Arbitration process examined

Previously, users of the .za domain space whose trademark or brand was infringed could only go to the courts to settle the matter. The new rules allow for a far faster and less costly arbitration process. In addition, Petzer notes that the adjudicator of a domain dispute is required under the rules to consider and be guided by previous decisions made in terms of these regulations. This is noteworthy, he writes, as it reinforces the principle of precedent setting and should provide more legal certainty in the resolution of such disputes. Read Nigel Petzer’s full article on the eLaw & Management site