FAQ's

1. To which disputes does the China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP) apply?
2. What kind of action can be taken if one wishes to file a Complaint regarding a registered CN domain name and Chinese domain name?
3. Who is entitled to commence an administrative proceeding under the CNNIC Domain Name Dispute Resolution Policy (CNDRP) and its related Rules of Procedure?
4. On what grounds can an administrative proceeding in regard to a dispute in connection with a registered CN domain name or a Chinese domain name be based?
5. What constitutes "bad faith" in connection with the registration and use of a registered CN domain name or Chinese domain name?
6. What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding CN domain names or Chinese domain names?
7. What are the steps in the administrative proceeding process in regard to a dispute involving a CN domain name or Chinese domain name?
8. How long should a CN administrative proceeding process take?
9. What is the language of a CN administrative proceeding?
10. How much does an administrative proceeding in regard to a disputed CN domain name or Chinese domain name cost?
11. How are fees in regard to a CN domain name or Chinese domain name dispute administrative proceeding to be paid?
12. Is it necessary for a Party to be represented by a lawyer in a CN domain name or Chinese domain name dispute administrative proceeding?
13. Can a Complaint include more than one disputed CN domain name or Chinese domain name?
14. Will CNNIC and the Registrar of the disputed CN domain name or Chinese domain name involve in the administrative proceeding?
15. If a Complainant duly commences an administrative proceeding regarding a CN domain name or a Chinese domain name, can the Complainant still go to courts in connection with the disputed CN domain name or Chinese domain name?
16. Will a Party against whom an administrative proceeding in regard to a CN domain name or Chinese domain name is filed have recourse to the courts?
17. Where can I obtain information about who the registered holder of a CN domain name or Chinese domain name is?
18. What happens if a Complaint in respect of a CN domain name or Chinese domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?
19. Is it necessary for a Party against whom a Complaint in respect of a CN domain name or Chinese domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?
20. What happens if a Response is not filed on time or at all?
21. How is a Panel for an administrative proceeding in respect of a CN domain name dispute or a Chinese domain name dispute established?
22. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?
23. What kind of Decision can a Panel make in a CN domain name or Chinese domain name administrative proceeding?
24. Is it possible to challenge a Decision in respect of a CN domain name or a Chinese domain name made by a Panel pursuant to an administrative proceeding?
25. How is a Decision of a Panel in respect of a CN domain name and a Chinese domain name administrative proceeding carried out?

1. To which disputes does the China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP) apply?

Answer: The China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP) applies to disputes involving registered CN domain names and Chinese domain names.

2. What kind of action can be taken if one wishes to file a Complaint regarding a registered CN domain name and Chinese domain name?

Answer: Under the China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP), the action to be taken is to commence an administrative proceeding by filing a Complaint with a domain name dispute resolution provider appointed by the China Internet Network Information Center (CNNIC), such as the Hong Kong International Arbitration Centre (HKIAC) in accordance with the CNNIC Domain Name Dispute Resolution Policy (CNDRP), its related Rules of Procedure and the Supplemental Rules of the domain name dispute resolution provider, such as the Hong Kong International Arbitration Centre (HKIAC).

3. Who is entitled to commence an administrative proceeding under the CNNIC Domain Name Dispute Resolution Policy (CNDRP) and its related Rules of Procedure?

Answer: Any person or company is entitled to commence such a proceeding.

4. On what grounds can an administrative proceeding in regard to a dispute in connection with a registered CN domain name or a Chinese domain name be based?

Answer: Article 8 of China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP) states that the Complainant commencing an administrative proceeding in connection with a registered CN domain name or a Chinese domain name must prove the following:-

1. the disputed domain name is identical with or confusingly similar to the Complainant's name or mark in which the Complaint has civil rights or interests;
2. the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain name;
3. the disputed domain name holder has registered or is being used the domain name in bad faith.

