CONTROVERSY SOLUTION

There are different forms to settle any kind of conflict or dispute that might arise between the parties in the issue of domain names, i.e., the administrative way, the judicial way and arbitration.

The administrative proceeding is the most common and it is implemented via conciliation between the parties, whether national or foreign. These conciliation proceedings are aimed at the amicable settlement of the dispute involved, so that an agreement between the parties involved with the issue under dispute is achieved. The said conciliation shall be made with the participation of the Center of Information of the Network (CubaNIC) as a mediator.

The judicial way shall be applied if regardless of conciliation between the parties -whether national or foreign- a voluntary agreement between them is not reached, with the consequent continuation of the dispute. In these cases, the Court shall be the competent authority to give a solution to the said litigation.

Arbitration shall be established by WIPO (World Intellectual Property Organization) and it may be applied between the parties when none of them is national. If there is a national party involved in the dispute, the solution shall be found through the application of any of the two first ways above mentioned. Therefore, the foreign parties involved in a dispute of this type shall have the possibility to settle it through a request made to WIPO´s Center of Mediation and Arbitration.

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