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HONG KONG INTERNATIONAL ARBITRATION
CENTRE
SUPPLEMENTAL RULES TO CHINA INTERNET NETWORK INFORMATION CENTER
(CNNIC) DOMAIN NAME DISPUTE RESOLUTION POLICY
THE SUPPLEMENTAL RULES
(IN EFFECT AS OF 8 OCTOBER 2007)
Article 1. Definitions
- "The Rules" refer to the Rules for China Internet
Network Information Center Domain Name Dispute Resolution Policy
as approved and implemented by CNNIC on 8 October 2007.
- "The Policy" refers to China Internet Network Information
Center Domain Name Dispute Resolution Policy as approved and implemented
by CNNIC on 17 March 2006.
- "The Supplemental Rules" mean these Rules which are
Supplemental to the Policy and are adopted by Hong Kong International
Arbitration Centre (HKIAC) to assess Complaints regarding Domain
Name Dispute and administer proceedings in conformity with "the
Rules" and where required supplement them.
- "The Centre" refers to The Hong Kong International
Arbitration Centre (HKIAC).
- Any terms defined in the Rules shall have the same meaning in
these Supplemental Rules.
Article 2. Scope
- The Supplemental Rules are to be read and used in connection
with the Policy and the Rules.
- Any Complaint submitted to the Centre shall abide by the Policy,
the Rules and the Supplemental Rules.
Article 3. Communications between Parties and the
Centre
- Unless otherwise agreed beforehand with the Centre, any submission
that may or is required to be made to the Centre pursuant to the
Rules, the Policy and the Supplemental Rules may be made:
- by telecopy or facsimile, with a confirmation of transmission;
or
- 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
- electronically via the Internet, provided that a record of
its transmission is available. For any electronic communications
to the Centre, the email address cndomain@hkiac.org
shall be used.
- All documentation submitted in hard copy form to the Centre
by the Parties shall be submitted in two (2) (in case of one-member
Panel) or four (4) sets (in case of three-member Panel) together
with the original copy marked "Original".
- The Centre 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
- 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 Centre. No party may have
any unilateral communications with any member of the Panel.
- Where a Party sends any communications to the Centre, it shall
at the same time send a copy to the other Party with verification
of service lodged with the Centre.
- The Parties may communicate with the Centre 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.
Article 5. The Complaint
- The Complaint filed by the Complainant to the Centre shall be
submitted in electronic form (except to the extent not available
for annexes), and the uniform standard format set out by the Centre
shall be adopted.
- The Complainant shall be required to send its Complaint to the
Centre in accordance with "the Complainant Filing Guidelines",
using Form C_CN under the cover of the "Complaint Transmittal
Coversheet" (CTC) which are set out and posted on the Centre's
website www.hkiac.org.
- In accordance with Article 14 of the Rules, the Centre shall
forward the Complaint to the Respondent(s) following receipt of
the fixed initial fee by the Complainant.
- The case proceedings shall be deemed to have commenced on the
date that the Centre forwards the Complaint to the Respondent(s).
Article 6.The Response
- Within twenty (20) days of the date of commencement of the case
proceedings, the Respondent shall submit a Response to the Centre.
- The Response submitted by the Respondent to the Centre shall
be submitted in electronic form (except to the extent not available
for annexes), and the uniform standard format set out by the Centre
shall be adopted.
- The Respondent shall be required to send its Response to the
Centre in accordance with "the Response Filing Guidelines",
using Form R_CN which is set out and posted on the Centre's website
www.hkiac.org.
Article 7. The Centre's Compliance Review
- The Center shall examine the Complaint for compliance with the
Policy, the Rules and the Supplemental Rules.
- If in compliance, the Centre shall forward the copy of the Complaint
to the Respondent, in the manner prescribed by the Rules following
receipt of the fees to be paid by the Complainant in accordance
with the Rules.
- If the Centre 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 Centre within the required period of time. Failing
this, the case proceedings shall be deemed withdrawn in accordance
with Article 14 of the Rules.
Article 8. Appointment of Panelist(s)
The Centre shall maintain and publish a list of Panelist(s) and
their qualifications. Any Party may refer to the Centre's website
at http://www.hkiac.org
for details. For the panelist(s) appointment of specific case, the
Centre shall appoint suitable person(s) from the list, having regard
to:
- 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 stipulation in the relevant Registration Agreement.
Article 9. Impartiality and Independence
- 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.
- Prior to the appointment, any proposed Panelist(s) shall declare
in writing to the Parties and the Centre 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.
- 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 Centre will, upon request by either Party, appoint a
replacement Panelist(s).
Article 10. Panel Decision
- A Panel shall make its decision in electronic form 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.
- The Panel shall forward its decision to the Centre within fourteen
(14) days of its appointment. In exceptional circumstances, the
Centre may extend the time limit as required for the Panel to
forward its Decision.
Article 11. Publication of Panel Decision
The Centre 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 via email. Unless the Panel
determines otherwise, the Centre shall publish the full decision
on the Centre's website.
Listing:
- the case number;
- the Domain Name that is in dispute and is the subject of a Complaint;
- the names of the Complainant and the Respondent;
- the decision rendered by the Panelist(s);
- the publishing date of the Decision.
Article 12. Correction of Panel Decision
- Within seven (7) days of receiving the decision, a Party may
by written notice to the Centre 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.
- 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
- In accordance with Article 12(ix)(3) and Article 18(i) 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.
- 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
- Upon acceptance of the Complaint, the Centre 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.
- Communication between the Panelist(s) and the Parties shall
be coordinated through the Case Administrator.
Article 15. Fees (RMB)
- 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 |
4,000 |
2,000 |
2,000 |
| 2 to 5 |
6,000 |
3,000 |
3,000 |
| 6 to 10 |
8,000 |
4,000 |
4,000 |
| 10 or more |
9,000 |
4,500 |
4,500 |
Three
Panelists |
1 |
7,000 |
3,000 |
| 4,000 |
Presiding Panelist: 2,000 |
| Each Co-Panelist: 1,000 |
|
| 2 to 5 |
10,000 |
4,000 |
| 6,000 |
Presiding Panelist: 3,000 |
| Each Co-Panelist: 1,500 |
|
| 6 to 10 |
12,000 |
4,500 |
| 7,500 |
Presiding Panelist: 3,500 |
| Each Co-Panelist: 2,000 |
|
| 10 or more |
14,000 |
5,000 |
| 9,000 |
Presiding Panelist: 4,000 |
| Each Co-Panelist: 2,500 |
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- Within three (3) days after submitting the Complaint to the
Centre, 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 Centre 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.
- Fees to be paid to the Centre in accordance with the Supplemental
Rules may be paid by cash, cheque, telegraphic transfer or draft
made payable to "Hong Kong International Arbitration Centre".
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.
- 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.
- The said fees do not include any payments that might have to
be made to a lawyer representing a Party.
- All bank charges, transfer fees or other amounts that may be
levied in connection with a payment made to the Centre shall be
the responsibility of the Party making the payment.
Article 16. Exclusion of Liability
- 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.
- Without prejudice to any existing rule of law, the Centre, 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 Centre 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 HKIAC.
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