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Rules for CNNIC Domain Name
Dispute Resolution Policy
Chapter I General
Provisions and Definitions
Article
1 In order to ensure the fairness, convenience and
promptness of a domain name dispute resolution procedure, these
Rules are formulated in accordance with CNNIC Domain Name Dispute
Resolution Policy.
Article 2 The proceedings
for the resolution of disputes under CNNIC Domain Name Dispute
Resolution Policy adopted by CNNIC shall be governed by these Rules
and the Supplemental Rules of the Domain Name Dispute Resolution
Provider.
Article 3 The following terms in
the Rules for CNNIC Domain Name Dispute Resolution Policy
(hereinafter referred to as these Rules or CNDRP Rules) have the
following definitions:
(a) CNDRP
means CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC ,
which is incorporated by reference and made a part of the
Registration Agreement, and binding to the holders of the domain
names.
(b) Registration Agreement
means the domain name registration agreement between a Registrar and
a domain name holder.
(c) Party means
a Complainant or a Respondent.
(d)
Complainant means the party initiating a complaint concerning a
domain name registration with Domain Name Dispute Resolution
Provider in accordance with CNDRP and the CNDRP
Rules.
(e) Respondent means the
holder of the domain name against which a complaint is
initiated.
(f) Registry refers to
China Internet Network Information Center (
CNNIC).
(g) Registrar refers to the
entity authorized by CNNIC and responsible for acceptance of the
domain name registration applications and completion of domain name
registrations.
(h) Agency refers to
the entity which accepts the applications for registrations of the
domain names on behalf of the
Registrar.
(i) Provider refers to a
dispute resolution service provider approved by CNNIC to resolve the
domain name disputes.
(j) Panel means
a panel composed of 1 or 3 Panelists who are appointed by the
Provider to be responsible for the resolution of a domain name
dispute.
(k) Panelist means the
individual who are listed among the Name List of Panelists approved
by the Provider and published at the Provider's Web-site, and
qualified to be members of the Panel for the resolution of the
domain name disputes.
(l)
Supplemental Rules means the rules adopted by the Provider to
supplement CNDRP in accordance with CNDRP and these Rules.
Chapter II Communications
Article
4 Any communication under these Rules shall abide by the
following principles:
(a) Any
communication by the Provider to any Party shall be copied and
served to the other Party.
(b) Any
communication by the Panel to any Party shall be copied and served
to the other Party and the
Provider.
(c) It shall be the
responsibility of the sender to retain records of the fact and
circumstances of sending, which shall be available for inspection by
affected parties and for reporting
purposes.
(d) In the event a Party
sending a communication receives notification of non-delivery of the
communication, or thinks by himself that he has not delivered the
communication successfully, the Party shall promptly notify the
Provider of the circumstances of the notification. Further
proceedings concerning the communication and any response shall be
as directed by the Provider.
(e)
Either Party may update its contact details by notifying the
Provider.
Article 5 When forwarding a
complaint to the Respondent, it shall be the Provider's
responsibility to employ reasonably available means calculated to
achieve actual notice to Respondent. Achieving actual notice, or
employing the following measures to do so, shall discharge this
responsibility:
(a) Sending the
complaint to all postal-mail and facsimile addresses shown in the
Registry's and the Registrar's WHOIS database for the registered
domain name holder, administrative contact, the technical contact,
the undertaker and the bill contact;
and
(b) Sending the complaint in
electronic form (including annexes to the extent available in that
form) by e-mail to the e-mail addresses shown in the Registry's and
the Registrar's WHOIS database for the registered domain name
holder, administrative contact, the technical contact, the
undertaker and the bill contact, or if the domain name resolves to
an active web page, sending the complaint in electronic form
(including annexes to the extent available in that form) by e-mail
to the e-mail addresses shown on that web page;
and
(c) Sending the complaint to any
address the Respondent has notified the Provider it prefers and, to
the extent practicable, to all other addresses provided to the
Provider by the Complainant.
