Before the DRS starts

The registrant's name is wrong - what can I do?
The registrant gives no address or a bad address - what can I do?
How can I avoid DRS disputes?
How does the DRS relate to the courts?
Do I need a lawyer?
I've had a scary lawyer's letter - what should I do?

Considering making a DRS complaint

Is this the right service for me?
What do I need to do to complain?
Can multiple parties make a joint complaint?
Do I need to know the complainant's full details?
How much does the DRS cost?
How long does the DRS take?
What is the ‘Rights’ test?
Do I need a trade mark?
What other rights will do?
When do I have to have rights?
"Abusive Registration" what does that mean?
When does the abuse have to happen?
Unfair Advantage and Unfair Detriment - What are they?
Do you have any examples of abuse?

Responding to a complaint

Why has someone complained about my registration?
Do I have to respond to the complaint?
What happens if I do not respond?
When do I have to respond by?
How do I make my response?
Making my response work, what should I include?
Do I have to provide evidence?
Do I have to demonstrate that I have Rights in the domain name?
How can I demonstrate that the domain name is not an Abusive Registration?
Is this going to cost me anything?
I've missed the response deadline - what can I do?

Mediation

What is mediation?
What is a mediator?
Why mediate?
What does ‘Without Prejudice’ mean?

Independent Experts

Who are the experts and what do they do?
How is the expert chosen for a particular case?
What can an expert decide?
How do you get to be an expert?
How are experts reviewed and quality controlled?

Decisions

What is a summary decision?
What is a fully reasoned decision?
What happens to the decision?
Where are the decisions on the website?
Is there is a list of people potentially covered by the "Three-strikes" rule in Policy 3(c)?

Appeals

How is an appeal decision different?
How do you choose the appeal panel?
How much does an appeal cost?

General/ Ongoing disputes

I want to send something else for the expert to see - can I do that?
Will this dispute go to an Expert? Will I win?
The "balance of probabilities" what does this mean?
What is the difference between the DRS and the courts?
Why the DRS is binding on both parties?
The DRS and legal proceedings




The registrant's name is wrong - what can I do?
Registrants are required to provide us "correct" contact information under the conditions of registration, so if the registrant name is false, we may be able to do something about it.

If you contact us with your concerns, we can look at the registration. We will try to establish what the correct contact information is. If we cannot, we may cancel the registration, and that may solve your problem, as the domain name would then be available for re-registration.

If we are able to establish genuine contact information, that may also assist you to identify whom the registrant is and whether you object to the registration.

Obviously fake information
Some registrations have obviously fake information, and give no genuine contact information at all. In these cases, we can sometimes proceed to cancellation faster than normal.

Out of date information
If the listed registrant has died, or been struck off the register of Companies, the domain name may be liable to be cancelled. Please see our page on this topic, which also sets out our process for dealing with transfers from dissolved companies in some limited situations.

The registrant gives no address or a bad address - what can I do?
There are two reasons why the address listed on the WHOIS might not be sufficient for you to contact them:

• The information we have is wrong, out of date or absent.
  Registrants are required to give us "correct" contact information. If you are concerned that the address information for a domain name is incorrect, and you can prove this, please contact our registrant services department about it. We may then start our process for dealing with this, which will result in new information being entered or the domain name cancelled.
• The registrant is using the opt-out from the WHOIS.
  Consumers are not required to show their address on the WHOIS. They can take advantage of an opt-out. This opt-out can be removed if they are found to be trading, and we can also release their address in certain cases. See our advice to registrants on this topic.

How can I avoid DRS disputes?

