INTRODUCTION
 

The Arbitration Regulations as applicable to Domain Names in the Internet follow the rules contained in the General Procedural Code (“CGP”) of the Republic of Uruguay.

This Code sets forth that the parties may refer to arbitration any individual or collective controversy, except as otherwise expressly provided for in the law.  The Code adds that the law recognizes the awards issued by the arbitrators, whether appointed by the parties or by a court, as well as those issued by arbitration courts appointed by the arbitration chambers to which the parties have agreed to be subject.

Arbitration as an alternative means to settle controversies is a discretional power of the parties.  An issue may only be referred to arbitration if the parties to a controversy have thus expressly agreed upon.  In this sense, it is worth noting that the insertion of an arbitration clause implies waiving the right to allege before an ordinary court the pretensions therein included, which will rather be subject to the decision of the arbitrators (Section 475, CGP).

Arbitration Regulations contemplate arbitration in connection with Domain Names in the Internet, as this procedure may help solve any controversies arising in this field in a fast, reliable, and cost-effective manner.

The Regulations in force set forth that if the parties have not otherwise agreed upon, the award must, in principle, be issued within 60 days following the receipt of the request for arbitration.  Please note that that this is a very short term to find a final settlement to a controversy.  In addition, it should be noted that the award is considered to be final.  The award may not be subject to further instances, as it would be the case in the Judiciary, except for a motion for nullity, which may only be filed against an award under four precisely defined events (Section 499, CGP).

The procedure is also fully reliable, since the parties may themselves choose experts in the field of Domain Names in the Internet to settle their controversy.  In other words, the arbitrators are fully able, from both a moral and a technical standpoint, to solve any issue subject to their decision.

The cost-effectiveness of arbitration is associated to the short duration of the procedure and to the applicable fees, whose level has been chosen to be reasonable, so that they may not become a barrier preventing access to an extremely effective way to settle controversies.

For purposes of facilitating the understanding of the arbitration procedure as included in these Regulations, please note that the procedure involves the following pattern:

1. Request for arbitration.  Notice to the other party and to the General Secretary of the Center for Reconciliation and Arbitration.
2. A hearing within 15 days following the receipt of the request for arbitration, to execute the arbitration agreement.
3. A reconciliation hearing.
4. An arbitration claim, which must be filed within ten calendar days following an unsuccessful reconciliation hearing.
5. A reply to the claim, which must be filed within 15 calendar days following notice of the claim.
6. Summons to issue the award.
7. Award.  The award must be issued within the term indicated by the parties or, in the absence of such indication, within 60 days following receipt of the arbitration claim, provided however that the parties, or the Center in a grounded resolution, may agree to suspend the procedure.