Dispute Resolution in .uk

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Dispute Resolution in .uk

• Edward Phillips, Company Solicitor
• Nominet UK

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Outline

• Background to Dispute Resolution Service
• Overview of service
• Benefits of mediation
• Expert decisions

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Case studies

• A well known soft drinks company
• An Australian clothes manufacturer
• landroverevents.co.uk

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Background to Dispute Resolution Service

• One of Nominets core functions
• Less than 0.01 of registrations are disputed
• 2,400 cases since September 2001, 722 in 2004
• Does not rule out legal action
• Free administrative and mediation service
• 56 mediation success rate
• Used by small businesses 85 at mediation are
  unrepresented
• CEDR Award for Excellence in Alternative dispute
  resolution in Industry 2004

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Overview of service

• Written submissions
• Informal Mediation
• Fee (1,220 VAT) paid by complainant
• Expert decision
• Appeal to panel ( 4,880 VAT)

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The Policy - A successful complainant must show

• They have rights in respect of a name or mark
  which is identical or similar to the Domain Name
  and 
• The Domain Name, in the hands of the Respondent,
  is an Abusive Registration.
• (ie - was registered OR used in a manner which
  took unfair advantage of or was unfairly
  detrimental to the Complainant's Rights)

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Mediation

• Conducted informally by telephone email
• No fee charged by Nominet
• Without prejudice and confidential
• 2 dedicated and professionally trained staff
• 10 of commercial mediation in the UK

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Benefits of mediation

• Disputes can be resolved at an early stage
• Costs savings for parties
• Constructive dialogue leading to solutions
• Solution arrived by parties
• Transfer
• Complaint withdrawn
• Shared site/links
• Collateral agreements (e.g. computer game, a
  fleece)

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Expert Decisions

• Complainant not obliged to pay fee until opts for
  expert decision
• High percentage withdraw without paying fee
• Next available expert takes next dispute (cab
  rank)
• Expert declares impartiality and independence

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Summary

• Award winning service
• Neutral and impartial
• Efficient administrative system low number of
  staff required
• Mediation success
• Local service gives scope for local policy and
  process revisions

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Further information

• www.nominet.org.uk/drs.html