For all the advantages of the DRS, it is still better not to have to do it in the first place. There are some steps you can take to try to avoid disputes:

1. If you ask an employee or web-designer to register a domain name or make a website for you, use the WHOIS to check that it is actually in your name. If not, there is a risk that they could cause problems later.
2. Make sure that the registration lists your full legal name - for a company, as it is registered at Companies House - rather than just a trading name or other domain name.
3. Make sure that your registrar updates the information we hold if you change your name.
4. If someone gives you the name, make sure that it has gone through the proper transfer process here so that it is listed for you - if not, it can cause problems later.
5. Do not assume that a domain name will be available - we regularly get calls from people who are about to launch a product and try to register the domain name after all the materials are printed - only to find out that it is taken.
6. Remember that dictionary words and acronyms are popular and can refer to a lot of things - many of these will be registered already.
7. Remember that many people register domain names to sell - you have to consider whether it is best to contact them first.
   

There is no guaranteed way to avoid disputes, but if you avoid domain names in which others have rights, and if your use is not abusive, you should be safe, because these are the two things that complainants must prove to succeed in the DRS. In practice, there are some basic tips you can follow:

• Avoid infringing trade marks. For some basic information about this topic, see our guide.
• Do not assume that just because you got the domain name first, you are free to do whatever you want with it - that is not how the law, or the DRS see it.
• Do not assume that if someone has not registered a domain name, they do not want it or will not mind if you register it. Particularly for large companies, the cost of registering every possible domain name would be prohibitive.
• If you are using the domain name for pay per click advertising, avoid using the site for goods or services related to a trade mark.
• Behave responsibly. Many disputes arise not because the registrant has the name, but because they do something with it that interferes with the other person's business or tries to take advantage of their fame, their reputation, their business etc.
• If you want to protest against a company, do not use their exact name - pick something a bit different. 
• Keep your name and address up to date and correct on our records - it will be easier for the complainant to contact you before making a complaint. If they cannot contact you, they may just complain to make contact.
  

It also helps to have a look down the list of decisions - you will see that the vast majority involve:

• Using trade marked words
• Using the names of other companies to advertise similar goods or services
• Arguments between companies and ex-employees or ex-designers
• Using words which might, individually, be generic, but which refer to a company because of they way that they have been put together, or used.

How does the DRS relate to the courts?
The DRS does not seek to replace the courts and you may wish to take independent legal advice if uncertain which system is more suitable for your dispute. However, often the DRS will prove to be quicker, cheaper and may offer greater scope for amicable settlement through mediation. Do not forget that in court costs orders can be made, which can be very expensive. However, there are some cases which are too complicated for the DRS (for example, very difficult contract cases, or cases on technical points of trade mark law) which have to go to court.

Do I need a lawyer?
The DRS is designed to provide a cheap, fair and quick way of dealing with disputes so a lawyer is not a requirement. However, both parties are free to appoint a representative to act on their behalf if they wish.

We cannot provide legal advice generally, because we are not a law firm. If you are looking for legal advice on domain name topics, find a solicitor through the Law Society (of England and Wales), The Law Society of Scotland or The Law Society of Northern Ireland. You will usually need a solicitor that specialises in Internet or Intellectual Property (IP) law.

I've had a scary lawyer's letter - what should I do?
The first thing to think about is the deadline in the letter. Most lawyers will set one, and they often mean it. Even if it is unrealistic, they may need to be told that. You should be careful about missing a deadline set - you should get independent legal advice if you plan to do that.

The second thing to do is see past the aggressive legal-speak. There are certain things that lawyers have to put in these letters, like detailed explanations of their client's rights, and allegations about your conduct, which to the normal reader may seem aggressive or pompous! We often find in mediation that the recipients of these letters are scared or annoyed by these letters. Remember that it is not personal - lawyers write these sorts of letters as a matter of course. Try to look at it calmly, and think about what they actually want and what (if anything) you have done has actually upset their client.

The third thing to do is get proper independent advice. We are neutral, and we are not a law firm. We can give information, but not legal advice. If you are looking for a solicitor, there are links to the UK law societies available in our legal section and they can provide information about choosing a local solicitor. They will be able to explain the law to you and tell you what the letter really means to you.

If the letter does not mention court, but just relates to the DRS, then read our section for respondents, and learn what the DRS is all about, because then you will have a better idea of your position.

