How the UDRP works

Here we'll take you through the basic flow and "things to know" of the UDRP procedure. It is highly recommended that you retain a lawyer that specializes in these matters (See the Domain name lawyers sidebar). It is still recommended that you be familiar with the procedure even if you retain counsel. Finally, I strongly caution against representing yourself on either side of a UDRP unless you are a full time professional domainer or otherwise immersed in the industry and are familiar with the governing rules and precedents, which are as follows:

• The Complainant selects a Dispute Resolution Provider, prepares background material, submits complaint, and remits fees.
• The Dispute Resolution Provider notifies the current Registrar for the domain and requests that the Registrar verify various aspects of the Registration.
• The Registrar then sets the clientTransferProhibited and clientUpdateProhibited flags on the domain status. This prevents the domain from changing its Whois record or from transferring away, but the domain will continue to be resolved over the internet.
• The Resolution Provider will then forward a copy of the complaint to the Respondant.
• Unless the Respondent elects to use a three-member panel to hear the case, the procedure will be heard by a one-member panel. If the respondent opts for a three-member panel, additional fees apply and the total fees will be split between the Complainant and Respondent.
• The Respondent will have until the stated deadline to file its rebuttal. If the Respondent fails to file a response, the Panel will decide the case without input from the Respondent. There have been rare cases where a Panel has decided in favor of an unresponsive Respondent.
• The panel then renders its decision and forwards a copy to both sides. If the complainant prevails, their Registrar will commence a domain transfer and the Respondent's Registrar will allow it. If the Respondent prevails, their Registrar will simply remove any restrictions on the domain and life continues unabated.