DISPUTE SERVICES
CIDD provides Domain Dispute resolution services to a number of ccTLD registries and is currently negotiating with other ccTLD registries in order to provide domain dispute resolution services to those registries.
Under the CIDD domain dispute resolution system, there is a 2 stage process for any claim:
FULL HEARING
a) The Claimant files a complaint and pays the Domain Dispute Complaint Fee. (See Fees Page).
b) This is transmitted to the Respondent
c) If the Registrant does respond within the time limit, the Respondent will be asked to pay the Contested Dispute Fee.
d) Full submissions are then accepted by the Tribunal.
f) Where the Contested Dispute Fee is paid, the procedure is as follows :
- The registry must receive the formal response within 18 days of notification of the Domain Arbitration Challenge
- The Registry notifies the Defendant that their response constitutes formal contesting of the case and required payment of the Contested Dispute Fee.
- The Defendant/Respondent must pay the Registry within 14 days of receiving notice of the Contested Dispute Fee requirement.
- When paid the Complainant will be advised of payment of the Contested Dispute Fee and the Defendant/Respondents response.
- The Complainant may answer any novel points in the Response not previously dealt with, and received by Registry within 14 days.
- This is copied to the Respondent upon receipt.
- The Adjudicator will then study the papers and may raise "Points of Clarification" with either party. (This is at the adjudicator's discretion).
- "Points of Clarification" must be responded to within 7 days (so don't go on holiday during this period unless you're on email and can respond).
- There is no procedure to apply for more time to answer a "Point of Clarification".
- Where a "Point of Clarification" needs confirmation, the adjudicator may stay matters at their discretion. (The exercise of this discretion will be exceedingly rare).
- Adjudication will then be given.
- Contested Fee Disputes are calculated as for the Complaint Fee.
- The prevailing party will get 50% of their Fee returned, subject to folio limits being observed.
- The first instance decision is binding on the Parties unless the losing Party appeals.
- If the losing Party appeals the first instance decision, then the Appeal decision is binding unless the losing Party appeals to the Jersey Courts (for .je domains) or the Guernsey Courts (for .gg domains) within the prescribed time limit.
The target guideline is that full adjudication is usually made within 14 to 21 days of submissions closing.
Note: Where the Contested Dispute Fee is not paid to the Registry within 14 days, the Arbitrator will proceed to summary judgment on the basis of the Domain Arbitration Challenge document only. This does not mean that the Complainant will automatically win as the Complainant has to make out their case and persuade the Arbitrator that issues such as a generic domain name do not arise. (We refer to this as Summary Adjudication).
g) The first instance decision is binding on the Parties unless the losing Party appeals.
h) If the losing Party appeals the first instance decision, then the Appeal decision is binding unless the losing Party appeals to the Jersey Courts (for .je domains) or the Guernsey Courts (for .gg domains) within the prescribed time limit.
The Domain Arbitration Complaint Fee payment is not refundable if a complaint is withdrawn or if the Contested Dispute Fee is not paid.
This is the scheme used by .gg and .je domains
SUMMARY JUDGMENT
This arises where the Claimant files a complaint and pays the Domain Dispute Complaint Fee. Summary Judgement is available if the Registrant does not respond within the time limit. In such cases, the Claimant Domain Dispute Fee pays for the Summary Judgment. Where the Contested Dispute Fee is not paid to the Registry within 14 days, the Arbitrator will proceed to summary judgment on the basis of the Domain Arbitration Challenge document only. This does not mean that the Complainant will automatically win as the Complainant has to make out their case and persuade the Arbitrator that issues such as a generic domain name do not arise. (We refer to this as Summary Adjudication).
In some registries, variations exist where the Registrant’s bond is only forfeit under limited conditions, such as where there is evidence of systematic or deliberate cybersquatting. We don't currently ask for a adjudication bond, but may do in the future.
A full Appeals procedure is provided. Languages of Arbitrators vary but currently arbitrations can only be accepted in English
ALL CONTACT IN RELATION TO THE DOMAIN DISPUTES ARE VIA THE CHANNEL ISLAND DOMAIN REGISTRY
PLEASE DO NOT CONTACT THE ARBITRATORS DIRECTLY