Article 6
Except as provided in the preceding Article, any written
communication to Complainant or Respondent provided for under these
Rules shall be made by the preferred means stated by the Complainant
or Respondent respectively, or in the absence of such
specification,
(a) By facsimile
transmission, with a confirmation of transmission;
or
(b) By postal or courier service,
postage pre-paid and return receipt requested;
or
(c) Electronically via the
Internet, provided a record of its transmission is
available.
Article 7 Any communication by
the Complaint or the Respondent to the Provider or the Panel shall
be made by the means and in the manner (including number of copies)
stated in the Provider's Supplemental Rules.
Article
8 Unless otherwise agreed by the Parties or determined in
exceptional cases by the Panel, the language of the domain name
dispute resolution proceedings shall be Chinese. The Panel may order
that any documents submitted in languages other than Chinese be
wholly or partially translated into Chinese.
Article
9 Except as otherwise provided in these Rules, or decided
by a Panel, all communications provided for under these Rules shall
be deemed to have been made:
(a) If
by facsimile transmission, on the date shown on the confirmation of
transmission; or
(b) If by postal or
courier service, on the date marked on the receipt;
or
(c) If via the Internet, on the
date that the communication was transmitted, provided that the date
of transmission is verifiable.
Article 10
Except as otherwise provided in these Rules, the date calculated
under these Rules when a communication begin to be made shall be the
earliest date that the communication is deemed to have been made in
accordance with the preceding Article.
Chapter
III The Complaint
Article 11 Any
person or entity may initiate a domain name dispute resolution
proceedings by submitting a complaint in accordance with CNDRP and
these Rules to any Provider approved by
CNNIC.
Article 12 The complaint shall be
submitted in hard copy and (except to the extent not available for
annexes) in electronic form, and
shall:
(a) Request that the complaint
be submitted for decision in accordance with CNDRP and these
Rules;
(b) Provide the name, postal
and e-mail addresses, and the telephone and telefax numbers of the
complaint and of any representative authorized to act for the
Complainant in the proceedings;
(c)
Specify a preferred method for communications directed to the
Complainant in domain name dispute resolution proceedings, including
person to be contacted, medium to be adopted and address
information, for each of electronic-only material and material
including hard copy;
(d) Designate
whether Complainant elects to have the dispute decided by a single
member Panel or a three-member Panel and, in the event Complainant
elects a three-member Panel, provide the names of three candidates
from the Provider's list of panelists to serve as one of the
Panelists in the order of its own preference. The Complainant may
also entrust the Provider to appoint the panelist on his
behalf;
(e) Provide the name of the
Respondent (domain name holder) and all information (including any
postal and e-mail addresses and telephone and telefax numbers) known
to Complainant regarding how to contact Respondent or any
representative of Respondent, in sufficient detail to allow the
Provider to send the complaint as described in Article 5 of these
Rules;
(f) Specify clearly the domain
name (s) that is/are the subject of the
complaint;
(g) Identify the Registrar
and/or the Agency with whom the domain name (s) is/are registered at
the time the complaint is filed;
(h)
Specify the rights or legitimate interests on which the complaint is
based with regard to the disputed domain name, annexing all
materials evidencing the rights or
interests;
(i) Describe, in
accordance with CNDRP, the grounds on which the complaint is made
including, in particular,
(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.
(The description should, for elements (3), discuss any
aspects of Article 9 of CNDRP. The description shall comply with any
word or page limit set forth in the Provider's Supplemental
Rules.)
(j) Specify, in accordance
with Article 13 of CNDRP, the remedies
sought;
(k) Identify any other legal
or arbitral proceedings which have been commenced or terminated in
connection with or related to any of the domain name (s) that are
the subject of the complaint. All materials concerning the above
proceedings that can be obtained by Complainant shall be submitted.
