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Alternative Dispute Resolution Process

We launched a new process for handling disputes for .ie domain names on 1 July 2019.

Click here to read the Alternative Dispute Resolution Policy.

Helpful guidelines explaining how to use the process are included below.

The ADRP will offer an easier and more affordable option for disputing a .ie domain registration

Alternative Dispute Resolution Process Graphic: Fair, Affordable, Independent and Reputable

 

Anyone who meets the criteria for submitting a complaint.

You must prove that:

  1. You would ordinarily be eligible to register the domain name in question if it was not already registered by the domain holder
  2. You
    1. have rights in the domain name or in marks or identifiers very similar to it, or
    2. that your rights have been negatively impacted by the registration
  3. the registration of the domain should be revoked as it has been registered or used abusively or in bad faith

The process may be particularly beneficial for small and micro businesses.

This is due to the simplicity of the process, and the reduced costs associated with opening a dispute.

The ADR process has been designed to address a wide variety of disputes about .ie domains.

Some of the dispute types that can be submitted to the ADRP include:

  • Business-to-business disputes about registration or use of .ie domains
  • Family business disputes about registration or use of .ie domains
  • Disputes relating to a .ie domain being registered by a party such as a web-developer on behalf of a client
  • Instances of impersonation / passing-off in relation to the registration or use of a .ie domain
  • Instances of defamation in relation to the registration or use of a .ie domain
  • Instances where a .ie domain has been registered solely to sell or rent it to another party
  • Instances where a .ie domain has been registered or used to disrupt a competitors’ business
  • Instances of fraudulent activity in relation to the registration or use of a .ie domain
  • Instances where a .ie domain holder is dissolved
  • Circulation of racist or defamatory material in relation to the registration or use of a .ie domain
  • Misleading or confusing internet users into thinking a .ie domain is operated by the Complainant

The process is operated by Net Neutrals EU, http://www.netneutrals.eu/, an accredited dispute resolution body under the European Union (Alternative Dispute Resolution for Consumer Disputes) Regulations 2015.

Net Neutrals EU was selected as the Alternative Dispute Resolution Service Provider by the .ie Policy Advisory Committee following a tendering process with potential operators.

PATH 5A – MEDIATION

A trained independent Mediator will help you and the domain holder find a fair, amicable resolution. The Mediator will help keep discussions constructive, so you can resolve the dispute quickly.

Note that Mediation is optional. Fee information is available at www.netneutrals.eu

 

Alternative Dispute Resolution Process Graphic: Mediation

You should follow the steps outlined below:

 

  1. Explain what the dispute is about in the form below.
  2. Send information to show that you would normally be eligible to register the domain (if it wasn’t already registered) to adrp@iedr.ie   Information on the type of evidence required is detailed in the Registration and Naming Policy
    If you’ve any questions, contact us at registrations@iedr.ie.
  3. Once we’ve verified your eligibility, Net Neutrals will contact you. They’ll work with you to open the case and to arrange payment of fees. Fee information is available at www.netneutrals.eu
  4. The domain holder will then be notified of the dispute.

A trained Mediator at Net Neutrals will help you both find a fair solution to the dispute.

If the domain holder won’t engage, or if a fair solution can’t be agreed, you can either close the case or request a decision.

PATH 5B – DECISION

A Decision on a dispute is made by a qualified domain dispute Specialist at Net Neutrals.

A Decision can result in the .ie domain registration being transferred to you, or the deletion of the domain, or no action being taken at all (if the dispute is refused).

Alternative Dispute Resolution Process Graphic: Decision

You should follow the steps outlined below:

  1. Explain what the dispute is about in the form below
  2. Send information to show that you would normally be eligible to register the domain (if it wasn’t already registered) to adrp@iedr.ie   Information on the type of evidence required is detailed in the Registration and Naming Policy. If you’ve any questions, contact us at registrations@iedr.ie
  3. Once we’ve verified your eligibility, Net Neutrals will contact you. They’ll work with you to open the case and to arrange payment of fees. Fee information is available at www.netneutrals.eu
  4. The domain holder will then be notified of the dispute.
  5. A trained Specialist at Net Neutrals will review the information provided and issue a Decision on the dispute. The Specialist may decide to transfer the domain to you, or delete the domain, or take no action at all (if the dispute is refused).

Note that if the domain holder fails to acknowledge the dispute, the fees payable to Net Neutrals will be reduced (as only one party’s input will need to be considered).

PATH 5C – Opinion

You can ask a qualified domain dispute Specialist for a non-binding Opinion on the dispute subject matter.

This may be helpful if you are considering submitting a dispute through the Alternative Dispute Resolution Process or are considering escalating the matter through the Irish Court Service.

Note that no action is taken against the domain registration in this instance.

Alternative Dispute Resolution Process Graphic: Opinion

You should follow the steps outlined below:

  1. Explain what the dispute is about in the form below.

  2. Send information to show that you would normally be eligible to register the domain (if it wasn’t already registered) to adrp@iedr.ie   Information on the type of evidence required is detailed in the Registration and Naming Policy. If you’ve any questions, contact us at registrations@iedr.ie.
  3. Once we’ve verified your eligibility, Net Neutrals will contact you. They’ll work with you to open the case and to arrange payment of fees. Fee information is available at www.netneutrals.eu
  4. A trained Specialist at Net Neutrals will review the subject of the dispute and the evidence you provide. The Specialist will then issue a non-binding opinion on the matter.

Note that fees payable for this service may vary based on the complexity of the case.

Fee information is available at www.netneutrals.eu

If you receive a notice about a complaint submitted against your .ie domain registration, it’s important that you respond. This ensures that your input is considered by the Specialist.

Keep in mind that the burden of proof is on Complainant – it needs to prove that it meets the complaint submission criteria. This is because you’ve already shown evidence of your compliance with the .ie Registration and Naming Policy when you registered your .ie domain.

If a complaint is opened about your .ie domain name, you’ll need to show that it wasn’t registered abusively, or in bad faith. Some examples of how you can show this include:-

  • referencing any rights you have,
  • proving that you’ve made fair use of the domain, or
  • showing that you’ve used it in connection with legitimate business activity, or in connection with preparations to start a legitimate business

Further information on how to respond to a complaint is available in Section 4.2(A) the Alternative Dispute Resolution Policy.