ZARC

Domain Name Dispute Resolution

ZARC is required to maintain an independent stance as the designated Registry Operator for the ZA-managed Second Level Domain Names (ZA SLDs) and to this end has published a Complaints Policy, Version 001 dated 1 October 2022 that sets out those matters that it will investigate and those matters that fall outside of its scope of authority. 

 

Sections 3.3.5 and 3.3.6 are instructive here as these represent classic instances when a third party may have to lodge a dispute using the various mechanisms available to it. Practically, a domain name could be stolen or unlawfully transferred or registered with the intent to violate a domain name holder’s registered and/or unregistered intellectual property rights. Complainants have a choice in terms of how they would want to resolve their disputes, always being informed by the nature of the dispute and the remedy that they are seeking.

ZADNA-Managed Mediation

 

In November 2018 the .ZA ADR Regulations were amended authorising ZADNA to provide free and voluntary mediation services to resolve domain name dispute matters. This intervention was aimed at making the domain name dispute resolution process easily accessible and less burdensome on the disputing parties in terms of time and money. For more information on this process please contact: (insert contact info here).

 

Alternate Dispute Resolution (ADR) Through Arbitration 

 

The revised Alternative Dispute Resolution Regulations published in November 2017 under Notice No. 1246, Gazetted 412237 provides complainants with the ability to declare a domain name dispute through arbitration proceedings. In terms of the ADR Regulations, the .ZA Domain Name Authority (ZADNA) is mandated to accredit suitable service providers to provide ADR services, and to receive fees from the providers for each resolved dispute.

 

There are currently two ADR service providers:

 

South African Institute of Intellectual Property Law (SAIIPL)

www.domaindisputes.co.za

 

The South African Institute of Intellectual Property Law (SAIIPL) is accredited as a dispute resolution provider in terms of the .za Alternate Dispute Resolution Regulations.

 

SAIIPL was established in 1954 and represents over 140 patent attorneys, patent agents, trade mark practitioners and academics in South Africa who specialise in the field of Intellectual Property Law. SAIIPL has a large panel of independent and experienced adjudicators, taken from the most experienced practising attorneys, advocates and academics in the field, to determine disputes lodged with it.

 

Arbitration Foundation of Southern Africa (AFSA)

www.arbitration.co.za

 

AFSA's also provides arbitration services for domain name disputes. AFSA continues to forge a strong path with respect to the administration of .co.za domain name disputes to its broad programme of activities.

 

AFSA's extensive list of panellists appointed to adjudicate these disputes include Senior and Junior Counsel with wide-ranging experience in the intellectual property and information technology fields. This means AFSA can provide suitable arbitrators for any .co.za domain name dispute, no matter the complexity.

 

* Note that nothing stops a complainant from approaching a South African Court of competent jurisdiction to seek urgent or other relief pertaining to a domain name dispute matter.

 

Last update: 23-02-2023 08:07:42