Domain Arbitration Proceedings (Domain Name Dispute Resolution/ UDRP)

HORAK · LEGAL EXPERTISE

Fundamentals of an arbitration proceedings

Domain disputes are subject to different procedures depending on the top-level domain. WIPO administers proceedings under the Uniform Domain Name Dispute Resolution Policy (UDRP). These are administrative proceedings and do not exclude court proceedings. UDRP remedies are limited to cancellation or transfer of the domain; damages cannot be awarded. The complainant must establish the required elements. There is no procedural rule that automatically favours an IP owner.

In contrast to the UDRP-procedures, special ADR-procedures are developed for singular Top Level Domains, that differ considerably from the UDRP-regulations. In the .EU-ADR-procedures, there is a special arbitration proceedings, that stand out from the UDRP-procedures of the .EU-ADR-procedural rules and detailed regulations.

The basic process of a UDRP-procedure is explained below.

How does an arbitration proceeding´s process normally work?

After filing and payment, the provider checks formal requirements, obtains registration information and notifies the respondent. The usual response period is 20 days; an additional four calendar days may be requested. Failure to respond does not automatically establish the complaint. The panel considers the record and necessary evidence. Implementation by the registrar normally follows a ten-business-day waiting period and may be stayed by timely evidence of court proceedings. The parties need not reside in the same country. Duration varies. UDRP proceedings do not award costs, and reimbursement through court proceedings requires a separate legal basis.

Can an arbitration procedure be conducted for every kind of domain?

No. The applicable domain rules determine whether UDRP or another ADR procedure is available. There is no mandatory UDRP procedure for .de domains. DENIC’s DISPUTE entry restricts transfers while a claimed entitlement is resolved, but does not decide that entitlement. The .eu domain has its own ADR rules. A voluntary arbitration agreement requires separate assessment.

What does an arbitration procedure cost?

As of 1 November 2026, the standard WIPO UDRP filing fee for 1–5 domains is USD 1,500 for a single-member panel and USD 4,000 for three members. The expedited service for an eligible single-member case covering 1–5 domains costs the complainant USD 4,000. Legal representation and other expenses are additional; total costs depend on the engagement. Other providers and .eu ADR have their own fee schedules.

Which services do we offer?

In the area of Domain Law, arbitration proceedings in the form of UDRP procedures (Uniform Domain Name Dispute Resolution Policy) or other kind of arbitration proceedings are really important; they can help us overcoming Domain Law complicacies straight at the root of the problem.

We are experts in the following legal activities:

Out-of-court dispute settlement before international and national arbitration tribunals.
Consultation and representation throughout the Dispute Resolution Process (DRP) / UDRP / ADR procedures;
representation of interests of domain owners and holders of intellectual property rights;
Consultation and representation in domain allocation procedures and any subsequent arbitration proceedings;
Alternative settlement of disputes with alternative clarification of the domain conflict: trustee / anonymous purchase and sale of domains;
Representation in court proceedings;
Representation in penal proceedings.

Further information are available on the website http://www.disputeresolution24.de and http://www.dieDomainrechtler.de.

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