Q&A: Language of Proceedings and the UDRP

• First, determine the registrar for the domain name using ICANN’s Registration Data Lookup Tool.
• Visit the registrar’s website to find their registration agreement. If the registration agreement is available in multiple languages, contact the registrar to ask about the language of the registration agreement for the domain name.
• If you are unable to determine the language of the registration agreement, you may submit a UDRP complaint in the language of your choosing. You must include arguments to support your request. Read on for further information.

Paragraph 11(a) of the Rules provides that, subject to the discretion of the panel, the language of the proceedings is that of the language of the registration agreement unless the parties agree on a different language.

In the absence of an agreement – and noting that in many cases the registrant does not participate or submit a response, you can submit a UDRP complaint in your preferred language as long as you provide arguments and supporting evidence – whether your request will be accepted is up to the panel.

Evidence to support a request to proceed in your preferred language may include:

• (i) evidence showing that the respondent can understand the language of the complaint,
• (ii) the language/script of the domain name particularly where the same as that of the complainant’s mark,
• (iii) any content on the webpage under the disputed domain name,
• (iv) prior cases involving the respondent in a particular language,
• (v) prior correspondence between the parties,
• (vi) potential unfairness or unwarranted delay in ordering the complainant to translate the complaint,
• (vii) evidence of other respondent-controlled domain names registered, used, or corresponding to a particular language,
• (viii) in cases involving multiple domain names, the use of a particular language agreement for some (but not all) of the disputed domain names,
• (ix) currencies accepted on the webpage under the disputed domain name, or
• (x) other indicia tending to show that it would not be unfair to proceed in a language other than that of the registration agreement (e.g., nationality or residence of the parties).

If a UDRP complaint has been submitted in a language other than the language of the registration agreement, the respondent can object to this. The response can be filed in the language of the registration agreement, and is due twenty (20) days from the WIPO’s notification that the case has commenced. To try to be fair to both parties, and to leave the ultimate decision to the panel, WIPO has adopted a practice where it provides all WIPO case communications in both languages (the language of the registration agreement, and the language of the complaint).

ICANN requires registrars to confirm the language of the registration agreement to WIPO and once provided, the complainant will be notified if the language of the registration agreement is different than that of the complaint. In this notification, the complainant will be provided five (5) days to amend its complaint to include arguments about the requested language, or to submit a translated complaint into the language of the registration agreement (a machine translation would normally suffice).

In the event that the complainant does not translate the complaint into the language of the registration agreement, WIPO will conduct the case in both the language of the registration agreement and the language of the complaint.

When commencing the panel appointment process, WIPO will seek to appoint a panel familiar with both languages.

Upon appointment, the panel will decide which it believes is fair. The panel may request a translation of certain documents, or may simply proceed to issue its decision after considering the parties’ submissions. The credibility of any submissions by the parties and in particular those of the respondent (or lack of reaction after having been given a fair chance to comment) may be relevant.