There is no legislative framework concerning Domain Names in the Channel Islands although an unofficial accord exists between Guernsey and Jersey Governments and the Domain Registry under the CI-GAC accord which dates back to 1997. Domain disputes are rare because of the particular provisions of the domain dispute process and in fact there have only been one or two disputes that have gone all the way through to decision of the panel.A full Appeals procedure is provided. Submission must be in English.
At the time of writing, there has been only a handful of domain name disputes involving the Channel Island domains although some .com disputes have arisen in the jurisdictions and this is largely because the rules requring Stage 2 bonds make it unprofitable for cybersquatters to use the domain.
The lack of Channel Island domain problems arises largely because of the original objection system provided under the CI-GAC MoU whereby it was provided that certain objectionable or generic domain names would not be available for registration because of a risk that the reputation of the finance industry of the Island could be damaged. After 15 years the objection system was removed as part of the automation of the Registry because the majority of potentially disputable names had been registered.
Dispute.it provides Domain Dispute resolution services to a number of ccTLD registries of which Guernsey is one. Under the domain dispute resolution system, there is a 2 stage process for any claim:
a) The Claimant files a complaint and pays the Complaint Fee. Summary Judgment is available if the Registrant does not respond within the time limit. This does not however guarantee that the Claimant will win their case as the panel members deciding the dispute have broad discretion and investigatory powers and are not bound by the terms of the submissions and can consider factors and supplement submissions in the interests of justice.
b) If the Registrant does respond within the time limit, each party pays a Respondent Deposit Fee or posts an appropriate bond. Full submissions are then accepted by the court. The full adjudication is made within 14 days of submissions closing. If either party fails to pay, judgment may be entered for the other party; however due to the panel members investigatory powers this is not certain; however the adjudicators can determine bad faith in failing to post the bond or fee.
If both parties pay the fee then adjudication on the submitted case (with any investigatory additional material) will arise and the stage 2 fee is refunded to the prevailing party.