Amended ADR rules for ‘.be’ ccTLD introduced

Belgium
In December 2010 DNS.BE, the registry responsible for the administration of the Belgian country-code top-level domain, ‘.be’, announced that it would make a number of amendments to its alternative dispute resolution (ADR) procedure. These procedural changes came into effect on January 1 2011.

Belgium adopted a variation of the Uniform Domain Name Dispute Resolution Policy (UDRP) in 2000. Paragraph 10(b)(1) of the DNS.BE General Terms and Conditions sets out the requirements that a complainant must meet in order to be successful under the ‘.be’ procedure. The major difference between the UDRP and the ‘.be’ procedure is that the UDRP requires evidence of bad faith in relation to both the registration and use of the disputed domain name, whereas the ‘.be’ procedure requires that only one of these elements be established.
 
This ADR procedure is administered by the Belgian Centre for Arbitration and Mediation, known as CEPANI. The main amendment made to Belgium’s ADR procedure is to give ‘.be’ complaint managers the possibility to notify parties if an error has been made in a complaint or in a response. Another change is in relation to the delay to appeal a decision, which is changed from 14 to 15 calendar days of the notification of the decision.
 
These amendments, and especially the first one, are welcomed as they are likely to contribute to ensuring that the parties are treated with equality and that each party is given a fair opportunity to present its case.
 
David Taylor and Vincent Denoyelle, Hogan Lovells, Paris

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