Afnic Guide to ADR Trends 2021

“ADR Trends” constitutes a reference document on Afnic’s two alternative dispute resolution procedures: SYRELI and Expert ADR. It is structured around four broad themes – a news item on ADR procedures, how to put a good case together, grounds for claims, and useful definitions – and illustrates each of the key figures, offers complementary information and points towards reference rulings, available on the search engine of each platform

Since the launch of the procedure in November 2011, the Syreli College has handed down 1,783 rulings. For 62% of the claims, the College agreed to the measure requested, of which 90% were requests for transfer of a domain name and 10% were requests for deletion of a domain name.

The Expert ADR procedure was launched on 22 March 2016, since when 42 rulings have been handed down. For 86% of the claims, the College agreed to the measure requested, of which 94% were requests for transfer of a domain name and 6% were requests for deletion of a domain name.

The “ADR Trends” guide is an indispensable tool for a proper understanding of Afnic’s alternative dispute resolution procedures. It details each step of the analysis of the claim: completeness of the submission, admissibility of the claim and of the documents, in which cases a Claimant has standing and is eligible, etc.

The guide also details the legal grounds granting access to the procedures, focusing in turn on each paragraph of Article L.45-2 of the Post and Electronic Communications Code:

• For a request based on Article L.45-2 paragraph 1, evidence of the domain name’s offending public order or morality or infringing rights guaranteed by the Constitution or by the law;
• For a request based on Article L.45-2 paragraph 2, evidence of the existence of intellectual property or personality rights prior to the disputed domain name;
• For a request based on Article L.45-2 paragraph 3, evidence of a similarity between the disputed domain name and that of the French Republic, a local or regional authority, a grouping of such authorities, a national or local public institution or service pre-dating the right invoked.