A mediation procedure initiated by the AFNIC[1] came into effect on July 3rd, 2023[2], to facilitate the resolution of disputes related to domain names. This procedure, which is free of charge[3], confidential, and fast, reserves the publication of decisions resulting from the PARL[4] for cases where the parties do not agree.
Words of context can help understanding the rationale behind this new tool, before presenting its process and practical implications.
Context
Between 2012 and 2022, the SYRELI procedure saw an increase of over 75% in notified decisions. In 8% of cases, the domain holder spontaneously agreed to the requested measure, and in 25% of cases, holders defended themselves with reasoned arguments against the requester’s demand.
This amounts to around 700 decisions since the SYRELI procedure’s introduction in 2011. The AFNIC mediation procedure deals with these two situations, whereby the holder responds.
Furthermore, the new procedure could have significant impact on holders who did not respond to a claim within the framework of a PARL and who might be inclined to do so within the scope of this new mediation procedure. This would enable AFNIC to reduce the volume of PARL cases.
It’s worth noting that other registries have also implemented a similar procedure, such as Nominet, the registry in charge of the .UK extension, within the Dispute Resolution Service (DRS) procedure, since 2001.
Process
The mediation procedure[5] is voluntary and free of charge. Taking place prior to a PARL procedure (SYRELI or PARL EXPERT), it applies to rights holders and holders who find themselves in a communication deadlock or dispute with the other party.
The .fr extension as well as overseas territories managed by AFNIC are included, namely .re, .pm, .yt, .tf, and .wf. The procedure is conducted in French, though the Mediator may, at its sole discretion, consider documents in another language with or without translation.
Two specific deadlines should be highlighted:
- An initial 7-day period for the Mediator to obtain consent from the other party for mediation. In the absence of a response or in case of refusal from the other party, the procedure is terminated;
- Starting from the date of mediation initiation, a 7-day period is outlined to find a negotiated solution during which a mediator from AFNIC oversees the process. Throughout the procedure, the domain name is not subject to any suspension of operations[6] or blockage[7] by the AFNIC.
Practical Implications
This initiative in the fight against Internet abuse is praiseworthy. It offers a cost-effective and faster process than the PARL, while providing guidance by the mediator in an attempt to reach an agreement protocol. Having a hold on the solution offered by this procedure and the confidentiality of discussions are also appreciated.
However, the 7-day period to obtain parties’ consent can be seen as rather ambitious in practical terms. Following a failed mediation request, the requester cannot reapply for mediation and must initiate a PARL.
SafeBrands is available to assist you with any queries you may have regarding this new procedure.
[1] Stands for “Association Française pour le Nommage Internet en Coopération » which translates into the French Network Information Centre.
[2] https://www.afnic.fr/en/observatory-and-resources/news/the-fight-against-abuse-afnic-opens-a-free-mediation-procedure
[3] Excluding fees for representation and costs for the provision of exhibits and means of communication.
[4] Stands for « procédures alternatives de résolutions de litiges » which designates alternative dispute resolution procedures.
[5] https://www.afnic.fr/wp-media/uploads/2023/05/afnic-mediation-rules-2023-07-03.pdf
[6] Prevents any change to a domain name, but does not affect the functioning of the domain name (access to the
website, email addresses, etc.).
[7] Blockage prevents any pending domain operations and renders the domain name inoperative (web usage and email addresses).