Arbitrators and costs

The arbitrators in the Alternative Dispute Resolution proceedings make their decisions entirely independently in light of the regulations that apply and the practice that has been developed. All arbitrators are experienced lawyers and knowledgeable in intellectual property rights. They include professors, barristers or IT lawyers and have no tie to IIS. The arbitrators are impartial and, should a conflict of interest arise, they must decline from deliberating on a particular matter.

Arbitrators

  • Per Carlson, President, The Swedish Market Court
  • Jon Dal, Lawyer
  • Bengt Eliasson, Attorney-at-Law
  • Jonas Gulliksson, Attorney-at-Law
  • Peter Hedberg, Lawyer
  • Gunnar Karnell, Professor
  • Tomas Norström, District Court Judge, Stockholm City Court
  • Henry Olsson, former Court of Appeal Division Head
  • Petter Rindforth, Lawyer
  • Jan Rosén, Professor
  • Johan Sjöbeck, Lawyer
  • Monique Wadsted, Attorney-at-law

The costs of an ADR

The cost of an ADR proceeding depends on who applies (private individual or company), the number of arbitrators and how many domain names are disputed.

Cost for a domain name

In a proceeding concerning a domain name, you can choose to use one or three arbitrators. Please see costs in SEK below.

Applicant  One arbitrator  Three arbitrators
Private individual* 4 000 8 000
Micro enterprises* 5 000 10 000
Non-profit organization* 5 000 10 000
Other Swedish legal entity, governments, municipalities* 10 000 20 000
Private individual within EU* 4 000 8 000
Micro enterprises within EU** 4 000 8 000
Other legal entity within EU** 8 000 16 000
Private individual outside EU*** 3 200 6 400
Micro enterprises outside EU*** 4 000 8 000
Other legal entity outside EU*** 8 000 16 000

 

Exemple:

  • The cost for a private individual are SEK 4 000 (one arbitrator), or SEK 8 000 (three arbitrators).
  • The cost for micro enterprises are SEK 5 000 (one arbitrator), or SEK 10 000 (three arbitrators).

A micro enterprise is defined as an enterprise which employs fewer than 10 persons and whose annual turnover and/or annual balance sheet total does not exceed 18 million SEK. Observe that a name of a non-profit organization is not a right that can be invoked, unless the association’s name also is a registered trade name or trademark (or if you have any of the other enumerated rights).

Cost for multiple domain names

If the proceeding concerns multiple domain names where the parties (both the applicant and the counter-party) are the same and if they are supported on the same legal ground, e.g. the same brand name or company name, the matters can be processed together. This may also be done in other cases if it is beneficial to the investigation to combine the processing. The cost can then be reduced as follows.

Applicant 1-5 matters 6-10 matters
One arbitrator Three arbitrators One arbitrator Three arbitrators
Private individual* 4 000 8 000 6 000 12 000
Micro enterprises* 5 000 10 000 7 500 15 000
Non-profit organization* 5 000 10 000 7 500 15 000
Other Swedish legal entity, governments, municipalities * 10 000 20 000 15 000 30 000
Private individual within EU* 4 000 8 000 6 000 12 000
Micro enterprises within EU** 4 000 8 000 6 000 12 000
Other legal entity within EU** 8 000 16 000 12 000 24 000
Private individual outside EU*** 3 200 6 400 4 800 9 600
Micro enterprises outside EU*** 4 000 8 000 6 000 12 000
Other legal entity outside EU*** 8 000 16 000 12 000 24 000

 

Example:

  • When processing 1-5 matters jointly, the cost for a private individual and micro enterprises are SEK 4 000 (one arbirator), or SEK 8 000 (three arbitrators).
  • When processing 6-10 matters jointly, the cost for a private individual and micro enterprises are SEK 6 000 (one arbitrator) or SEK 8 000 (three arbitrators).

The applicant must him/herself point out the reasons why only one fee should be paid.

* Prices include VAT

** Prices for companies with valid VAT number, otherwise add 25 % Swedish VAT

*** Swedish VAT is not included in the fee

Cost for accelerated proceeding

Accelerated proceeding is only applicable if the counterparty does not respond to the ADR application and therefore the applicant must pay the full fee relevant for the number of arbitrators the applicant requires according to the prices stated above. If the counterparty does respond to the ADR application the case is handled as a standard ADR case and the prices for such applies. If the case is handled as accelerated proceeding IIS retains the cost of the ADR Accelerated proceeding, SEK 2 000 (the price is inclusive of VAT for private individuals and exclusive of VAT for legal entities), and reimburses the remaining amount.

Cost for the domain owner that chooses three arbitrators

The domain owner has in the response the possibility to choose whether the application will be reviewed by three arbitrators instead of one (in those cases the applicant has chosen the application to be reviewed by one arbitrator). The three arbitrators will then make a joint decision. All domain owners pay 8 000 SEK excluding VAT if they voluntarily chooos three arbitrators. Information about this is sent to the domain owner with the application.

Payment of the application fee

The fee shall be paid in connection with the application being submitted to IIS. It can either be paid via:

  • bank giro number 5064-9011
  • or by a deposit to IIS’s bank account number with SEB, 5206-10 281 79
  • Iban code: SE1150000000052061028179
  • Swift/Bic code: ESSESESS

Please do not forget to state which domain name the payment pertains. In cases where the registrant/counterparty requests the matter to be reviewed by three arbitrators, the extra fee shall be paid in connection with sending in the response text.

Repayment

Half of the fee that a party has paid for an standard ADR proceeding is repaid if the party wins the case. Costs for any (legal) representation are not reimbursed. In the application fee for ADR SEK 2 000 is an administrative fee that will not be refunded if the application will be withdrawn. If the case is handled as accelerated proceeding IIS retains the cost of the ADR Accelerated proceeding, SEK 2 000, and reimburses the remaining amount after there is a decision in the matter.

IIS subsidizes ADR

IIS has an obligation according to the top-level domain law to provide a process for the resolution of disputes regarding domain names. For this purpose, the Alternative Dispute Resolution Procedure (ADR) for domain names under the top-level domain .se. The fee paid by the applicant and possibly the holder if there is a need for three arbitrators instead of one, is a fee that goes to the arbitrator/arbitrators. In addition to this, IIS reimburses the arbitrators as well as the costs for its own administration. IIS also subsidizes each case that successfully wins by repaying half of the application fee to the applicant.”

Contacts for ADR

If you have further questions regarding ADR, please send an e-mail to arbiter.mail@wipo.int or call +41 22 338 8247.