It should be noted that in order to succeed in an administrative proceeding under the China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP), it is necessary for the Complainant to prove that all three (3) elements are present.

5. What constitutes "bad faith" in connection with the registration and use of a registered CN domain name or Chinese domain name?

Answer: Article 9 of China Internet Network Information Center Domain Name Dispute Resolution Policy (CNDRP) gives the following as examples of evidence of the presence of bad faith, it being important to note that these are examples and are indicative only and are not limitative:-

1. The purpose for registering or acquiring the domain name is to sell, rent or otherwise transfer the domain name registration to the complainant who is the owner of the name or mark or to a competitor of that complainant, and to obtain unjustified benefits;
2. the disputed domain name holder registered the domain name in order to prevent the owners of the name or mark from reflecting the name or the mark in a corresponding domain name, provided that the domain name holder has been engaged in a pattern of such conduct;
3. the disputed domain name holder has registered or acquired the domain name for the purpose of damaging the Complainant's reputation, disrupting the Complainant's normal business or creating confusion with the Complainant's name or mark so as to mislead the public;
4. other circumstances which may prove the bad faith.

6. What is the role of the Hong Kong International Arbitration Centre (HKIAC) in the dispute resolution process regarding CN domain names or Chinese domain names?

Answer: The Hong Kong International Arbitration Centre (HKIAC) has been appointed by the China Internet Network Information Centre (CNNIC) as one of the two (2) dispute resolution providers. As such, the HKIAC administers the administrative proceedings brought under the CNNIC Domain Name Dispute Resolution Policy (CNDRP) in accordance with the Rules for the CNNIC Domain Name Dispute Resolution Policy and the HKIAC's own Supplemental Rules.

7. What are the steps in the administrative proceeding process in regard to a dispute involving a CN domain name or Chinese domain name?

Answer: Generally speaking, the steps are as follows:-

1. The Complainant files a Complaint with the Hong Kong International Arbitration Centre;
2. The HKIAC notifies the registered holder of the CN domain name or Chinese domain name in question of the Complaint and sends a copy of the Complaint to the registered holder;
3. the registered holder of the CN domain name or Chinese domain name in question files a Response;
4. the HKIAC selects the Panel of one or three persons, as the case may be, which will conduct the administrative proceeding in respect of the disputed CN domain name or Chinese domain name and which will make a determination in regard to the dispute;
5. the Panel conducting the administrative proceeding renders its Decision;
6. if the Decision of the Panel conducting the administrative proceeding requires that the CN domain name or Chinese domain name in question be cancelled or transferred, the Decision is implemented.

   Also see the Flow chart of Proceedings.

8. How long should a CN administrative proceeding process take?

Answer: The administrative proceedings process should under normal circumstances take less than 60 days from the date a Complaint is duly filed with the Hong Kong International Arbitration Centre (HKIAC) until the Parties and the relevant Registrar are notified of the Decision of the Panel conducting the administrative proceedings.

9. What is the language of a CN administrative proceeding?

Answer: Article 8 of the Rules for the CNNIC Domain Name Dispute Resolution Policy states that unless otherwise agreed between the Parties, the language of the administrative proceedings shall be Chinese, subject always to the authority of the Panel conducting the administrative proceeding to determine otherwise, having regard to all the circumstances of the administrative proceeding in question. In addition, a Panel conducting an administrative proceeding may order that any documents submitted in a language other than the language of the administrative proceeding shall be accompanied by a translation in whole or in part into the language of the administrative proceeding.

10. How much does an administrative proceeding in regard to a disputed CN domain name or Chinese domain name cost?

The costs of the administrative proceedings are set by the domain name dispute resolution provider in consultation with the China Internet Network Information Center (CNNIC)

According to Article 15 of the Supplemental Rules for the CNNIC Domain Name Dispute Resolution Policy, the fees are as follows:

Normally, the Complainant is responsible for paying all the fees, unless the Respondent (i.e. the holder of the CN domain name or Chinese domain name which is in dispute) chooses to have the administrative proceeding conducted by a Panel of three (3) Panelists whereas the Complainant has chosen to have the Complaint decided by one (1) Panelist, in which case the fees are to be shared equally between the Parties.

