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The DRS is based on a set of binding rules.  The rules which explain the principles of the system are called the "Policy".  These explain what the complainant has to prove in order to succeed, and how the respondent can demonstrate that no action should be taken.  The "Procedure" explains the administrative parts of the DRS.

It may help you to have a look at the flowchart first.

Stage 1: The Complaint

The person who complains about the domain name is the "complainant". They make their complaint by filling out the complaint form via our web site. If you want to complain, please read the advice for complainants, which explains what to do.

We then send this to the registrant of the domain name, who has time to respond to the complaint. If you have received a DRS complaint please read the advice for respondents which explains what to do.

We then send any response to the complainant who can reply to any new points that the registrant has made. 

Stage 2: Mediation

If the registrant responded, the case will be given to one of our mediators. Mediation is a very successful process where a trained member of staff speaks to both parties to the dispute and discusses with them, confidentially and as a neutral third party, how the dispute could be settled. The majority of cases that reach this stage settle here, without costing any money (although sometimes the settlement includes money). Mediation usually lasts two weeks, but the mediator may adjust the time limits.

Stage 3: Expert decision

If the case does not settle at mediation, or it is a no response case, we will offer the complainant the chance to pay to have an independent expert appointed. The fee is £750 + VAT for a fully reasoned decision or £200 + VAT for a summary decision. The fee goes entirely to the expert. A summary decision is only available in cases where there is no response from the registrant.  A registrant does not automatically lose just because they do not respond. The payment of the fee is voluntary, but if you do not pay the case will not proceed any further.

The expert reads the documents sent by the complainant and registrant. The expert does not get to see what happened in mediation (this is confidential). The parties cannot speak to the expert directly, and cannot send in any new evidence, so you must put all your information in your complaint or response. The expert decides the case and issues a written decision.  The expert decides whether the complainant should succeed on the basis of the arguments made by each side and the Policy and Procedure.

Generally, if the expert thinks that the complainant has proved their case, they will order that the domain name is transferred to the complainant.  If they do not think that the complainant has proved their case they will order no action is taken. The expert can order that the domain name is suspended (that means that it is prevented from working but it 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 using the DRS in bad faith in order to try and get a good domain name without reason.

Stage 4: Time to appeal (cases with expert decisions only)

After the expert makes their decision, there is some time in which you can appeal the decision. The appeal is heard by a panel of three experts, and costs £3,000 + VAT (this does not have to be paid all at once, see the DRS procedure). It is rare to want to appeal.

Stage 5: Publication

The expert's decision (and the appeal decision, if there is one) are published on our web site for everyone to see.

 
 
 

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