Dispute is a legal action initiated by a third party in the Arbitration Court or any other court to protect that party's rights that could have been infringed by the Subscriber by entering into or performing the Agreement[back]
How to contact the Arbitration Court?
Information on active Arbitration Courts and their addresses are available at www.dns.pl.[back]
Why is it recommended to notify NASK about a Dispute?
It is recommended, because after receiving a document confirming that a Dispute arose, NASK shall suspend the Changes of Subscriber of the Domain Name under Dispute. The changes will be suspended until the Dispute is concluded, but not later than for a year from the date NASK is notified about the Dispute. The period may be extended, provided the third party, whose rights have been infringed, demonstrates that the Dispute has not yet been concluded.[back]
What happens if Subscriber does not sign the arbitration clause to the Arbitration Court (the Arbitration Agreement)?
Non-signing the arbitration clause to the Arbitration Court (the Arbitration Agreement) by Subscriber of the Domain Name results in termination of the contract with NASK, subsequently eliminating the Domain Name from Registry NASK.[back]
What are the consequences of Dispute which is resolved in favour of plaintiff?
Once NASK receives a legally valid decision of an Arbitration Court or the common court, stating that plaintiff's rights have been infringed as consequence of registration and use of internet domain, contract with Subscriber will be terminated and the domain name registered for plaintiff.[back]
What is the proceeding that follows the verdict stating a third person's rights have been infringed by Subscriber of the domain name?
1. Proceeding on verdict of court of general jurisdiction.
the party, whose rights have been infringed by subscriber of domain name in consequence of registeration or use of domain name, shall submit to NASK a legally valid verdict by a court of general jurisdiction, stating such infrigement;
NASK provides, to party mentioned above, an offer form of agreement to maintain the domain name, with indicated deadline for submitting to NASK a correctly filled and signed form of offer to conclude an agreement to maintain the domain name, specifying the consequences of exceeding the deadline;
the party mentioned above, shall submit to NASK a correctly filled and signed form of offer to conclude an agreement to maintain the domain name; to be submitted within the deadline determined by NASK;
Once NASK receives a correctly filled and signed form of offer to conclude an agreement to maintain the domain name, it shall start maintaining the domain name for the party whose rights have been infringed by previous subscriber; the domain name shall start to be maintained on concluding an agreement between this party and NASK, on terms set forth in the Domain Name Regulations for domain .pl, available at the website of NASK dedicated to .pl domain names;
NASK may refuse to sign the agreement mentioned above, if a correctly filled and signed form of offer to conclude an agreement to maintain the domain name is not submitted within the deadline determined by NASK, and in cases set forth in the Domain Names Regulations for the domain .pl, available at the website of NASK dedicated to .pl domain names.
2. Proceeding on verdict of arbitration court.
the party whose rights have been infringed by subscriber of domain name in consequence of registeration or use of domain name, shall submit to NASK a legally valid ruling by a court of general jurisdiction, recognising the verdict of an Arbitration Court stating such infrigement;
NASK provides to party mentioned above, an offer form of agreement to maintain the domain name, with indicated deadline for submitting to NASK a correctly filled and signed form of offer to conclude an agreement to maintain the domain name, specifying the consequences of exceeding the deadline;
the party mentioned above, shall submit to NASK a correctly filled and signed form of offer to conclude an agreement to maintain the domain name; to be submitted within the deadline determined by NASK;
Once NASK receives a correctly filled and signed form of offer to conclude an agreement to maintain the domain name, it shall start maintaining the domain name for the party whose rights have been infringed by previous subscriber; the domain name shall start to be maintained on concluding an agreement between this party and NASK, on terms set forth in the Domain Name Regulations for domain .pl, available at the website of NASK dedicated to names of domain .pl;
NASK may refuse to sign the agreement mentioned above, if a correctly filled and signed form of offer to conclude an agreement to maintain the domain name is not submitted within the deadline determined by NASK, and in cases set forth in the Domain Names Regulations for the domain .pl, available at the website of NASK dedicated to names of domain .pl.[back]
2011