It should also be noted, that according to Article 48 of the Rules for the CNNIC Domain Name Dispute Resolution Policy, in the exceptional circumstances that an in-person hearing is required, there will be additional fees to be paid which amount will be established by the HKIAC in agreement with the Parties and the Panel.

The fees referred to above do not include any payments that a Party might have to pay to a lawyer or other representative representing such Party, which is a matter entirely for such Party.

11. How are fees in regard to a CN domain name or Chinese domain name dispute administrative proceeding to be paid?

Answer: According to the HKIAC Supplemental Rules for the CNNIC Domain Name Dispute Resolution Policy, fees are to be paid to the HKIAC free of any bank charges, transfer fees or any withholdings, in Renminbi (RMB) / United States Dollars (US$), by way of cash, cheque, draft or telegraphic transfer. Cheques or drafts are to be made payable to "Hong Kong International Arbitration Centre".

Telegraphic transfers are to be made as follows:

Account name: Hong Kong International Arbitration Centre
Account no.: 004-567-190897-001
Bank: The Hongkong and Shanghai Banking Corporation Limited

12. Is it necessary for a Party to be represented by a lawyer in a CN domain name or Chinese domain name dispute administrative proceeding?

Answer: No, it is not required, although a Party might well find it useful to engage the services of a legal advisor for the purpose. A Party may represent itself or be represented by any person such Party may choose.

13. Can a Complaint include more than one disputed CN domain name or Chinese domain name?

Answer: Yes. According to Article 13 of the Rule for the CNNIC Domain Name Dispute Resolution Policy, a Complaint may relate to more than one domain name, provided that the domain names in question are registered by the same domain name holder. Also please note that Article 36 of the Rule for the CNNIC Domain Name Dispute Resolution Policy provides that in the event of multiple disputes between a domain name holder and a Complainant, either Party may petition the first Panel to hear a pending dispute between the Parties, to consolidate the disputes before a single Panel. In such event the Panel, in its sole discretion, may consolidate any or all of the disputes in question before it, provided that the disputes being consolidated are governed by the CNDRP.

14. Will CNNIC and the Registrar of the disputed CN domain name or Chinese domain name involve in the administrative proceeding?

Answer: No. According to Article 12 of the CNNIC Domain Name Dispute Resolution Policy (CNDRP), CNNIC and the relevant Registrar will not participate in the administration or conduct of an administrative proceeding in respect of a CN domain name or a Chinese domain name, and neither will the relevant Registrar be liable as a result of a Decision rendered by a Panel which has conducted an administrative proceeding. The relevant Registrar is not to be named as a party or otherwise in any administrative proceeding.

The foregoing having been said, the relevant Registrar of course will implement a Decision of a Panel which after conducting an administrative proceeding calls for the cancellation or the transfer of a domain name which was in dispute.

15. If a Complainant duly commences an administrative proceeding regarding a CN domain name or a Chinese domain name, can the Complainant still go to courts in connection with the disputed CN domain name or Chinese domain name?

Answer: Article 14 of the CNNIC Domain Name Dispute Resolution Policy (CNDRP) states that the administrative proceedings called for under the CNDRP shall not prevent either a Complainant or a domain name holder from submitting the dispute to a court in the place where CNNIC is situated or to go for an arbitration before the administrative proceeding is commenced or after the administrative proceeding is concluded. According to Article 41 (2) of the Rules for the CNNIC Domain Name Dispute Resolution Policy in the event that a Party initiates any legal proceeding during the pendency of an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, such Party shall promptly notify the Panel and the HKIAC. Article 41 (2) of the Rules for the CNNIC Domain Name Dispute Resolution Policy states that in the event that any legal proceeding is initiated prior to or during an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, the Panel appointed to deal with the administrative proceeding in question shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to continue to render a Decision.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

16. Will a Party against whom an administrative proceeding in regard to a CN domain name or Chinese domain name is filed have recourse to the courts?

