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Electronic Communications and Transactions Act, 2002 (Act No. 25 of 2002)

Alternative Dispute Resolution Regulations

Chapter II : Alternative Dispute Resolution Rules

11. Appeal, availability of Court proceedings, implementation of decision and repeat disputes

 

 

1) Nothing done in terms of these Regulations prevents any party from litigating on any related matter in the High Court of the Republic of South Africa.

 

2) If an adjudicator decides that a disputed domain name should be transferred to the complainant, the provider must communicate the decision to the second level domain administrator to be implemented as contemplated by regulation 30(4).

 

3) A second level domain administrator must implement the decision, as contemplated by regulation 30, unless it has come to the second level domain administrator’s attention, by way of notice of motion or summons citing the second level domain administrator as a party, that either party has commenced legal action in the High Court of the Republic of South Africa concerning the domain name.

 

4) If the second level domain administrator learns that legal action has commenced, it may not implement the adjudicator’s decision, and the second level domain administrator must not take further action until it receives -
a) proof of a resolution or settlement between the parties;
b) proof that the lawsuit has been dismissed or withdrawn; or
c) a copy of a Court order.

 

5) If a dispute has been decided on a previous occasion it will not, subject to sub-regulation (6), be reconsidered by an adjudicator and if the adjudicator finds that the dispute is a resubmission of an earlier dispute, he or she shall reject the dispute without a consideration of its merits.

 

6) In determining whether a dispute is a resubmission of an earlier dispute, or contains a material difference that justifies a re-hearing, the adjudicator shall consider the question whether–
a) the complainant, the registrant and the domain name in issue are the same as in the earlier case;
b) the substance of the dispute relates to acts that occurred prior to or subsequent to the close of submissions in the earlier case;
c) if the substance of the dispute relates to acts that occurred prior to the close of submissions in the earlier case, any exceptional grounds for the re-hearing or reconsideration exist, without affecting the integrity of the alternative dispute resolution process;
d) if the substance of the dispute relates to acts that occurred subsequent to the close of submissions in the earlier dispute, the acts on which the re-filed dispute are based are not, in substance, the same as the acts on which the previous dispute were based.

 

7) Subject to regulation 32, either party may appeal a decision under these Regulations.

 

8) An appeal panel shall consider appeals on the basis of a full review of the matter and may review procedural matters.

 

9) The Authority may refer questions of interpretation of these Regulations to the appeal panel: Provided that a decision rendered as a result of the Authority’s referral will not affect any previous decision made in terms of these Regulations.

 

10) The Authority shall publish decisions of the appeal panel on its website.