The extrajuridical conflict resolution system for ".es" domain names, established by the public business entity Red.es, is based on generally accepted international practices, and the recommendations issued by international entities and organisations that carry out activities related to managing the Internet domain names system.
 
You must have initial rights to a ".es" domain name that has already been assigned to use this system, pursuant to the Regulations for the Extrajudicial Conflict Resolution Procedure, approved on 7 November 2005.
 
  • Why the ".es" domain name is identical or similar to the point of causing confusion with another term to which the Plaintiff claims to have Initial Rights; and
  • Why it must be considered that the Defendant does not have rights to or legitimate interests in the domain name or names being claimed; and
  • Why it must be considered that the domain name has been registered or is being used in bad faith.
In any case, the claim must be initiated before an Extrajudicial conflict resolution provider accredited with the Public Business Entity Red.es, pursuant to article 13 of the Regulations for the Extrajudicial Conflict Resolution Procedure.
 
In the extrajuridical conflict resolution system for ".es" domain names, there are several roles which you should be familiar with:
  • Business public entity Red.es: in this case, its duties are basically to ensure fulfilment of the obligations of the Providers and to execute the resolutions established by the expert.
  • Provider: non-profit making organisation that manages claims, ensuring that they are processed pursuant to the Regulations, appointing the impartial and independent Expert.
  • Parties: the plaintiff is an individual or organisation the makes the claim before the provider against the defendant, who is the owner of the ".es" domain name that causes the conflict.
  • Expert: a professional, with certified experience in extrajudicial conflict resolution, who resolves the dispute with maximum efficiency and independence, taking into account the content of the claim and the response to it.
The extrajudicial conflict resolution procedure may not be initiated when a cancellation procedure is open for the ".es" domain name. The judicial option is always available to the Parties, regardless of the status of the claim.
 
The fee established by the providers of extrajudicial conflict resolution for ".es" domain names is €1,400.
 
To resolve the claim, the expert takes into account the statements and documents submitted by the parties.
 
The expert, in an average period of 2 MONTHS from the date the claim is made, shall issue a justified resolution, which must be consistent with the demands of the claim and may not contain decisions on matters beyond the scope of the claim.
 
Pursuant to article 13 of the instruction regulating the CRP, the plaintiff must indicate their demands in the claim; that is, transfer of the domain name to the plaintiff or the cancellation of the same.
To this end, the expert may issue the following resolutions:
 
  • Claim Accepted
    In this case, the expert may decide to:
    1. Transfer the domain name to the plaintiff. In this case, following the maximum period of one month from notification of the decision to the parties and Red.es, the plaintiff must send a transfer request to transmisionDRP@dominios.es. Once this request has been received, the domain name is transferred to the plaintiff.

      Transfer request in compliance with the resolution issued in the extrajudicial conflict resolution procedure:

    2. Cancel the domain name, making it available for free assignment. If the plaintiff has not indicated in the claim that the disputed domain name is to be transferred.
 
  • Claim Rejected. In this case, the expert decides in favour of the defendant, so the domain name continues to be assigned to the former owner.
If during the 30-day period either of the parties notifies Red.es by means of a certified document that legal proceedings have been opened before the pertinent court, Red.es shall suspend the execution of the decision until notified of the outcome of said legal proceedings, unless the judicial body decides otherwise.

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Extrajudicial conflict resolution providers for ".es" domain names are entities accredited by the public business entity Red.es, with sufficient experience in extrajudicial conflict resolution and defence of industrial and intellectual property, which guarantees impartiality and independence in processing the claims and in appointing the expert to resolve the conflict.
 
Based on proportional, objective, transparent and non-discriminatory conditions, the extrajudicial conflict resolution providers selected by the public business entity Red.es are the following:
The Experts who will resolve the disputes over ".es" domain names are highly qualified and experienced in extrajudicial conflict resolution for domain names, offering maximum guarantees in the resolution of the dispute.
 
The mechanisms established in the Regulations for the Extrajudicial Conflict Resolution Procedure guarantee the impartiality and independence of the expert. In any case, both the plaintiff and the defendant may request the substitution of the expert, when they believe that the latter is not acting impartially or independently on the claim.
In fulfilment of that setforth Article 22 of the regulation that governs the procedure of Extra Judicial Resolution for Disputes for domain names of country code Spain ".es", the Assignment Authority publishes in this section all the resolutions given by experts in said procedures.
 
Here you can consult the list of resolutions announced by experts to date:

A-D | E-G | H-P | Q-Z