Answer: Article 14 of the CNNIC Domain Name Dispute Resolution Policy (CNDRP) states that the administrative proceedings called for under the CNDRP shall not prevent either a Complainant or a domain name holder from submitting the dispute to a court in the place where CNNIC is situated or to go for an arbitration before the administrative proceeding is commenced or after the administrative proceeding is concluded. According to Article 41 (2) of the Rules for the CNNIC Domain Name Dispute Resolution Policy in the event that a Party initiates any legal proceeding during the pendency of an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, such Party shall promptly notify the Panel and the HKIAC. Article 41 (2) of the Rules for the CNNIC Domain Name Dispute Resolution Policy states that in the event that any legal proceeding is initiated prior to or during an administrative proceeding in respect of the domain name which is the subject of the administrative proceeding, the Panel appointed to deal with the administrative proceeding in question shall have the discretion to decide whether to suspend or terminate the administrative proceeding, or to continue to render a Decision.

It should be noted that if a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

17. Where can I obtain information about who the registered holder of a CN domain name or Chinese domain name is?

Answer: Information on registered CN domain name or Chinese domain name holders can be obtained by clicking on www.cnnic.org.cn to enquire the domain name database.

18. What happens if a Complaint in respect of a CN domain name or Chinese domain name is filed and it is determined by the Hong Kong International Arbitration Centre (HKIAC) to be deficient when the HKIAC undertakes Compliance Review?

Answer: According to Article 7 of the HKIAC Supplemental Rules for the CNNIC Domain Name Dispute Resolution Policy, if the HKIAC determines that there are deficiencies in the Complaint, the HKIAC shall notify the Complainant of such deficiencies and the Complainant shall remedy such deficiencies within five (5) calendar days.

19. Is it necessary for a Party against whom a Complaint in respect of a CN domain name or Chinese domain name has been filed with the Hong Kong International Arbitration Centre (HKIAC) to respond?

Answer: Yes. Under the terms of the Registration Agreement between the Registrar and the registered holder of a CN domain name or Chinese domain name, the latter agreed to participate in any administrative proceeding commenced in respect of the CN domain name or Chinese domain name in question.

20. What happens if a Response is not filed on time or at all?

Answer: According to Article 17 of the Rules for CNDRP and Article 6 of the HKIAC Supplemental Rules for CNDRP, a Party who is the registered holder of a CN domain name and Chinese domain name against whom a Complaint is filed with the HKIAC must respond within twenty (20) calendar days of the date the HKIAC transmits the Complaint to such Party. In the event that such person, otherwise known as the Respondent, does not file a Response (including the payment of any relevant fees) within the said twenty (20) calendar days, according to Article 31 of the Rules for the CNDRP, the Panel will decide the case based on the information available to it.

21. How is a Panel for an administrative proceeding in respect of a CN domain name dispute or a Chinese domain name dispute established?

Answer: The Panels which conduct CN domain name disputes or Chinese domain name disputes are composed of one (1) or three (3) Panelists, as the case may be. The Hong Kong International Arbitration Centre (HKIAC) maintains a list of Panelists whom the HKIAC considers to be independent, reputable, knowledgeable, experienced, impartial and suited to undertake the task of deciding disputes in respect of CN domain names or Chinese domain names. The HKIAC selects the Panelists to sit on a CNNIC Domain Name Dispute Resolution Policy Panel on a case-by-case basis in light of the following criteria:- the nature of the dispute, the availability of the Panelist(s), the identity of the Parties, the independence and impartiality of the Panelist (s), any stipulations in the relevant Registration Agreement and any suggestions made by the Parties themselves.

