Dispute Resolution in uk Edward Phillips Company Solicitor

Dispute Resolution in. uk Edward Phillips, Company Solicitor Nominet UK

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

Case studies – A well known soft drinks company – An Australian clothes manufacturer – landroverevents. co. uk

Background to Dispute Resolution Service • One of Nominet’s 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

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

The Policy - A successful complainant must show… i. They have rights in respect of a name or mark which is identical or similar to the Domain Name; and ii. 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)

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

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savings for parties – Constructive dialogue leading to solutions • Solution arrived by parties: – – Transfer Complaint withdrawn Shared site/links Collateral agreements (e. g. computer game, a fleece)

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

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

Further information www. nominet. org. uk/drs. html