(l) Conclude with the following
statement followed by the signature or stamp of the Complainant or
its legal representative or its authorized
representative:
"Complainant certifies that the complaint was
filed in accordance with CNNIC Domain Name Dispute Resolution Policy
and Rules for Domain Name Dispute Resolution Policy as well as the
relevant laws; that the information contained in this Complaint is
to the best of Complainant's knowledge complete and accurate; that
the corresponding claims and remedies shall be solely against the
domain name holder and waives all such claims and remedies against
the dispute resolution Provider and Panelists, the Registry and the
Registrar, the registry administrator as well as the
Agency";
(m) Annex, as attachments,
any documentary or other evidence upon which the complaint
relies.
Article 13 The Complaint may relate
to more than one domain name, provided that the domain names are
registered by the same domain name holder.
Article
14 After receipt of the complaint, the Provider shall
review the complaint for administrative compliance with CNDRP and
these Rules and, if in compliance, shall forward the copy of the
complaint to the Respondent, in the manner prescribed by Article 5
of these Rules, within three (3) calendar days following receipt of
the fees to be paid by the Complainant in accordance with Chapter
VIII of these Rules.
If the Provider finds the complaint to
be administratively deficient, it shall promptly notify the
Complainant of the nature of the deficiencies identified. The
Complainant shall have five (5) calendar days within which to
correct any such deficiencies of the complaint. If the Complainant
does not correct the deficiencies identified or the corrected
complaint cannot satisfy the requirements under CNDRP and these
Rules, the complaint will be deemed withdrawn without prejudice to
submission of a different complaint by
Complainant.
Article 15 The date of
commencement of the domain name dispute resolution proceedings shall
be the date on which the Provider completes its responsibilities
under Article 5 of these Rules in connection with forwarding the
Complaint to the Respondent.
Article 16 The
Provider shall immediately notify the parties, the concerned
Registrar and CNNIC of the date of commencement of the domain name
dispute resolution proceedings.
Chapter IV The
Response
Article 17 Within twenty
(20) calendar days of the date of commencement of the proceedings
the Respondent shall submit a response to the
Provider.
Article 18 The response shall be
submitted in hard copy and (except to the extent not available for
annexes) in electronic form, and
shall:
(a) Respond specifically to
the statements and allegations contained in the complaint and
include any and all bases for the Respondent (domain name holder) to
retain registration and use of the disputed domain name (This
portion of the response shall comply with any word or page limit set
forth in the Provider's Supplemental
Rules.);
(b) Provide the name and
contact details of the Respondent and of any representative
authorized to act for the Respondent in the proceedings (postal and
e-mail addresses, and the telephone and telefax
numbers);
(c) Specify a preferred
method for communications directed to the Respondent in the domain
name dispute resolution proceedings, including person to be
contacted, medium to be adopted and address information, for each of
electronic-only material and material including hard
copy;
(d) If Complainant has elected
a single member Panel in the Complaint, state whether Respondent
elects instead to have the dispute decided by a three-member
panel;
(e) If either Complainant or
Respondent elects a three-member Panel, provide the names of three
candidates from the Provider's list of panelists to serve as one of
the Panelists in the order of its own preference. The Respondent may
also entrust the Provider to appoint the panelist on his
behalf
(f) Identify and state any
other legal or arbitral proceedings which have been commenced or
terminated in connection with or relating to any of the domain
name(s) that is/are the subject of the complaint and provide all
information available concerning such
proceedings;
(g) Conclude with the
following statement followed by the signature or stamp of the
Respondent or its legal representative or its authorized
representative:
"Respondent certifies that the response was
filed in accordance with CNNIC Domain Name Dispute Resolution Policy
and Rules for CNNIC Domain Name Dispute Resolution Policy as well as
the relevant law; that the information contained in this Response is
to the best of Respondent's knowledge complete and accurate; that
the corresponding defenses and assertions shall be solely against
the Complainant and waives all such defenses and assertions against
the Provider and Panelists, the Registry and the Registrar, the
registry administrator as well as the
Agency.";
(h) Annex, as attachments,
any documentary or other evidence upon which the response
relies.