Prior to an appointment, a proposed Panelist must declare in writing to the Parties and the HKIAC any circumstances which could give rise to any justifiable doubt as to the Panelist's impartiality or independence or prevent a prompt resolution of the dispute in question. If, at any stage during an administrative proceeding, new circumstances arise that could give rise to justifiable doubt as to the impartiality or independence of a Panelist, the Panelist in question shall promptly disclose such circumstances to the HKIAC, in which event the HKIAC shall have the discretion to appoint a substitute Panelist. Unless the Parties otherwise agree, no person shall serve as a Panelist in a dispute in which that person has any interest which, if a Party knew of it, might lead the Party to think that the Panelist might not be impartial or independent.

22. How long does a Panel which is conducting an administrative proceeding have in order to render a Decision in the proceeding?

Answer: According to Article 37 of the Rules for CNDRP, in the absence of exceptional circumstances the Panel in question shall forward to the Hong Kong International Arbitration Centre (HKIAC) the Panel's Decision on a Complaint within fourteen (14) calendar days of the appointment of the Panel.

The HKIAC shall communicate the Decision of Panel to the Parties and the Registrar of the CN domain name or Chinese domain name which was the object of the administrative proceeding within three (3) calendar days of the receipt by the HKIAC of the Decision.

23. What kind of Decision can a Panel make in a CN domain name or Chinese domain name administrative proceeding?

Answer: A Decision by a Panel conducting a CN domain name dispute or a Chinese domain name dispute administrative proceeding must be in writing. The kinds of Decision a Panel conducting a CN domain name dispute or a Chinese domain name dispute may render are limited. That is, a Panel might decide in one of two ways - (a) that the Complaint is not justified, in which case the existing registered CN domain name or Chinese domain name holder shall be entitled to retain the CN domain name or Chinese domain name in question; or (b) the Panel may decide that the Complaint is justified in which case the Panel will order that the domain name in dispute should be cancelled or transferred to the Party which brought the Complaint.

It should be noted that if a Panel, which conducts a CN domain name dispute or a Chinese domain name dispute administrative proceeding finds that a Complaint was brought in bad faith and constitutes an abuse of the administrative proceeding, the Panel is required to state in its Decision that this was the case.

A Panel may neither make money awards nor awards relating to costs, including without limitation, lawyer's fees and costs.

24. Is it possible to challenge a Decision in respect of a CN domain name or a Chinese domain name made by a Panel pursuant to an administrative proceeding?

Answer: Article 14 of the CNNIC Domain Name Dispute Resolution Policy (CNDRP) states that the administrative proceedings called for under the CNDRP shall not prevent either a Complainant or a domain name holder from submitting the dispute to a court in the place where CNNIC is situated or to go for an arbitration before the administrative proceeding is commenced or after the administrative proceeding is concluded.

If a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.

25. How is a Decision of a Panel in respect of a CN domain name and a Chinese domain name administrative proceeding carried out?

Answer: If a Panel decides that a domain name registration should be cancelled or transferred, the Registrar of the domain name in question will wait for ten (10) days (as observed in the location of the principal office of the Registrar) after the Registrar is informed by the HKIAC of the Panel's Decision before implementing the Decision. The Registrar will implement the Decision, unless it receives from the domain name holder (the Respondent) during the ten (10) days period, official documentation (such as a copy of a complaint, file-stamped by the clerk of the relevant court) that the domain name holder (the Respondent) has commenced a lawsuit against the Complainant in a jurisdiction. If the Registrar receives such documentation within the said ten (10) days period, the Registrar will not implement the Panel's cancellation or transfer Decision, and the Registrar will take no further action, until the Registrar receives (i) evidence satisfactory to it of a resolution between the Parties; (ii) evidence satisfactory to the Registrar that the domain name holder's (the Respondent's) lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the domain name holder's (the Respondent's) lawsuit or ordering that the domain name holder (the Respondent) does not have the right to continue to use the domain name in question.