How does determination work
Expert determination means a qualified expert advises on resolving a dispute over who should be the registrant of a domain name. See how these experts support resolving a dispute.
A dispute can be referred to an expert in two circumstances:
1. No Response is submitted
The registrant does not file a response to the initial complaint.
2. Mediation Fails
Mediation between the two parties (see Mediation) does not result in a settlement or resolution.
In each circumstance, the complainant pays a fee of $2000 plus GST for expert determination.
What experts consider and how expert determinations are communicated
Expert determinations consider only the information provided by the parties in their submissions made through the Dispute Resolution Service. The submission always includes the original complaint. Any response and reply will only be included if these have been submitted.
If a dispute has been through the mediation process, an expert determination only considers any notes or information from mediation with the consent of both parties.
The expert may ask parties for more information. When this happens, the information will always be copied to the other party. This is called a non-standard submission. Information about this type of submission and how to make one is contained in Section B12.2 of the Dispute Resolution Service Policy.
Both parties receive the expert determination decision. The decision is also made available to the public. If the determination orders a transfer, after the appeal period has passed, the Domain Name Commission enacts that decision using the expert's directions.
If you are not satisfied with the outcome of a dispute or an expert determination, see Appeals for your options.