

Abstract

The Chances of the Arbitration in the Solutions of Disputes Regarding Internet Domain NamesSummaryThe paper deals with the Polish alternative dispute resolution (ADR) for internet domain names, which was introduced in January 2003 together with the establishment of a special Court of Arbitration. The Court acts within the Polish Chamber of Informatics, Technology and Telecommunication and it is based on a procedure drawn upon the well known UDRP (Uniform Domain Name Dispute Resolution Policy). The latter is actually applied by the main international organizations, e. g. such as Worldwide Intellectual Property Organisation.The analysis focuses on the main procedural issues, such as type of conflicts that can be an object of the court examination, claims to be raised by the plaintiff, legal validity of the verdicts. Similarly to UDRP, the Polish proceedings provide only to the domain name’s cancellation or its transfer for the benefit of the entitled person. The decision rendered by the Court acquires its full juridical force only after the ascertainment of its enforceability by an ordinary civil court. This means, that theoretically each proceedings concluded with a decision of the Court of Arbitration, should be followed by a compulsory formal examination in front of an ordinary court. Due to this, the Polish ADR seems to bring more juridical safety than the above-mentioned UDRP, yet the proceedings might be in practice protracted. In addition, such „enforced” decision would possess validity in law, in respect of the establishment of all facts, which could be further used as a ground to potential claims for damages or unjustified enrichment.