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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

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Dispute Resolution in .uk


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

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

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

    4. 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

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

    6. The Policy - A successful complainant must show… • They have rights in respect of a name or mark which is identical or similar to the Domain Name; and • The Domain Name, in the hands of the Respondent, is an Abusive Registration. (ie - was registeredORused in a manner which took unfair advantage of or was unfairly detrimental to the Complainant's Rights)

    7. 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

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savings for parties • Constructive dialogue leading to solutions • Solution arrived by parties: • Transfer • Complaint withdrawn • Shared site/links • Collateral agreements (e.g. computer game, a fleece)

    9. 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

    10. 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

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