Article 19 If Complainant has
elected to have the dispute decided by a single member Panel and
Respondent elects a three-member Panel, Respondent shall be required
to pay one-half of the applicable fees for a three-member Panel as
set forth in the Provider's Supplemental Rules. This payment shall
be made together with the submission of the response to the
Provider. In the event that the required payment is not made, the
dispute shall be decided by a single member
Panel.
Article 20 At the request of the
Respondent, the Provider may, under some special circumstances,
extend appropriately the period of time for the filing of the
response. The period may also be extended by the agreement between
the parties, provided that the agreement is approved by the
Provider.
Chapter V Appointment of the
Panel
Article 21 The Provider shall
maintain and publish a publicly available name list of panelists.
The Panel in charge of the domain name dispute resolution shall be
composed by either one single Panelist or three Panelists.
Article 22 If neither the Complainant nor
the Respondent has elected a three-member Panel, the Provider shall
appoint, within five (5) calendar days following receipt of the
response by the Provider, or the lapse of the time period for the
submission thereof, a single Panelist from its list of panelists.
The fees for a single member Panel shall be paid entirely by the
Complainant.
Article 23 If either the
Complainant or the Respondent elects to have the dispute decided by
a three-member Panel, the Provider shall appoint three Panelists in
accordance with the procedures identified in Article 25 and 26 of
these Rules. The fees for a three-member Panel shall be paid in
their entirety by the Complainant, except where the election for a
three-member Panel was made by the Respondent, in which case the
applicable fees shall be shared equally between the
Parties.
Article 24 Unless it has already
elected a three-member Panel and provided the names of the three
candidates, the Complainant shall submit to the Provider, within
three (3) calendar days of communication of a response in which the
Respondent elects a three-member Panel, the names of three
candidates to serve as one of the Panelists.
Article
25 In the event that either the Complainant or the
Respondent elects a three-member Panel, the Provider shall endeavor
to appoint one Panelist from the list of candidates provided by each
of the Complainant and the Respondent. In the event the Provider is
unable within five (5) calendar days to secure the appointment of a
Panelist on its customary terms from either Party's list of
candidates, the Provider shall make that appointment from its list
of panelists. The third Panelist shall be appointed by the Provider
from its list of panelists. The third Panelist shall be the
Presiding Panelist.
Article 26 Where the
Respondent fails to submit the response or, has submitted the
response but fails to indicate how to designate the Panel, the
Provider shall proceed to appoint the Panel as
follows:
(a) If the Complainant has
designated a single member Panel, the Provider shall appoint the
Panelist from its list of
panelists;
(b) If the Complainant has
designated a three-member Panel, the Provider shall, subject to
availability, appoint one Panelist from the list of candidates
provided by the Complainant and shall appoint the second Panelist
and the Presiding Panelist from its list of
panelists.
Article 27 The Panelists shall
have the right to decide by themselves whether to accept the
appointment. To ensure the promptness and smoothness of the domain
name dispute resolution proceedings, if any of the Panelists
designated cannot accept the appointment, the Provider shall appoint
another Panelist from its list of panelists at its own
discretion.
Article 28 Once the entire Panel
is appointed, the Provider shall promptly forward the case file to
all members of the Panel and shall notify immediately the parties of
the Panelists appointed and the date by which the Panel shall
forward its decision on the complaint to the
Provider.
Article 29 A Panelist shall be
impartial and independent and shall have, before accepting
appointment, disclosed to the Provider any circumstances giving rise
to justifiable doubt as to the Panelist's impartiality or
independence. If, at any stage during the proceedings, new
circumstances arise which could give rise to justifiable doubt as to
the impartiality or independence of the Panelist, that Panelist
shall promptly disclose such circumstances to the Provider. In such
event, the Provider shall have the discretion to appoint a
substitute Panelist.
Prior to the acceptance of appointment
as a Panelist, a candidate shall be required to submit to the
Provider a Declaration of Independence and Impartiality in
writing.
