Article
1. Definitions
(1) "The Rules" refer to the Rules for China Internet Network
Information Center Domain Name Dispute Resolution Policy as approved
and implemented by China Internet Network Information Center (CNNIC)
on 30 September 2002.
(2) "The Policy" refers to China Internet Network Information
Center Domain Name Dispute Resolution Policy as approved and implemented
by CNNIC on 30 September 2002.
(3) "The Supplemental Rules" mean these Rules which are Supplemental
to the Policy and are adopted by China International Economic and
Trade Arbitration Commission (CIETAC) to assess Complaints regarding
Domain Name Dispute and administer proceedings in conformity with
"the Rules" and where required supplement them.
(4) "The Center" refers to The Domain Name Dispute Resolution
Center of China International Economic and Trade Arbitration Commission
(CIETAC).
(5) Any terms defined in the Rules shall have the same meaning
in these Supplemental Rules.
Article
2. Scope
(1) The Supplemental Rules are to be read and used in connection
with the Policy and the Rules.
(2) Any Complaint submitted to the Center shall abide by the
Policy, the Rules and the Supplemental Rules.
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Article
3. Communications
between Parties and the Center
(1) Unless otherwise agreed beforehand with the Center,
any submission that may or is required to be made to the Center pursuant
to the Rules, the Policy and the Supplemental Rules may be made:
(a) by telecopy or facsimile, with a confirmation of transmission;
(b) by postal or courier service, with postage pre-paid and
documentary verification of service and, for the purposes of this
sub-rule, double registered post shall constitute good service; or
(c) electronically via the Internet, provided that a record
of its transmission is available. For any electronic communications
to the Center, the email address domain@CIETAC.org shall be used.
(2) All documentation submitted in hard copy form to the Center
by the Parties shall be submitted in two (2) (in case of one-member
Panel) or four (4) sets (in cafe of three-member Panel) together with
the original copy marked "Original".
(3) The Center shall maintain an archive of all communications
received or required to be made under the Rules and the Supplemental
Rules for a period of one year from the date of filing the initial
Complaint from the Complainant. Subsequently, all communications and
documentation received shall be destroyed.
Article
4. Communications
Between Parties and the Panel
(1) Where a Party intends to send any communications which
are required to be made to the Panelist(s), it shall be addressed
through the case administrator designated by the Center. No party
may have any unilateral communications with any member of the Panel.
(2) Where a Party sends any communications to the Center, it
shall at the same time send a copy to the other Party with verification
of service lodged with the Center.
(3) The Parties may communicate with the Center by phone, fax,
email, or the ordinary postal or courier service. Any communication
by post shall be deemed to be received in four (4) days after posting
in the case of local mail or in seven (7) days in respect of overseas
mail. While any instantaneous means of communications shall be deemed
to be received on the same day as transmitted.
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Article
5. The
Complaint
(1) The Complaint filed by the Complainant to the Center shall
be submitted in hard copy and (except to the extent not available
for annexes) in electronic form, and the uniform standard format set
out by the Center shall be adopted.
(2) The Complainant shall be required to send its Complaint
to the Center in accordance with "the Complainant Filing Guidelines",
using Form C under the cover of the "Complaint Transmittal Coversheet"
(CTC) which are set out and posted on the Center's website at http://dndrc.cietac.org.
(3) In accordance with Article 4 and Article 12(12) of the
Rules, the Complainant shall provide a copy of the Complaint to the
Respondent and the concerned Registrar(s) at the same time as it submits
its Complaint to the Center.
(4) In accordance with Article 14 of the Rules, the Center
shall forward the Complaint to the Respondent(s) within three (3)
calendar days following receipt of the fixed initial fee by the Complainant.
(5) The case proceedings shall be deemed to have commenced
on the date that the Center forwards the Complaint to the Respondent(s).
Article
6. The
Response
(1) Within twenty (20) days of the date of commencement of
the case proceedings, the Respondent shall submit a Response to the
Center.
(2) The Response submitted by the Respondent to the Center
shall be submitted in hard copy and (except to the extent not available
for annexes) in electronic form, and the uniform standard format set
out by the Center shall be adopted.
