Alternative dispute resolution for .no
On October 1st 2003 regulations for the .no domain were modified to include a new dispute resolution body. In addition to processing complaints against against Norid's decisions, the dispute resolution body can among other things process complaints where the use of a domain name infringes on the rights of a third party. In the past, cases like this have been referred to the Norwegian legal system. This new arrangement applies to domains registered after October 1st 2003.
The dispute resolution body can process different types of domain disputes. It can process complaints regarding decisions made by Norid in relation to domain name applications, earlier handled by Norid's appellate body, NOK. In addition, the dispute resolution body can process complaints where the registration of a domain name infringes on the rights of a third party, Norwegian law or wrongly gives the impression to represent public administration or public authority.
These last areas of complaints have until now been handled by the Norwegian legal system. The new arrangement gives the parties a possibility to try their case before the dispute resolution body without burdening the legal system. Nevertheless, a decision made by the Board can be appealed to and tried at Court.
The dispute resolution body should work as its own liable agency, independent from Norid. Complaints are sent through Norid, who will make sure the dispute resolution body gets access to information and documentation necessary to process the case. Norid has to comply with the dispute resolution body's decisions.
The new arrangement takes effect after a process which involved clarification on how to divide responsibility between the authorities and Norid as a registry for the .no domain. On August 1st the Government passed a new regulation which states that the registry should still be run as a private legal entity, but the authorities should ensure that the service is run in a way which serves the Norwegian internet community.
For more information:
- Prinsiples of the new Appeal Board
- The proposed rules and procedures
- The preliminaries to the Domain name regulation (only in Norwegian)