NIC Chile appoints new arbitrators to meet '.cl' dispute demand

NIC Chile, the body responsible for administering the country-code top-level domain '.cl', has chosen five new arbitrators (all lawyers) to join 21 others currently offering domain name dispute resolution services. The appointments reflect the growing popularity of NIC Chile's arbitration system.

In order to register a '.cl' domain name, applicants must contractually agree that any conflict that arises with another registrant over the same domain name will be subject to a mediation and arbitration proceeding. The proceeding is held before Nic Chile officials and an arbitrator, who is either agreed on by the parties or, more usually, chosen from NIC Chile's list. Each party has the right to cross out three names on the list before NIC Chile designates an arbitrator to resolve the case. Trademark ownership, company names, surnames, nicknames and the first-come, first-served principle are all used to determine which party has the greater right to the name in dispute.

The dispute resolution policy may also be invoked if a party files a revocation action against a registered domain name. An arbitrator will enforce an order for revocation if the party can prove that registration was made in bad faith.

Although the NIC Chile arbitration system has proved extremely popular, it is also possible to initiate actions before the Chilean courts or other jurisdictional bodies such as the Antitrust Commission.

Cristina Errázuriz, Beuchat Barros & Pfenniger, Santiago