Domain Rules

Channel island Domain Dispute (CIDD) RULES
gTLDs such as .com, .net and .org
Generic Top Level Domains (gTLDs) disputes cover all Domain Names registered under .com, .org and .net and are dealt with by a procedure called the Uniform Dispute Resolution Policy (UDRP) operated via the gTLD Governing body ICANN. These cases should not be referred to Registry but to the TLD Registrar who processed the Domain Name application (you can find this out from the WHOIS data and further details concerning the procedure for TLD disputes can be found at: http://www.icann.org/udrp/udrp.htm.

Mediation or Arbitration of gTLDs via CIDD
Where the disputing parties agree to use CIDD to resolve a gTLD dispute, CIDD will ask ICANN to permit this, but at least one party must be resident in the Channel Islands. If either party objects or ICANN refuses to agree to recognize the arbitration decision, you will need to use the formal ICANN UDRP procedure.or go to court.

Without Prejudice Documentation
Unlike many domain dispute processes, genuinely Without Prejudice correspondence may not be provided to the Tribunal.

What is Dispute Resolution?
The Channel Islands registry, Island Networks Limited (INL/Registry) accepts and registers Channel Islands Domain Name registrations on a first-come, first-served basis. INL does not determine who has the right to register a Domain Name prior to the actual registration. INL cannot offer legal advice and recommends that all parties in a Domain Name dispute seek independent legal advice. The Channel Island Domain Dispute service (CIDD) has been created from the informal arbitration and mediation service that previously existed.

The Arbitration Service can be used, providing the claim falls within the CIDD rules, by:
a) any person or company aggrieved at the registration of a domain name; or
b) any person or company aggrieved at the refusal of the Registry to register a domain name, either as a result of a decision by the Registry or by the States of Jersey, Guernsey or Alderney or the Chief Pleas of Sark; or
c) any person or company aggrieved at the cancellation or suspension by the Registry of a domain name
Objections

Registrations may be objected to under certain conditions, namely:
Identical or Similar Rights are Infringed – The Complainant has Rights in respect of a name or mark which is identical or similar to the Domain Name; and the use of the Domain Name by the Respondent amounts to infringement of the Complainant’s rights. (The Complainant is required to prove to the Expert that both elements are present on the balance of probabilities).
Abusive Registration – The Domain Name, in the hands of the Respondent, is an Abusive Registration.
Destabilising use – Circumstances indicating that the Respondent is using or threatening to use the Domain Name in a way which objectively may materially (or materially risks) damage  the financial standing, security or reputation of the Island or the Channel Islands in particular.
Court Order – A Court Order prevents registration or continued use.
Reserved name – The name is on the Registry’s reserved names list and therefore cannot be allocated.

In an attempt to resolve Domain Name disputes quickly and cost effectively, INL operates the domain dispute process via CIDD through which parties are encouraged to achieve a mediated resolution to their dispute and if this is not successful to arbitrate it. CIDD is exclusively provided by Dispute.it. CIDD provides an open channel for negotiation between two parties (the Registrant and the Complainant) and, if a mediated resolution is not possible, a decision can be made by a member of an independent expert panel based on the facts of the complaint. CIDD does not replace the Courts of Law, and INL will act on the findings of a Domain Name dispute ruling made by the Channel Island Courts.

Because the Registry is a neutral third party to the dispute, in some cases the Registrant may react more favourably to an approach from CIDD over the status of a Registration rather than an approach from a Complainant or their solicitors. If the Complainant feels that they have a genuine case, they should contact CIDD directly or the Registry providing an outline of their case in writing following the published CIDD procedure.

Some Complainants will seek legal advice before contacting CIDD (usually for help with drafting correspondence); or else they may instruct their lawyers to contact CIDD on their behalf.

The basic objective of arbitration is a fair, fast and expert result, achieved economically. Consistent with this goal, an arbitration award traditionally will be set aside only in rare circumstances such as demonstrable bias of an arbitrator, error of law etc. Sometimes, however, the parties desire a more comprehensive appeal, most often in the setting of legally complex cases.

The domain dispute process provides a right of appeal. Legal authority is mixed as to whether courts will accept appeals from arbitration, except on errors of law.