.com.uy Domain General FAQ


.com.uy Domains Dispute & Policy

Last Update 20 August 2012. The most recent source for .com.uy domains dispute policy (in Spanish) can be found at: www.nic.org.uy/Registrar/arbitrajeregla.htm

Register domain names under. UY Technical Instructions 37. By the mere fact of submitting the application for registration of the domain name, the applicant / owner agrees to accept the arbitration mechanism for settling disputes arising in the domain name registration, to abide by its outcome and to pay the expenses and costs as determined by the arbitrator, see Annex II .

Name Dispute Resolution
Annex II

Under the provisions of Clause 37 of the Technical Instructions applicant / holder accepts arbitration services provided by the Center of Conciliation and Arbitration of the Chamber of Commerce and Services of Uruguay , and the application of the Arbitration Rules of the Centre. points listed in the Technical Instructions : 37

Arbitration Rules in Respect of Domain Names for. UY

Article 1. The arbitration proceedings in Internet domain names is governed by the Arbitration Rules of Conciliation and Arbitration Center, Court of Mercosur International Arbitration of the Stock Exchange of Uruguay , subject to the modifications set forth in this Regulation.
Article 2. Definitions arbitration Commitment: Legal act bilaterally, completed under a statutory provision, clause or will parties, which establishes the details regarding the submission of a matter concerning the registration of a domain name arbitration jurisdiction. demand arbitration: Act by which the claimant submits a claim for registration of a domain name the arbitral tribunal, requesting a ruling favorable to their interest.
Defendant: Quality or attribute of the natural or legal person, the registrant of a domain name, against which promotes demand. Plaintiff or actor: quality or attribute of the natural or legal person who promotes a demand on the registration of a domain name.
Harassment to good use the domain name (also known for kidnapping in reverse domain name): Use of bad faith on the uniform dispute-resolution policy disputes concerning domain names adopted on 24 October 1999 by the Corporation for Assigned Names Domain and Numbers ( ICANN ) to attempt to deprive the domain name holder of a domain name registered.
technical manual : Agreement between the registrar and the domain name holder for the registration of a domain name. arbitral Judgment: Process for the registration of a domain name for the rule of law or by agreement of the parties is settled before arbitrators.
Domain name: The domain name system (DNS) serves the function of facilitating users to browse the Internet. It does so with the help of two components: the domain name and its number of Internet Protocol (IP).
A domain name is the unique address easily understandable to the user, a computer, usually as easy to remember or to identify, for example: seciu.edu.uy. An IP number is a unique underlying numeric address, such as 164.73.128.1. The DNS distributed database containing lists of domain names and corresponding IP numeric addresses and perform the function of establishing maps domain names and corresponding IP numeric addresses, in order to direct requests connection of computers on the Internet.
Parties: Plaintiff and defendant.
Registrar: Entity to which the Respondent has registered the domain name that is the subject of the claim.
Article 3. Scope.
1) Where the parties have agreed writing that the dispute between them concerning the registration of an Internet domain name arbitration proceeding shall be settled in accordance with the procedure of the Centre for Conciliation and Arbitration, International Court of Arbitration for Mercosur, the Stock Exchange Uruguay, such disputes shall be resolved in accordance with this Regulation, subject to such modification as the parties by agreement may be made in writing and accepted by the Centre.
2) These Rules shall govern the arbitration except in cases any of its rules is in conflict with a rule of public law applicable to arbitration, in which case the latter shall govern.
3) If the vacuum of the rules of this Regulation and the Rules of Arbitration and Conciliation Center Arbitration, International Court of Arbitration for Mercosur, the Stock Exchange of Uruguay, the rules of procedural law applicable to arbitration.
4) The provisions of these Regulations and the Arbitration Rules of Conciliation and Arbitration Center , Court of International Arbitration for Mercosur, the Stock Exchange of Uruguay shall, except as otherwise provided, those that are in force on the date the request for arbitration has been received by the Secretariat General of the Centre.
Article 4 . Regime notifications Notifications can be made by letter or written document, return receipt requested, telegram, notarized, facsimile transmission with confirmation of transmission, by electronic mail via the Internet, provided that the availability of record of its transmission, or other written forms of electronic communication. Also be undertaken by any other means of notification which the parties have agreed in the contract, agreed in the arbitration or resolved by the court.
