Disputes

According to the Regulations, domain name disputes are resolved by the Arbitration Court or any other court.

Arbitration Court is one of the permanent Arbitration Courts operating at organizations, which are bound to NASK by co-operation agreements on disputes resolution.

For information about procedures and rules of Arbitration Courts, visit their websites

• The Arbitration Court at the Polish Chamber of Information Technology and Telecommunication
  54 Koszykowa Str.
  00-675 Warsaw (entrance B, office 03 230 - III)
  Poland
  tel./fax: + 48 22 625 73 23
  webside: http://www.piit.org.pl
  
  
  
• Court of Arbitration at the Polish Chamber of Commerce
  4 Trębacka Str.
  00-074 Warsaw
  Poland
  tel.: +48 22 827 47 54
  fax: +48 22 827 94 01
  webside: http://www.sakig.pl
  
  
• The World Intellectual Property Organization Arbitration and Mediation Center
  34, chemin des Colombettes
  P.O. Box 18
  1211 Geneva 20
  Switzerland
  tel.: (41-22) 338 8247 or 0800 888 549
  fax: (41-22) 740 3700 or 0800 888 550
  webside: http://www.wipo.int
  
  The World Intellectual Property Organization Arbitration and Mediation Center resolves domain name disputes, in which both parties are registered or resident outside the Republic of Poland.
  
  

A legally valid decision of an arbitration court or the common court stating, that the Subscriber has infringed the plaintiff's rights, shall be a basis for the termination of the Agreement by NASK with that Subscriber and the registration of the domain name for the plaintiff.

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, the party mentioned above, with 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 upon concluding an agreement between this party and NASK, on terms set forth in the Domain Name Regulations for domain .pl, available at NASK's website, 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 .pl domain, available at NASK's website 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 .pl domain name, available at NASK's website, 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 .pl domain name, available at NASK's website dedicated to .pl domain names.

Frequently Asked Questions - Disputes >>