Alternatif Dispute Regulations

1.The alternative procedure for disputes about .be domain names is a specific procedure when there is a dispute between the parties about a website domain name.

It is an interesting procedure because it is very fast, it is completely written and the costs are relatively low.

Any interested party can initiate proceedings at CEPANI (Center for Arbitration and Conciliation).

Third parties can also file a complaint against a .be domain name holder, but two conditions must be met for this. For example, the complaint must comply with the formal conditions and an amount of € 1,750 must be paid to CEPANI.

2. Once the complaint has been lodged, the domain name holder will be notified within 7 days. He then has 21 days to reply, after which the mediator will be appointed at the latest 7 days later and the decision will be announced by CEPANI another 14 days later.

After initiation, an independent third party (legal expert in the matter) will assess the dispute. The latter can decide to delete the disputed domain name or to transfer it to the complainant. The holder of the disputed domain name has the opportunity to respond once to the arguments of the complainant.

3. A domain name can be transferred if you can demonstrate that (1) the domain name is identical to or has great similarities with a brand, trade name, corporate name or company name, geographical indication, personal name or name of a geographical entity of the complainant, (2) the domain name holder has no legitimate interest in that domain name and (3) the domain name holder acted with the aim of harming or taking an unfair advantage of a third party.

These are cumulative conditions.

The complainant always pays the procedural costs of € 1,750 (excl. VAT) at the start of the procedure.

4. If the Third-Party Decider decides that the complaint is justified, DNS Belgium will refund the total cost to the complainant (who will then recover it from the infringer). Appeal is possible with the ordinary court, but also and then within fifteen days after the decision of the third-party decision-maker and with CEPANI. This is an expiry period and after it has expired, no appeal can be lodged. The procedural costs in appeal are € 4,050.00. The appeal form must meet the formal conditions. In the event of such an appeal procedure, the opposing party has 7 days to respond to the arguments of the opposing party. After that, CEPANI will designate an appeal board of third-party decision-makers that will judge within thirty calendar days of receiving the file. This decision is not subject to appeal.

5. The law of 18 June 2018 recommends general forms of dispute resolution, which the judges themselves should promote and try to reconcile the parties. When this happens with the consent or at the request of the parties, this can happen at any stage of the proceedings. The judge can even impose this if he considers that a reconciliation between the parties is possible, either at the opening session, at an adjourned session or at a hearing at the latest on the last day of the month following the defendant's 1st term of submission. So this can happen against the will of a party, but the party can put it to an end, without this having any adverse consequences for it.

6. In family disputes, the Judge will check at the opening session what the parties have done to resolve amicably or to determine whether this is possible. He can postpone the case for a maximum of 1 month, unabbreviated the parties' agreement. Also there can be a referral to the chamber for an amicable settlement. What is said or written there is covered by the confidentiality guarantee.

7. Collaborative negotiation is a new concept in the judicial code. This can be a phase before a proceeding, with negotiating in a spirit of openness, cooperation and trust and with lawyers recognized for this purpose. (these lawyers can then no longer intervene in case of failure in a procedure).

(revision 13.4.2019).