A dispute resolution procedure can only be used if you have rights to a domain name which someone else has registered 'abusively' or in bad faith. By contrast, court action can be taken on other grounds: for example, if someone is breaching your intellectual property rights or libelling you.
In terms of outcomes, successful use of a dispute resolution procedure will result in the domain name being transferred to you. If you want to claim damages, you will need to take court action. Bear in mind, however, that it may be impossible to enforce judgment, particularly against individuals or companies based overseas.
Where there is a choice, using a dispute resolution procedure is generally faster and incurs lower costs than going to court. In some cases, you might wish to use both: the successful outcome of a dispute resolution procedure can be presented as evidence in a court case.
However, in some circumstances, you may need to seek an urgent injunction from the Court, which if available may be obtained within a matter of days, although the legal costs will run to some £5,000 to £10,000 very rapidly.
As with any litigation, you should take advice on the best option and how to proceed.