Is this the right service for me?
You should use the DRS if:

• you have rights in a name or mark similar to the domain name;
•  the registration or use of the domain name took unfair advantage of your rights - making it an 'abusive registration'; and there is no legal action going on.

You should not use the DRS if:

• you want to complain about Nominet (see our complaints system);
• you want to object to the content of an email sent using that domain name (see our sections on spam and fraud);
• you want to object to the content of a website hosted under that domain name, rather than the domain name itself (see our section on objecting to website content);
• the domain name does not end ".uk" but ends with a generic top level domain (anything with three letters or more, like .com, .net, .org, .info) in which case you should use ICANN's Uniform Dispute Resolution Procedure;
• the domain name does not end ".uk" but ends with a country code top level domain (two letters, like .fr, .de, .jp or .eu) - you should speak to the registry involved;
• the domain name does end ".uk" but it is one of the second level domains we do not control (e.g. .police.uk, .nhs.uk, .gov.uk, .ac.uk, .mod.uk) - speak to the organisation that runs that second level domain;
• the domain name ends ".nic.uk" or ".sch.uk", is registered to Nominet or is reserved under the rules - please speak to us directly about these as they are not subject to the DRS;
• there is ongoing court action
• the domain name is in your name but you want to change registrar (or tag holder, or agent) - there is a separate process for that;
• it is one of the handful of .uk domains which the DRS does not apply to - basically these are second
  

What do I need to do to complain?
You should not complete the complaint form unless you have read and understood what the DRS is and how it works - there is a lot of information on this website or you can contact us directly. The majority of people who fail in the DRS fail because they have not read the instructions and:

• do not realise the formal nature of the process
• do not realise the need for evidence

Can multiple parties make a joint complaint?
Yes. Multiple complainants must all be named on the complaint form. You must specify one of the complainants to act as the lead. The lead complainant will receive all correspondence on behalf of all complainants.

Do I need to know the complainant's full details?
No. We will automatically serve the complaint to the contact details that we hold on our register.

How much does the DRS cost?
All the fees for appointing experts are paid to the experts - we do not take any money for providing this service.

If you are an overseas party, not subject to VAT, you may be exempt from paying VAT in the DRS. See our VAT page.

How long does the DRS take?


There are a number of factors that make a big difference to how long a DRS dispute will take:

1. Is there is a response?  Response cases tend to take a couple of weeks longer than no-response cases, because no-response cases either end when the fees are due or go straight to a decision. If there is a response, there may be a reply and mediation.
2. Is the meditation successful?  A successful mediation can end a dispute quickly and we cannot tell in advance when the mediation will succeed. Mediation is a powerful tool and it is often surprising who settles and at what speed, so this is hard to predict.
3. Is there an appeal? Having an appeal adds a few weeks to the process, but they are rare.
4. Can I speed the process up?  The main thing you can do to speed the process is to do everything you need to do quickly. If there is time for you to do something (for example, make a reply) and you do not want to make one, you can email us to tell us that, so we can move the dispute on to the next stage.

What is the "Rights" test?
The main point of the test is to make sure that the person who complains is someone with a proper interest in the complaint. The rights test is "not a particularly high threshold test" However, some complainants do fail this test, and it is important to provide evidence of the rights you are claiming.

Do I need a trade mark?
No. The DRS does not specifically require you have a trade mark (registered or unregistered). A trade mark of any type might be helpful in demonstrating rights in the disputed domain name, but is not required. Complainants and respondents with trademarks should remember that in order to be successful, a complainant must demonstrate both rights in the disputed domain name and abusive registration. Trademark holders should also remember to include a copy of the trademark certificate with their submission (complaint, response or reply).

What other rights will do?
The definition covers all rights enforceable at English law, so contract rights can be enough. It has also been used for rights that may not actually be enforceable at English law, but which demonstrate a genuine interest, such as the complainant's own name (see DRS 00693 tahirmohsan.co.uk).

