CIDD provides Domain Dispute Resolution Services (DDRS) 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.
CIDD Rules. | _(pdf)_|
A guide to what you need to show is available in our | downloadable booklet | (due on/before 25th May).
Sample Complaint: | (pdf) |
Complaint Guidance Notes (.pdf)
Sample Response: | (pdf) |
Response Guidance Notes (.pdf)
Whois Request Form | (.pdf).
PROCEDURE
HEARINGS – These are paper-only hearings
Note: The Adjudicator can request information by an interrogatory at any time.
STEP 1: THE COMPLAINT
The Claimant files a complaint and pays the Domain Dispute Complaint Fee.
The Complaint should also be accompanied by any evidence that the Complainant wishes to file, including any necessary witness affidavits that are needed to prove facts alleged. (Items such as Trademark certificates that can be checked online should be filed but do not need to be proven by affidavit.) Witness Affidavits should be verified as to truth (as set out in the Rules).
Note Folio length provisions in the Rules. Excessive length Complaints may incur additional fees which must be paid before the Complaint proceeds.
STEP 2: DOMAIN LOCK
The Registry will then lock the Disputed Domain from change.
STEP 3: NOTIFICATION OF THE COMPLAINT
The Complaint pack is transmitted to the Respondent.
STEP 4: THE RESPONSE
The Registrant should respond within the time limit of 21 days. The Response should also be accompanied by any evidence that the Respondent wishes to file, including any necessary witness affidavits that are needed to prove facts alleged. Witness Affidavits should be verified as to truth (as set out in the Rules).
Each of the allegations against the Respondent as set out in the Complaint should be dealt with in the Response together with any defences or counter-statements.
STEP 5 (Optional): RESPONDENT REQUEST FOR MORE TIME
If the Respondent needs more time to provide the Response, it should apply to the Tribunal for an extension within the time-limit for the original Response. (The Tribunal can consider a request for extension even out of time, but will not do so once the decision process has started).
The request for more time must specify the reasons for the request.
STEP 6: NOTIFICATION OF RESPONSE
The Response will be sent to the Complainant and Adjudicator.
STEP 7: REPLY TO RESPONSE
The Complainant may answer any novel points in the Response not previously dealt with, and received by Registry within 14 days. (Note: This is not an opportunity to file evidence that was forgotten in the original Complaint or to re-argue matters raised in the Complaint. It is only for answering assertions from the Respondent that could not reasonably have been foreseen.
STEP 8: DETERMINATION
The Adjudicator will commence the determination at a time convenient to the Adjudicator. This will not be notified to the Parties, but from the start of that determination, no further submissions or requests for extensions can be accepted. This is to avoid wasting judicial time. The target guideline is that full adjudication is usually made within 14 to 28 days after submissions close.
Decisions are based on the balance of probability.
The Decision is published to the Complainant, Respondent and registry and placed on this site.
STEP 9: APPEALS
The first instance decision is binding on the Parties unless the losing Party appeals.
Appeal must be applied for within 14 days of the publication of the decision.
(See Appeals procedure).
STEP 10: FURTHER APPEAL
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 for Court Appeal which is 28 days.
GENERAL NOTE ON COMPLAINTS: Even if the Respondent does not respond, this does not mean that the Complainant will automatically win as the Complainant has to make out their case (effectively at least at a prima-facie case) and persuade the Arbitrator that the requirements for domain transfer have been met.
FEE REFUNDS
The Domain Arbitration Complaint Fee payment is not refundable if a complaint is withdrawn.
LANGUAGE
Languages of Arbitrators vary but currently arbitrations can only be accepted in English
Caselaw worth a second glance
(If you thing we’ve missed something – contact us at disputedly @ gmail.co.uk
BT v One in a Million
(followed in Yoyo email v RBC Bank 2015 EWHC 3509)
KP Makeup v Lasting Impression