(3) The Respondent shall be required to send its Response to
the Center in accordance with "the Response Filing Guidelines", using
Form R which is set out and posted on the Center's Web site http://dndrc.cietac.org.
(4) In accordance with Article 4 and Article 18(7) of the Rules,
the Respondent shall provide a copy of the Response to the concerned
Complainant(s).
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Article
7. The
Center's Compliance Review
(1) The Center shall, within three (3) calendar days of acknowledging
the Complaint, examine the Complaint for compliance with the Policy,
the Rules and the Supplemental Rules.
(2) If in compliance, the Center shall forward the copy of
the Complaint to the Respondent, in the manner prescribed by the Rules,
within three (3) calendar days following receipt of the fees to be
paid by the Complainant in accordance with the Rules.
(3) If the Center finds the Complaint to be administratively
deficient, it shall promptly notify the Complainant of the nature
of the deficiencies identified. The Complainant shall remedy any deficiencies
identified by the Center within five (5) calendar days. Failing this,
the case proceedings shall be deemed withdrawn in accordance with
Article 14 of the Rules.
Article
8. Appointment
of Panelist(s)
The Center shall maintain and publish a list of Panelist(s)
and their qualifications. Any Party may refer to the Center's Web
site at http://dndrc.cietac.org for details. For the panelist(s) appointment
of specific case, the Center shall appoint suitable person(s) from
the list, having regard to:
(1) the nature of the dispute;
(2) the availability of the Panelist(s);
(3) the identity of the Parties;
(4) the independence and impartiality of the Panelist(s); and
(5) any stipulation in the relevant Registration Agreement.
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Article
9. Impartiality
and Independence
(1) The Panelist(s) shall be and remain at all times wholly
independent and impartial, and shall not act as advocate for any Party
during the proceedings.
(2) Prior to the appointment, any proposed Panelist(s) shall
declare in writing to the Parties and the Center any circumstances
which are likely to create an impression of bias or prevent a prompt
resolution of the dispute between the Parties. Except by consent of
the Parties, no person shall serve as a Panelist(s) in any dispute
in which that person has any interest, which, if a Party knew of it,
might lead him/her to think that the Panelist(s) might be biased.
(3) After a Panelist(s) has been appointed but before rendering
a decision, a Panelist(s) dies, is unable to act, or refuses to act,
the Center will, upon request by either Party, appoint a replacement
Panelist(s).
Article
10. Panel
Decision
(1) A Panel shall make its decision in electronic form
and in hard copy and state the reasons upon which the decision is
based. The decision shall be dated and signed by the Panelist(s) according
to the requirements set forth in Article 40 of the Rules.
(2) The Panel shall forward its decision to the Center within
fourteen (14) days of its appointment. In exceptional circumstances,
the Center may extend the time limit as required for the Panel to
forward its Decision.
Article
11. Publication
of Panel Decision
The Center shall within three (3) calendar days of its receipt
of a decision from the Panelist(s) submit the decision to the Parties,
the concerned Registrar(s) and CNNIC. Unless the Panel determines
otherwise, the Center shall publish the full decision on the Center's
website and list the followings:
(1) the case number;
(2) the Domain Name that is in dispute and is the subject of
a Complaint;
(3) the names of the Complainant and the Respondent;
(4) the decision rendered by the Panelist(s); and
(5) the publishing date of the Decision.
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Article
12. Correction
of Panel Decision
(1) Within seven (7) days of receiving the decision, a Party
may by written notice to the Center and the other Party requests the
Panel to correct in the decision any errors in computation, any clerical
or typographical errors or any errors of a similar nature. Any such
corrections shall be given in electronic form and in hard copy to
the Parties and shall become a part of the decision.
(2) The Panel may correct any errors on its own initiative
of the type referred to in Article 12(1) within seven (7) days of
the date of the decision being rendered.