When do I have to have the rights?
At the time of the complaint, according to the appeal panel in DRS 03078 ghd.co.uk. Note that the DRS looks to see if a domain name was abusive at the time it was registered or at any later time. While it may be enough to have rights at the time of the complaint in order to make the complaint, you may not be able to show that the registration was abusive if you did not have rights at the time the abuse took place.

For example, it is unlikely that a domain name registration was made in order to prevent you having it if you set up business two years ago and the domain name was registered four years ago.

"Abusive Registration? what does that mean?
The Policy requires complainants to prove that the domain name, in the hands of the current Registrant, is an Abusive Registration. In order to show that the domain name is an Abusive Registration, the Complainant must prove that the domain name either:

• At the time when the registration or acquisition took place, took unfair advantage of or was unfairly detrimental to your [the Complainant's] Rights; OR
• Has been used in a manner which took unfair advantage of or was unfairly detrimental to your [the Complainant's] Rights
• ..or both.

When does the abuse have to happen?
It is enough for the Complainant to show that the 'abuse' occurred at any time during the 'life' of the domain name - so that can be:

• There was an 'unfair' motive when it was registered;
• There was an 'unfair' use after registration but it has now stopped;
• There was an 'unfair' motive at transfer;
• There is something 'unfair' going on now;
• The domain name is inherently 'unfair' (similar to the concept of an "instrument of fraud" in the Court of Appeal case One In a Million);
• Any combination of these.

There are situations in which it is clear that the registration was 'fair' (because the parties agreed at the time, or did not object) but the use later becomes unfair (because there is a change of use, a falling out between the parties or a change of motive).

Unfair Advantage and Unfair Detriment - What are they?
A true but perhaps unhelpful answer is "It depends on what the rights are and what has been done". The ways in which businesses and parties find to take advantage of each other's rights is almost infinite, and so there is no complete list.

More usefully, there are some common indicators which the policy sets out in paragraph 3 for why a registration might be abusive and then paragraph 4 sets out some reasons why it might not be abusive.

Do you have any examples of an Abusive Registration?
Refer to paragraph 3 of the DRS Policy for a non exhaustive list of factors which may mean that the registration is abusive.
 
Why has someone complained about my registration?
For some reason (which should be explained in the complaint) the complainant feels that your registration or use of the domain name is causing them unfair detriment in some way, and that this, together with their rights, means that they want some action taken about the domain name through our Dispute Resolution Service. Complainants usually ask that the domain name be transferred to them, but it will say at the end of the complaint.

See our help section for respondents to find out what to do about this.

Do I need to respond to the complaint?
No. You do not have to submit a response. However, the response represents your only chance to put your case to the independent expert. The DRS is binding on you, so it will go ahead even if you do not take part. This does not automatically mean that you will lose, the complainant must prove certain things in their complaint, and if they fail to do this, the Expert will reject their complaint.

When do I have to respond by?
Within 15 days of the date that you are deemed to have received the complaint. This date will be stated in your notice letter. The 15 days may not run from the date you actually get the complaint - see the Procedure for the rules on this. Also be aware that we may send you an e-mail copy of the complaint without exhibits or attachments and then send a postal copy with all that information afterwards. Therefore, if you are just filing your response on the basis of the emailed copy of the complaint, be sure to check whether you are missing any evidence.

How do I make my response?
You need to log into your online services account. From here you will have a DRS option where you can complete the response form.

Making my response work, what should I include?
The Response represents your only chance to put your case to the Independent Expert. You cannot add anything later, so make sure you put everything you need to in this Response form. Decisions are taken solely on the information that has been submitted to us, and the expert who decides the case is not required to undertake any further investigation.

Do I have to provide evidence?
It is critical that you refer to evidence wherever possible. The most common reason that either party loses a case is a failure to supply supporting evidence to back up their assertions. Decisions are made solely on the information that has been submitted to us. Stating that "further evidence can be provided on request", or "see our website" will not get your voice heard.

