World Intellectual Property Organization Supplemental Rules for .eu Alternative Dispute Resolution Rules

(the "Supplemental Rules")

(In effect as of June 1, 2017)

1. Scope

2. Definitions

3. Communications

4. Submission of Complaint and Annexes

5. Formalities Compliance Review

6. Appointment of Case Administrator

7. Submission of Response and Annexes

8. Panel Appointment Procedures

9. Declaration

10. Fees

11. Word Limits

12. File Size and Format Modalities

13. Settlement

14. Panel Decision

15. Amendments

16. Exclusion of Liability


1. Scope

(a) Relationship to ADR Rules. These Supplemental Rules are to be read and used in connection with the .eu Alternative Dispute Resolution Rules (the "ADR Rules").

(b) Version of Supplemental Rules. The version of these Supplemental Rules in effect on the date of the submission of the complaint shall apply to the administrative proceeding commenced thereby.

2. Definitions

Any term defined in the ADR Rules shall have the same meaning in these Supplemental Rules.

3. Communications

(a) Modalities. Subject to Paragraph A(2)(c) of the ADR Rules, any submission that may or is required to be made to the WIPO Arbitration and Mediation Center (the "Center") or to a Panel pursuant to these ADR Rules, shall be made either:

(i) by electronic mail (email) using the address specified by the Center; or

(ii) through the Center’s Internet-based case filing and administration system.

(b) Archive. The Center shall maintain an archive of all communications received or required to be made under the ADR Rules.

4. Submission of Complaint and Annexes

(a) Complaint Including Annexes. Subject to Paragraph A(2)(c) of the ADR Rules, the complaint including any annexes shall be submitted electronically in complete form (in accordance with Paragraph 12(a) below).

(b) Complaint Transmittal Coversheet. The Complainant shall be required to send or transmit its complaint under cover of the Complaint Transmittal Coversheet set out in Annex A hereto and posted on the Center's website. Where available, the Complainant shall use the version that is in the same language(s) as the registration agreement(s) for the domain name(s) that is/are the subject of the complaint.

(c) Registry Verification. The Center shall submit a verification request to the Registry. The verification request will include a request to block the domain name, pursuant to Paragraph B(1)(e) of the ADR Rules.

(d) Complaint Notification Instructions. In accordance with Paragraphs A(2)(b) and A(2)(c) of the ADR Rules, the Center shall forward the complaint electronically to the Respondent together with the instructions set out in Annex B hereto and posted on the Center's website. The Center shall also forward a notification with information on the complaint to the Respondent (pursuant to Paragraph A(2)(b)(ii) of the ADR Rules).

5. Formalities Compliance Review

(a) Deficiency Notification. The Center shall, within five (5) working days of receiving the complaint, review the complaint for compliance with the formal requirements of the ADR Rules and Supplemental Rules and notify the Complainant of any deficiencies therein.

The Center shall, within five (5) working days of receiving the response, review the response for compliance with the formal requirements of the ADR Rules and Supplemental Rules and notify the Respondent of any deficiencies therein.

(b) Withdrawal. If the Complainant fails to remedy any deficiencies identified by the Center within the time period provided for in Paragraph B(2)(b) of the ADR Rules (i.e., seven (7) days), the Center shall notify the Complainant, the Respondent and the Registry of the deemed withdrawal of the complaint.

The Complainant’s Challenge of the withdrawal of the complaint due to an administrative deficiency (pursuant to Paragraph B(2)(c) of the ADR Rules) is described in Annex F.

6. Appointment of Case Administrator

(a) Notification. The Center shall advise the Parties of the name and contact details of a member of its staff who shall be the Case Administrator and who shall be responsible for all administrative matters relating to the dispute and communications to the Administrative Panel.

(b) Responsibilities. The Case Administrator may provide administrative assistance to the Panel or a Panelist, but shall have no authority to decide matters of a substantive nature concerning the dispute.

7. Submission of a Response and Annexes

Subject to Paragraph A(2)(c) of the ADR Rules, the response including any annexes shall be submitted electronically in complete form (in accordance with Paragraph 12(b) below).

8. Panel Appointment Procedures

(a) Party Candidates. Where a Party is required to submit the names of three (3) candidates for consideration for appointment by the Center as a Panelist (i.e., in accordance with Paragraphs B(1)(b)(4), B(3)(b)(4) and B(4)(c) of the ADR Rules), that Party shall provide the names and contact details of its three candidates in the order of its preference. In appointing a Panelist, the Center shall, subject to availability, respect the order of preference indicated by a Party.

(b) Presiding Panelist

(i) The third Panelist appointed in accordance with Paragraph B(4)(d) of the ADR Rules shall be the Presiding Panelist.

(ii) In accordance with Paragraph B(4)(d) of the ADR Rules, the Center shall make the appointment of the Presiding Panelist from its published list.

(c) Respondent Default

Where the Respondent does not submit a response in accordance with Paragraph B(3)(f) of the ADR Rules or does not submit the payment provided for in Paragraph B(3)(c) of the ADR Rules by the deadline specified by the Center, the Center shall proceed to appoint the Panel, as follows:

(i) If the Complainant has designated a single member Panel, the Center shall appoint the Panelist from its published list;

(ii) If the Complainant has designated a three member Panel, the Center shall, subject to availability, appoint one Panelist from the names submitted by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its published list.

The Respondent’s Challenge of the Center’s notification of the Respondent’s default (pursuant to Paragraph B(3)(g) of the ADR Rules) is described in Annex G.

9. Declaration

In accordance with Paragraph B(5) of the ADR Rules, prior to appointment as a Panelist, a candidate shall be required to submit to the Center a Declaration of Impartiality and Independence using the form set out in Annex C hereto and posted on the Center's web site.

10. Fees

The applicable fees for the administrative procedure are specified in Annex D hereto and posted on the Center's web site.

11. Word Limits

(a) The word limit under Paragraph B(1)(b)(10) of the ADR Rules shall be 5,000 words.

(b) The word limit under Paragraph B(3)(b)(6) of the ADR Rules shall be 5,000 words.

(c) For the purposes of Paragraph B(12) of the ADR Rules, there shall be no word limits.

12. File Size and Format Modalities

(a) The file size and format modalities under Paragraph B(1)(b) of the ADR Rules shall be as set forth in Annex E hereto and posted on the Center’s website.

(b) The file size and format modalities under Paragraph B(3)(b) of the ADR Rules shall be set forth in Annex E hereto and posted on the Center’s website.

13. Settlement

If before Panel appointment the Parties agree on a settlement, the Parties shall notify the Center.

14. Panel Decision

The Panel Decision shall include a brief summary in English as required by the ADR Rules. The Panel Decision shall be posted on the Center’s website.

15. Amendments

The Center may amend these Supplemental Rules in its sole discretion and shall notify the Registry of any such modification(s) at least ninety (90) calendar days before coming into effect, unless mutually agreed otherwise.

16. Exclusion of Liability

Except in respect of deliberate wrongdoing, a Panel, the World Intellectual Property Organization and the Center shall not be liable to a party, a concerned registrar or the Registry for any act or omission in connection with the administrative proceeding.