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 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.
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; or
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.orgshall 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.
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 Web site http://www.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://www.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).
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://www.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:
(a) the nature of the
dispute;
(b) the availability of the Panelist(s);
(c) the
identity of the Parties;
(d) the independence and impartiality of
the Panelist(s);
(e) any stipulation in the relevant Registration
Agreement.
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 Web site.
Listing:
(a) the case number;
(b) the Domain
Name that is in dispute and is the subject of a Complaint;
(c) the names of the Complainant and the Respondent;
(d) the decision rendered by the Panelist(s);
(e) the
publishing date of the Decision.
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.
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 |
|
1,500 |
1,500 |
|
2 to
5 |
|
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.
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.