Judgment of the Supreme Cassation Court No. 39, Civilian Ref. No. 115/2010, of 30 March 2010 (V.V.D. vs. BG OOD Register):
Rationes Decidendi:
The arbitration board attached to the national register of top-level domain names (BG OOD Register) is not an arbitration court in the sense of the definition in Section 1 and Section 4 of the International Commercial Arbitration Act (ICAA [BUL]), and its decisions cannot be annulled by the Supreme Cassation Court. A request for the annulment of a decision of the arbitration board in reference to the International Commercial Arbitration Act (ICAA [BUL]) is not admissible.
This arbitration board does not settle disputes but expresses standpoints of an authority possessing decision-making powers in respect of matters that are in its authority.
The national register of top-level domain names (BG OOD Register) is an authority that has been entrusted special powers, while the arbitration board is only its assisting [consultative] body.
authority possessing powers
assisting body
consultative body
domain name
arbitration board
arbitral award
court of arbitration
settlement of disputes
annulment of arbitral award
Univ. Professor, Dr.iur., Mgr., Dipl. Ing. oec/MB, Dr.h.c. Lawyer admitted and practising in Prague/CZE (Branch N.J./US), Senior Partner of the Law Offices Bělohlávek, Dept. of Law, Faculty of Economics, Ostrava, CZE, Dept. of Int. and European Law, Faculty of Law, Masaryk University, Brno, CZE (visiting), Chairman of the Commission on Arbitration ICC National Committee CZE, Arbitrator in Prague, Vienna, Kiev etc. Member of ASA, DIS, Austrian Arb. Association. The President of the WJA – the World Jurist Association, Washington D.C./USA.
e-mail: office@ablegal.cz