Article
13. Limits
on Description of Written Statements
(1) In accordance with Article 12(9)(3) and Article 18(1) of
the Rules, the (maximum) word limit in the part of "Facts and Legal
Grounds" in the Complaint and Response shall be 3,000 words respectively.
Parties are required to observe this as the Panel in its own discretion
shall have liberty to ignore those words exceeding the maximum stated
limit.
(2) In accordance with Article 39 and 40 of the Rules, the
Panel in its own discretion shall have liberty to determine the length
of its Decision. There shall be no set word limit of the Panel's Decision.
Article 14. Appointment
of Case Administrator
(1) Upon acceptance of the Complaint, the Center shall appoint
a member of its staff who shall be the Case Administrator and shall
be responsible for the procedural matters relating to the dispute.
The Case Administrator shall provide administrative assistance to
the Panel, but shall have no authority to decide matters of a substantive
nature concerning the domain name dispute.
(2) Communication between the Panelist(s) and the Parties
shall be coordinated through the Case Administrator.
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Article
15. Fees
(RMB)
(1) The applicable fees for documents-only administrative
procedure are specified as follows:
Panel
|
Domain Name Number
|
Total Fees
|
Administration
Fee
|
Fee for Panelists
|
Single
Panelist
|
1
|
3,000
|
1,500
|
1,500
|
2 to 5
|
5,000
|
2,000
|
3,000
|
6 to 10
|
7,000
|
3,500
|
3,500
|
10 or more
|
8,000
|
4,000
|
4,000
|
Three
Panelists
|
1
|
6,000
|
3,000
|
Presiding Panelist: 1,500
Each Co-Panelist: 750
|
2 to 5
|
9,000
|
3,000
|
Presiding Panelist: 3,000
Each Co-Panelist: 1,500
|
6 to 10
|
11,000
|
4,000
|
Presiding Panelist: 3,500
Each Co-Panelist: 1,750
|
10 or more
|
13,000
|
5,000
|
Presiding Panelist: 4,000
Each Co-Panelist: 2,000
|
(2) Within three (3) days after submitting the
Complaint to the Center, the Complainant shall, based on the number
of the Panelists designated and the number of the disputed domain
names, pay the initial fixed fees to the Center in accordance with
the above Fee Schedule. If the Complainant fails to make the payment
within 8 days since the submission of the Complaint, the Complaint
shall be deemed withdrawn and the proceedings terminated thereupon.
(3) Fees to be paid to the Center in accordance with the Supplemental
Rules may be paid by cash, check, telegraphic transfer or draft made
payable to "China International Economic and Trade Arbitration Commission".
Generally, all fees to be paid are in Chinese currency (RMB).If US
Dollar is used, the exchange rate calculation shall be based on the
current prevailing rate of exchange.
(4) The Complainant shall be responsible for paying the total
fees provided that the Respondent has to share the fees when the Respondent
chooses to have the Complaint decided by three (3) Panelists while
the Complainant has chosen one (1) Panelist.
(5) The said fees do not include any payments that might have
to be made to a lawyer representing a Party.
(6) All bank charges, transfer fees or other amounts that may
be levied in connection with a payment made to the Center shall be
the responsibility of the Party making the payment.
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Article
16. Exclusion
of Liability
(1) Without prejudice to any existing rule of law, no Panelist
shall be liable to any Party, a concerned Registrar or CNNIC for any
act or omission in connection with the administrative proceedings
conducted under the Rules, the Policy and the Supplemental Rules,
save in the case of fraud or dishonesty or deliberate wrongdoing.
(2) Without prejudice to any existing rule of law, the Center,
its officers and its staff, shall not be liable to any Party, a concerned
Registrar or CNNIC for any act or omission in connection with any
administrative proceedings conducted under the Rules, the Policy and
the Supplemental Rules, save in the case of fraud or dishonesty or
deliberate wrongdoing.
Article
17. Amendments
Subject to the Rules and the Policy, the Center may amend the Supplemental
Rules from time to time at its sole discretion. The amended Supplemental
Rules shall come into force after with the express approval of CNNIC.
Article
18. Interpretation
This Supplemental Rules are subject to the interpretation of CIETAC.
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