Do I have to demonstrate that I have Rights in the domain name?
You do not necessarily need rights in the name to have it. However, if you do have rights, it is more likely that what you are doing with the domain name is not abusive, which is relevant for the second test. So, if you do have rights, say so. Also, in your response you should highlight any problems with the Complainant's rights (for example, if they did not have them at the right time).

How can I demonstrate that the domain name is not an Abusive Registration?
To show that your registration is not 'abusive' it is helpful to put yourself in the Complainant's shoes. What factors are there that would make an independent observer say that the registration and use are 'fair'.

Anything you think which would tend to suggest this is probably something you should include (and prove) in your response, as that is the information which will best help you. Paragraph 4 of the policy makes some suggestions about the topics you could cover.

More generally, provided that your registration and use was 'fair', it is better to put a full explanation of your motives and conduct in as a response than to stay silent as then you have the opportunity of mediation and you are better presented at any decision.

Is this going to cost me anything?
As a respondent, the DRS is unlikely to cost you anything. The complainant has to pay the fee for the Expert (although you are also given the opportunity to pay), and the mediation is free. The only time you might wish to pay is if you want to appeal the decision of the original expert.

I've missed the response deadline - what can I do?
Contact us immediately.

What happens if I do not respond?
The complainant is given the opportunity to proceed to the appointment of an independent expert to have a binding decision made. They do not automatically win but it could result in your domain name being removed from you.

What is mediation?
Mediation is one of the cornerstones of our Dispute Resolution Service (DRS). It is a voluntary, non-binding and confidential process where a neutral third party intervenes at an early stage to help parties bring their dispute to an amicable settlement. Generally, if a dispute settles through mediation it leads to cost savings for the parties. In addition, if the parties themselves have devised the solution to their dispute, it is more likely to stick.  Mediation is attempted prior to an expert decision and is conducted by telephone.

What is a mediator?
A mediator is a neutral third party employed to help disputing parties to settle. They bring a fresh pair of objective eyes to a dispute along with negotiation, communication and problem-solving skills. Neutral means that the mediator does not represent either party in the settlement discussions and will not offer advice or a legal opinion to either party. Their role is to gather information from both parties, identify common ground, help generate options for settlement and deal with the deadlock and emotions that can often be a barrier to settlement.

Why mediate?
Nominet encourages mediation in all its DRS cases (however, this is only possible if both parties have submitted documentation to Nominet regarding the dispute).

A mediated settlement has several advantages compared to an Expert decision or the courts:

• It allows the parties to be in control of the resolution of their dispute rather than having a resolution imposed upon them.
• It allows the parties to be creative in the resolution they reach and settlements often include several components of importance to the parties, not just the future use of the domain name.
• It can often save the parties money in business time (and possibly legal fees) as it leads to the early resolution of the dispute.
• It gives the parties certainty as to the outcome of their dispute compared to the risks associated with a decision imposed by a third party.

 
However, some parties decide not to settle in mediation because, for example, a complainant may feel that an Expert decision is important to them as a deterrent against the threat of future abusive registrations. Similarly, either party may require an Expert opinion on an important principle relating to domain name registration and/or use.

If you have any questions about the mediation stage of the DRS please do not hesitate to contact one of the DRS team.

What does ‘Without Prejudice’ mean?
"Without Prejudice" is a legal label used on letters and emails which are part of a genuine attempt to settle a legal case. Without Prejudice material can (in most cases) be kept secret from the court, so that parties can talk about ways of avoiding litigation without ruining (or 'prejudicing') their case.

However, in cybersquatting cases, the offer to sell a domain name for an exorbitant about of money is actually often the main evidence of abuse - yet it could be hidden behind the "Without Prejudice" label.

So, in the DRS the only material which the expert will not see are the documents and file notes generated as part of the DRS mediation. All other documents, whether or not they are "Without Prejudice" documents, can be sent to the expert. The expert can choose to ignore this material if it is in the interests of justice to do so, but this is the expert's choice.