Article 5. Language Unless otherwise agreed by the parties, the language of arbitration shall be Spanish language, unless the arbitral tribunal decides otherwise, in response to comments made by the parties and the circumstances of the arbitration.
Article 6. Number of Arbitrators
1) The arbitral tribunal shall consist of one or three arbitrators, as agreed by the parties.
2) In the event that the parties have not established the number of arbitrators or where no agreement among them on this point, it is understood that the Board shall consist of a sole arbitrator. Notwithstanding this, the Centre may appoint a greater number of arbitrators, given the complexity and circumstances of the arbitration.
Article 7. Appointment of sole arbitrator tribunal
1) Where the court is composed of a sole arbitrator, the same shall be appointed by agreement between the parties from a list of arbitrators that make up the Body of Arbitrators Domain Name Center.
2) In the event that, at the hearing referred to in article 13 of the present, not there is agreement between the parties to the sole arbitrator, the same shall be appointed by the Centre.
Article 8. Appointment of arbitral tribunal collegiate
1) Where the arbitral tribunal is composed of three arbitrators, each party shall appoint one arbitrator, which should not necessarily be removed from the list of arbitrators that make up the Body of Arbitrators Domain Name Center. The arbitrator shall be appointed by each party at the hearing referred to in article 13.
2) If a party fails to make the designation of the arbitrator in the hearing mentioned above, the same shall be appointed by the Centre.
3) In the case of court composed of three arbitrators, the arbitrators appointed by each of the parties or failing Center-designate, in turn, the third arbitrator, who shall preside over the tribunal. The third arbitrator shall be chosen from a list of arbitrators that make up the Body Domain Name Arbitration Center at the hearing referred to in Article 13 or, later, if appointed by the Centre in the case had not made by the parties.
4) If there is no agreement between the arbitrators appointed by the parties to the chair of the tribunal, the appointments shall be made by the Centre.
Article 9. Criteria for designation for the purposes of the appointment of arbitrators The Centre will consider the independence, impartiality and expertise of the members of the Arbitration Body Center, selecting Corps Domain Name Arbitration.
Article 10 . How the court will rule for the procedure not covered by this Regulation the provisions of paragraph 1 of Article 14 of the Arbitration Rules of Conciliation and Arbitration Centre, International Court of Arbitration for Mercosur, the Stock Exchange of Uruguay.
Article 11 . procedure for challenging an arbitrator procedure for challenging an arbitrator will the provisions of Article 485 of the General Code of Procedure.
Article 12 . Notice of Arbitration
1) The party initiating recourse to arbitration (hereinafter called "the claimant") shall notify the Secretary General of the Centre and the other party (in hereinafter called "the respondent").
2) shall be deemed to arbitration begins on the date on which the notice of arbitration is received by the Secretariat General of the Centre.
3) The notice of arbitration shall include the following information:
a. Request that the dispute be referred to arbitration;
b. Name, address and email, and telephone numbers and facsimile of the parties;
c. Reference to the arbitration clause of the technical instructions or separate arbitration agreement that is invoked;
d. Reference to the event, act or contract out of which the case or which the dispute arises;
e. Specify the name or domain names cpr144449003101 that are the subject of the complaint;
f. Proposal on the number of arbitrators when the parties have not previously agreed thereon.
Article 13 . Award of arbitration
1) Upon receipt of the notice of arbitration, the Center will call the complainant and the respondent to give the arbitration agreement at a hearing to be held under the chairmanship of the Secretary General of the Centre within a maximum a fortnight.
2) At the hearing, the arbitration shall be granted, in deed, to the Clerk of the Centre, which will contain:
a. Grant date and name of the grantors, postal and e-mail and the telephone and facsimile numbers of the parties;
b. Name of the arbitrators, if the designation of them had not been made in the arbitration clause. If there is no agreement on the appointment of arbitrators, the procedure as provided in paragraph 2 of Article 7 and paragraph 3 of Article 8 of this Regulation;
c. Points on which the award should lie. If no agreement of parties on this issue, each of them will come up points and they will all be subject to arbitration;
d. Name or domain names that are the subject of the complaint;
