What happens next?
Following the Online Dispute Resolution pilot, depending if you are involved in the pilot for conflicted names, or for domain name disputes there may be additional options available to you.
The parties are responsible for making the agreed actions happen.
Where the standard platform terms are used in the agreed settlement, payments agreed must be made within five (5) days.
On receipt of payment, and where the standard platform terms are used, the agreed action of the party receiving the payment will be either a change of preference or transfer of domain name and must be made within ten (10) days after receipt of payment.
If the parties have any issues regarding performance they may need to contact each other about performance. The platform remains open for a time and the correspondence function may be used for follow up where necessary and where the matter remains open.
Conflicted Domain Names:
If the parties that have rights are unable to resolve the conflicted domain name through online dispute resolution, then the domain name will - until such time as a policy change is implemented - remain conflicted.
The parties will need to keep their current domain name registered so as to remain part of the conflict. If the registration lapses, then they will be removed from the conflict set.
It is important the domain name holders keep the registrant's email address updated - as this is where that will be notified of the resolution of any conflict.
DNCL is prioritising seeking to resolve conflicted names in light of the .nz Advisory Panel making the following recommendations in 2020:
- InternetNZ should set a deadline for parties to come to an agreement on resolving conflicted domain names
Following deadline expiration, names should be released for general registration
- Implementing the above recommendations would require changes to the conflicted names process, which must first go through the .nz policy change process.
A review of the pilot program, remaining conflicted names and preferences will be provided to InternetNZ to assist in the policy change consultation process. Each party that still has rights in conflicted names will be invited to provide their views on proposals prior to a final decision being made and implemented.
Because of this, the Domain Name Commission strongly encourages that parties participate in the pilot program.
Domain Name Disputes.
If the parties that have rights are unable to resolve the domain name dispute through online dispute resolution, then they are able to transition to an alternative dispute resolution process.
This entails the party that believes the below points submitting a complaint:
- they have rights to a name that is identical or similar to the domain name in dispute
- and that the registration of the domain name by the current registrant is unfair.
More information regarding the submission of a complaint can be found here.