Who are the experts and what do they do?
We have a panel of independent experts. The experts are mainly from a legal or technical background. Experts are selected to decide cases on a strict 'cab-rank' basis. This means that when a case comes up, we approach the next expert on the list and asks them whether they have a 'conflict of interests' which prevents them dealing with this case. A 'conflict of interests' might cover a case where that expert already knows one of the parties personally, or where the expert has done some work for them in the past. If there is no conflict of interests, the expert is appointed, and their name is moved to the bottom of the list.

How is the expert chosen for a particular case?
Experts are selected to decide cases on a strict 'cab-rank' basis. This means that when a case comes up, we approach the next expert on the list and asks them whether they have a 'conflict of interests' which prevents them dealing with this case. A 'conflict of interests' might cover a case where that expert already knows one of the parties personally, or where the expert has done some work for them in the past.

If there is no conflict of interests, the expert is appointed, and their name is moved to the bottom of the list.

If the expert feels that there might be a conflict of interests, Nominet will approach the next expert on the list and ask them whether they have a conflict. The original expert remains at the top of the list, and will be offered the next case that comes up. This means that an expert has no motive to act in a case where there is conflict.

This means that both the parties and Nominet cannot tell in advance which expert will be appointed.

What can an expert decide?
A decision is a formal written document in which the expert decides on the basis of the tests set out in the Policy and Procedure whether the complainant has succeeded in showing that they have rights and that the domain name in the hands of the respondent is an abusive registration.

Generally, if the expert thinks that the complainant has met the tests in the Policy, they will order that the domain name is transferred to the complainant. If they think that the complainant has failed to do that, they will order that no action is taken. The expert can order that the domain name is suspended (that means that it is prevented from working but is not deleted) or cancelled (deleted), but this is unusual. The expert can also declare that the complainant was "reverse domain name hijacking" which means that the expert thinks that the complainant was misusing the DRS in bad faith in order to try to get a good domain name without any good reason.

How do you get to be an expert?
We advertise publicly in the legal and technical press for candidates. Successful candidates are chosen on the basis of their experience and performance in tests and interview. We are not currently seeking to recruit new experts.

How are experts reviewed and quality controlled?
All decisions are reviewed by a member of the expert review group prior to them being issued to the parties. This review time is included into the decision deadline. If an expert is failing on purely administrative matters (e.g. slow to return a decision) we speak to them directly about it.

What is a summary decision?
The expert will decide the case based on the DRS policy, the complaint and any additional evidence that the complainant has submitted. The expert will not be required to write a full decision with reasoning but only to certify that Rights and Abusive Registration have been made out. The cost is £200 + VAT (more for joint complainants or lots of domains). The summary decision will be published on our website.

What is a fully reasoned decision?
The expert will decide the case based on the DRS policy, the complaint and any evidence, the response and any evidence and the reply any evidence if submitted. A fully reasoned decision will be written where the expert will set out any outstanding procedural matters, the contentions of the parties, what has been accepted as fact, what their views are on the arguments and their decision. This is published on our website. The cost is £750 + VAT (more for joint complainants or lots of domains).

What happens to the decision?
It is sent to the parties, and then published on our website.

Where are the decisions on the website?
Decisions 1-1000, 1001-2000, 2001 - 3000, 3001 - 4000, 4001 - 5000, 5001 - 6000.

The appeals are also available.

Is there is a list of people potentially covered by the "Three-strikes" rule in Policy 3(c)?
Yes. However, it is up to the expert in each dispute to decide whether to apply it.

How is an appeal decision different?
They are decided by an appeal panel of three experts, and take longer to reach (the timetable allows 30 days, with an extension of up to 10 more). An appeal panel will re-examine the whole case and come to a joint (but not always unanimous) decision. The appeal decision cannot be appealed within the DRS.

