What are the alternative dispute resolution options for domains?
The Scientific Association of Council of Hungarian Internet Service Providers also allows for alternative out-of-court settlement of disputes related to individual domains (in particular their application, registration, use), which is provided by the Alternative Dispute Resolution Forum (ADRF).
The Alternative Dispute Resolution Forum is an organisation operating within the framework of the Association, which provides alternative dispute resolution services in accordance with the Domain Registration Policy, the Dispute Resolution Rules of Procedure, the ADRF Rules of Procedure, and the specific substantive and procedural rules, in the framework of procedure of the Domain and Registration decision maker.
In dispute resolution proceedings, decisions are made by arbitrators independent of the Association, the Registry and the Registrars.
The high quality and predictable operation of the ADRF is supported by a Legal Advisory Committee, composed of experts with experience in domain disputes, which is also empowered to issue a statement of principles to promote uniform decision-making practice.
Cases of alternative dispute resolution:
- Complaints regarding domains that have not yet been delegated and conditionally granted for use will be investigated under the procedure of the Domain Decision Maker.
- If the Domain Applicant’s application is rejected by the Registry, the Domain Applicant may initiate a procedure of the domain decision maker.
- In the event of a complaint against a domain that has already been registered, a procedure of the Registration Decision Maker will be launched.
- Infringing content published under delegated domains can be referred to the Internet Hotline under the auspices of the National Communications and Media Authority (NMHH), which can also refer to the Hotline Decision Making Forum.
Dispute resolution is carried out electronically through the Integrated Complaints Handling System (EPR).
It is also possible to submit a complaint about the activities of any Registrar, the Registry or the ADRF through the EPR. Please note that a complaint against the Alternative Dispute Resolution Forum does not constitute an appeal against the decision of the ADRF.
What can I do if I have found a domain name on the classifieds page that I think infringes my legitimate interests?
The Registry publishes the list of domain names made available for temporary use on this page. If you believe that the use of a domain by a particular Applicant infringes your legitimate interest (e.g. you own the right to use the name, your brand name, etc.), you may request the Alternative Dispute Resolution Forum procedure of the Domain Decision Maker via the Integrated Complaints Handling System within 8 days of the publication.
What can I do if the Registry has rejected my domain application?
In the event that the domain applicant’s application is rejected by the Registry, the applicant may submit a complaint to the Alternative Dispute Resolution Forum through the Integrated Complaints Handling System. Please note, that the language of the Alternative Dispute Resolution Forum (ADRF) is Hungarian, and submissions to the proceedings by either the Complainant or the Complainee can only be made in Hungarian.
What can I do if a domain has been transferred without my knowledge?
A registrant may discover that the domain they are using has been transferred against their will. In this case, the Domain Registration Policy, point 7.2.5, state that:
” If, following a transfer, the former Domain Registrant claims that the transfer was made without his/her consent, he/she shall have 30 days to lodge a complaint with the Integrated Complaints Handling System and reclaim his/her right to use the domain. In the Procedure, the Registry will request the new Registrant to submit relevant evidence of the legality of the transfer within 5 days and will register a transfer ban on the domain until the end of the procedure. The Registry will decide within 10 days on the affiliation of the domain.”
After the Registry’s decision, the former or the new Registrant may request the Registry to carry out the procedure of the Registration Decision Maker pursuant to Section 10.6 of the Policy within 30 days. During the period of the alternative dispute resolution procedure, the transfer restriction registered for the domain shall be extended.”
Therefore, if you find that a domain you are using has been transferred against your will, you should submit your complaint on this page (see point 4).
What can I do if I have the naming rights to an already registered (not only conditionally) domain name?
You can lodge a complaint against an already registered (i.e. not only temporarily used) domain to the Alternative Dispute Resolution Forum through the Integrated Complaints Handling System, which will examine your submission in the framework of the procedure of the Registration Decision Maker. Complaints may be lodged by anyone who has a right to use the name in question, and may also request the domain name to be revoked from the registrant or transferred to the Complainant.
What can I do if someone has complained about the domain I want to register?
If the requested domain name has been conditionally used, a complaint against the delegation may be lodged within 8 days of the announcement of the delegation. If someone complains, they obviously believe that our use of their name is against their legitimate interests. Such a complaint will be notified by the Alternative Dispute Resolution Forum (ADRF) from 1st of January 2023.
If someone complains, they believe that our use of their name is against their legitimate interests.
It’s also a good idea to act wisely, because if you don’t react, the domain will be deleted by Registry within 8 days. You can do one of two things: either cancel the domain application (so you don’t have to pay a procedural fee because the procedure is not started) or undertake the procedure. The latter, in which case you have to pay the procedural fee, which is at least HUF 60,000 + VAT and we will be entitled to file a reply within 8 days of the date of receipt of the complaint.
At that point, the procedure of the Domain Decision Maker is carried out. At the end of the procedure, the ADRF will refund the procedure fee to the winner.
Complaint and justification in a foreign language
What is the practice in cases where the domain complained of belongs to a foreign applicant? Can the Complainee submit its justification of reasons and response in a foreign language?
The language of the Alternative Dispute Resolution Forum (ADRF) is Hungarian, and submissions to the proceedings by either the Complainant or the Complainee can only be made in Hungarian.
If an annex is in a foreign language, a simple translation must also be attached – failure to do so may result in the evidence being disregarded.
What should I do if I find illegal content on a website?
We can be contacted in case of illegal (or suspected) content:
- to the person who posted the content;
- to whoever provides the hosting to the content publisher;
- the Internet Hotline of the National Communications and Media Authority (NMHH).
The Internet Hotline takes its actions independently from the Registry and Registrars, if necessary referring to the Hotline Decision Making Forum for domain suspension and blocking.