HOW THE DRS WORKS
Once the Complainant has formally invoked the DRS,
Nominet will attempt to establish whether the parties can reach a
mediated or commercial resolution to the dispute. The DRS team will:
- Contact the Registrant of the disputed Domain
Name, forwarding all correspondence submitted to Nominet by the
- Request the Registrantís response - the DRS
team will usually discuss the complaint with them over the
- Attempt to establish whether there is a
possibility of the matter being resolved at this first stage,
discussing the ways in which resolutions might be reached.
- Remind the Registrant of the powers Nominet has
under its Rules to
suspend or cancel the registration of a Domain Name - these
powers are incorporated in the contract
for the registration of a Domain Name.
- Ask the Registrant to confirm their position in
writing and, where appropriate, respond to any of the claims
made by the Complainant.
If mediation is not successful, the dispute will move to Stage Two.
Where a mediated resolution cannot be reached,
Nominet will decide that mediation has been unsuccessful. Nominet will take
a decision on whether the Domain Name should be suspended or cancelled and
will provide a written copy of its decision to both parties.
If any party affected is
dissatisfied with Nominet's decision then, at either party's
request, the case can be referred to an independent expert for
Nominet has a panel of 12 independent experts from
the field of intellectual property and IT law who are consulted on a
rota basis. The expert will review the documentation relating to the
case and may ask the two parties to submit further written evidence
to support their claims. The expert will then issue a written
recommendation to Nominet either to confirm or revoke the decision
taken under Stage Two of the DRS.
This independent recommendation, together with the
reasons for the decision, will be provided to Nominet and to the
parties involved. It should be noted that Nominet is not required to
accept the independent expert's recommendation.
Disputes can also be referred to an Alternative
Dispute Resolution Service (ADR) provided by the Centre for
Dispute Resolution (CEDR), a non-profit making body whose aims
are supported by the CBI, DTI and IOD. Further details can be
obtained direct from CEDR or Nominet.
Both Complainant and Registrant retain the option
to pursue the case through litigation at any stage of the process.