How do you choose the appeal panels?
The three members of the appeal panel are chosen from the expert review group. The chairman of the independent experts will always chair the appeal unless conflicted.

How much does the appeal cost?
Appeal panel experts are paid £1000 + VAT, and there are three of them, so this again matches the fee of £3000+VAT that we ask for to run an appeal.

I want to send something else for the expert to see - can I do that?
The Policy and Procedure foresee three submissions in the course of a normal DRS case (other than those dealing with an appeal): the Complaint, Response and Reply. Those will automatically be passed in full to the Expert. Anything else is called a "non-standard submission" and DRS Procedure 13 (b) applies. This says:

"13. Further Statement
b. Any communication with us intended to be passed to the Expert which is not part of the standard process (e.g. other than a complaint, response, reply, submissions requested by the Expert, appeal notice or appeal notice response) is a 'non-standard submission'. Any non-standard submission must contain as a separate, first paragraph, a brief explanation of why there is an exceptional need for the non-standard submission. We will pass this explanation to the Expert, and the remainder will only be passed to the Expert at his or her sole discretion. If there is no explanation, we may not pass on the document or information.

c. On receipt of a non-standard submission we shall copy to the other Party the explanatory first paragraph, but we will only send the remainder to the other Party if and when the Expert requests sight of the remainder.

Therefore, if you want to send a non-standard submission, you must comply with this paragraph otherwise your submission may not be sent on. It is important that there is a single, separate, first paragraph that sets out this information. The paragraph should not contain the information, but should focus on the reason and need for the extra submission.

If you do not clearly provide such a paragraph, we may either use the first paragraph of your submission, or we may not pass any of the submission to the Expert.

Will this dispute go to an Expert? Will I win?

A dispute will only go to an expert if:
1.    Mediation does not succeed (or cannot take place); AND
2.    The complainant or the respondent decides to pay for a decision.
We would like as many disputes as possible to settle at mediation, but it is up to the parties to settle. If there is no response in a case, the only options open to the complainant are to pay or withdraw the case. Therefore submitting a response increases the chance that a dispute will settle to the satisfaction of the parties and not go to a decision.

We are neutral and do not express an opinion about the merits of your case. The experts are independent, and we do not discuss the decisions with them, so you have just as much information to base your decision on as we do. To work out your chances, read the parties submissions and the guidance on this site and consider the situation from the point of view of a neutral observer.

The "balance of probabilities" what does this mean?
The complainant in the DRS has to prove their case on "the balance of probabilities". This means that they must show that their case is more likely than not to be the true version. Of course, when assessing whether this has been done, the Expert also takes into account the respondent's submissions.

Complainants who fail to do this have usually failed to make a very detailed complaint, or have failed to provide evidence. We cannot emphasise enough how important it is to explain your complaint or response fully, and attach relevant evidence.

What is the difference between the DRS and the courts?
The DRS does not seek to replace the courts and you may wish to take independent legal advice if uncertain which system is more suitable for your dispute. However, often the DRS will prove to be quicker, cheaper and may offer greater scope for amicable settlement through mediation. ,Do not forget that in court costs orders can be made, which can be very expensive. However, there are some cases which are too complicated for the DRS (for example, very difficult contract cases, or cases on technical points of trade mark law) which have to go to court.

Why the DRS is binding on both parties?
The complainant agrees to be bound by the rules of the DRS when making a valid complaint. The registrant of a domain name is bound by the rules of the DRS at the time of registration, as part of Nominet's Terms and Conditions

The DRS and legal proceedings
Either party to the DRS can start legal proceedings at any time. If we are shown issued court documents for legal proceedings related to the domain name, Procedure 20(a) applies and the DRS is suspended. This usually means that it is frozen at its current point, all time limits stop, and we will not implement the expert's decisions.

We need to be kept up to date about the progress of legal action. When it is over, the DRS will restart, but if the parties have reached a settlement (or a final court judgement) the usual effect is that the DRS is then closed under Procedure 19.