WIPO Resumes UA-DRP Proceedings

On July 1, 2023, the WIPO Arbitration and Mediation Center resumed its domain name dispute resolution services under the .UA Domain-Name Dispute-Resolution Policy (UA-DRP) with certain adjustments in view of the martial law in Ukraine, currently in force until August 18, 2023.

Following its consultations with Ukrainian .UA domain operator Hostmaster, WIPO had suspended UA-DRP proceedings on April 27, 2022 due to the war and the resulting difficulties for Ukrainian registrars and parties to participate in arbitration proceedings.

The UA-DRP proceedings have been resumed with the following adjustments:

Extension of Terms

• The deadline for Ukrainian registrars to submit information about the respondent once they receive a verification request from the WIPO Center may be extended up to 14 calendar days, in addition to two business days. The deadline for confirming domain name blocking cannot be extended.

• The deadline for respondents to file their response may be extended up to 14 calendar days, in addition to 20 calendar days.

• The deadline for respondents to file a court action in a Ukrainian court against the implementation of a decision may be extended up to 14 calendar days, in addition to 10 business days.

Administrative Proceedings

• For administrative proceedings to commence, all factual circumstances must be taken into account, including the respondent’s location and last known address and the location of the Ukrainian registrar. Depending on the circumstances, Hostmaster may instruct the WIPO Center not to initiate proceedings.

• The Ukrainian registrar should provide all available information about the respondent, including their place of residence or location, as long as this disclosure does not contradict the applicable legislation on personal data protection.

• After considering the facts of the case and the principle of balance of probabilities, the Administrative Panel may, on its own initiative, suspend the proceedings if it concludes that the respondent is unable to defend themselves, and if it is objectively impossible to consider the dispute without the respondent’s participation.

Hostmaster’s decision to resume UA-DRP proceedings with the above-mentioned adjustments will remain in force as long as martial law continues and for 90 days following its termination.

Prepared by: Igor Alfiorov

For more information, please contact ukraine@petosevic.com.

Sources: WIPO website, Hostmaster website