e. Arbitration. If nothing is said about the matter, apply the provisions of this Regulation and the Rules of Arbitration of the Center of Conciliation and Arbitration, International Court of Arbitration for Mercosur, the Stock Exchange of Uruguay, the latter with the scope given by section 1 of this Regulation;
f. The mention of whether the arbitration is in law or in equity. If nothing saith, the arbitrators fail in equity.
g. Laudar Deadline, subject to the provisions of paragraphs 3 and 4 of Article 15 of this Regulation.
3) The parties may submit at the hearing, jointly signed an arbitration agreement in a public document containing the provisions set forth in the preceding paragraph.
4) If a party do not attend the hearing scheduled or refuse to grant the arbitration, the claimant shall be free to promote common justice to the granting of the arbitration.
Article 14 . demand arbitration
1) In case of pointless attempt at conciliation, the applicant must submit the application before the tribunal in print and in electronic form (except to the extent that is not available for annexes) within ten calendar days as from the audience futile attempt at conciliation.
2) The application shall contain the following information:
a. Name, address and e-mail and the telephone and facsimile numbers of each of the parties;
b. Accurate account of the facts, determine the points at issue and invocation of the law on which the claim is based, in particular:
i) the name or domain names that are the subject of the complaint;
ii) identification of the registrar to which you have registered the domain name or names at the time of submitting the application;
iii) a description of the reasons on which the claim is based, including in particular:
- the way the name or domain names are identical or similar to the point of creating confusion with a trademark or service on which the complainant has rights;
- the reasons why you should consider that the Respondent (domain name holder) has no rights or legitimate interests in the domain name or names of the application object, and
- the reasons why you should consider that the name or names domain has been registered and used in bad faith. - and any other element deemed of interest.
c. Offer of the relevant evidence in accordance with paragraph 3;
d. Signature of applicant or its representative.
If demand does not meet the formal requirements, they must be corrected by the applicant within the time specified by the court.
3) The applicant shall accompany the application the documents proving the personality invoked, all the documentary evidence try to enforce and is in his power, and also indicate the name and address of the witness and succinct view of the testimony, as well as other means of proof that will take care of themselves and filling out request.
4) Only may be proposed later clearly supervening evidence or new facts relating to or mentioned by the other party to answer the complaint or counterclaim.
5) In the application and accompanying documents, as well as any other document or writing that this by either party during the arbitration proceedings shall be attached as many copies as people have to be notified and the arbitral tribunal shall have and copy to the Secretariat General of the Centre.
Article 15 . Answering the demand
1) Once notified The defendant must answer in print and in electronic form (except to the extent that is not available for annexes) demand within fifteen calendar days.
2) The reply brief shall observe the same requirements of form specified for the application, to the extent that applicable.
3) The defendant must act strongly on the accuracy of the facts alleged in the complaint and the authenticity of the documents to which it is accompanied whose authenticity HAVE whatever you attributed. In particular, it must include all the reasons why the Respondent (domain name holder) to retain registration and use of the domain name in dispute. His silence and ambiguous or evasive answers will be taken as an admission of those facts and the authenticity of the documents.
4) In answering the complaint, the defendant must prove, being applicable to the same rules that regulate the production of evidence by the applicant.
Article 16. Citation to laudar
1) After completion of filling out the test, the arbitral tribunal shall declare the proceedings closed and summon the parties to hear the award to be issued.
2) If the court deems it necessary , acting ex officio or upon request, may reopen the proceedings, at any time before the award was rendered.
3) The award shall be rendered within the period prescribed in the arbitration agreement or, failing that, within sixty days from receipt of the complaint, unless the parties or the Centre, the latter for valid reason, may agree to suspend the proceedings.
4) The Centre may agree, for reasons duly substantiated, an extension of time to laudar.
5) The court arbitral award must notify the Center and the registrar within twenty-four hours of dictation.