Domain Dispute Resolution
Smart Servers PTY LTD is unable to assist with disputes which may arise with regard to ownership of domain names.
The Minister of Communications promulgated ADR Regulations. This process has been conducted in close consultation with the .za Domain Name Authority (zaDNA) and UniForum SA
The ADR Regulations are currently only applicable to all CO.ZA domain names.
What purpose do they serve?
The ADR Regulations are intended to provide legitimate right holders with an efficient and cost effective means of protecting their rights. It seeks to balance this protection against the rights of the current domain name Registrants, making provision for such issues such as reverse hijacking.
How does this affect a domain registrant?
It is vitally important that you check and confirm that your domain name contact details are accurate and complete. Not only is this necessary for you to receive important notices, such as invoices and suspension notices, it is also important because any notification of a Dispute will be sent to your listed email addresses. Should you fail to receive these important notices, you could lose your domain name.
How is a dispute submitted?
A dispute needs to be submitted to an Accredited ADR Provider. These organisations are accredited by the .za Domain Name Authority (ZADNA), and the exact process may vary from provider to provider. Exact procedures can be obtained from each provider.
Who are the accredited dispute resolution providers?
Currently two providers have been accredited by ZADNA, namely:The Arbitration Foundation of South Africa (AFSA) - www.arbitration.co.za The South African Institute of Intellectual Property Law (SAIIPL) - www.domaindisputes.co.za
Will I need a lawyer to assist me?
No.It should be possible for the layman to lodge and/or defend a dispute. Legal representation may, however, be beneficial.