Where either party thinks that any Panelist has
material interests with the opposing party and that such
circumstance may affect the fair ruling of the case, that party may
request to the Provider for removing the Panelist before the Panel
has rendered its decision. Removal of the Panelist shall be in the
Provider's discretion.
Article 30 No Party
or anyone acting on its behalf may have any unilateral communication
with the Panel. All communications between a Party and the Panel or
the Provider shall be made to a case administrator appointed by the
Provider in the manner prescribed in the Provider's Supplemental
Rules.
Chapter VI Hearing and
Ruling
Article 31 The Panel shall
conduct the proceedings in such manner as it considers appropriate
according to these Rules, and decide a complaint on the basis of the
statements and documents submitted and in accordance with CNDRP, as
well as any rules and principles of law which it deems applicable.
If a Respondent does not submit a response, the Panel shall, in
absence of exceptional circumstances, decide the dispute based upon
the complaint.
In all cases, the Panel shall ensure that the
parties are treated with equality and that each party is given a
fair opportunity to present its case, give out its reasons and
provide the evidence.
The Panel shall ensure that the
proceedings take place with due expedition. It may, at the request
of a party, extend, under some special circumstances, a period of
time fixed by these Rules.
The Panel shall determine the
admissibility, relevance, materiality and weight of the
evidence.
Article 32 In addition to the
complaint and the response, the Panel may request, in its sole
discretion, further statements or documents from either of the
parties.
Article 33 Under the normal
circumstances, there shall be no in-person hearings (including
hearings by teleconference, videoconference, and web conference),
unless the Panel determines that such a hearing is necessary for
deciding the complaint. Either of the parties may request the Panel
to hold an in-person hearing at his own
expenses.
Article 34 In the event that a
party, in the absence of exceptional circumstances, does not comply
with any of the provisions established by these Rules or any of the
time periods fixed by the Panel, the Panel shall proceed to a
decision on the complaint.
Article 35 If a
party, in the absence of exceptional circumstances, does not comply
with any provisions of these Rules or any request from the Panel,
the Panel shall draw such inferences therefrom as it considers
appropriate.
Article 36 In the event of
multiple disputes between the parties, either party may petition to
consolidate the disputes before a single Panel. This petition shall
be made to the first Panel appointed to hear a pending dispute
between the parties. This Panel may consolidate before it any or all
such disputes in its sole discretion, provided that the disputes
being consolidated are governed by CNDRP adopted by
CNNIC.
Article 37 In the absence of
exceptional circumstances, the Panel shall render its decision on
the complaint and forward the decision to the Provider within
fourteen (14) calendar days of its
appointment.
Article 38 The Panelists shall
submit the draft decision to the Provider before signing the
decision. The Provider may review the form of the award on condition
that the Panelists' independence of decision is not
affected.
Article 39 In the case of a
three-member Panel, the Panel's decision shall be made by a
majority. Each Panelist possesses an equal vote. Where the majority
cannot be reached, the decision shall be decided by the Presiding
Panelist. Any dissenting opinion shall accompany the majority
decision.
Article 40 The Panel's decision
shall be made in electronic form and in hard copy, provide the final
decision and the reasons on which it is based, indicate the date on
which it was rendered and identify the name(s) of the
Panelists.
If the Panel concludes that the dispute is not
within the scope of CNDRP, it shall so state. If after considering
the submissions the Panel finds that the complaint was brought in
bad faith, , the Panel may declare in its decision that the
complaint constitutes an abuse of the domain name dispute resolution
procedure.
Article 41 In the event of any
legal or arbitral proceedings initiated prior to or during the
domain name dispute resolution proceedings in respect of a domain
name which is the subject of the complaint, the Provider or the
Panel shall have the discretion to decide whether to suspend or
terminate the proceedings, or to proceed to a decision.
Where
a party initiates any legal or arbitral proceedings during the
pendency of the domain name dispute resolution proceedings in
respect of a domain name which is the subject of the complaint, it
shall promptly notify the Panel and the
Provider.
Article 42 Before the Panel's
decision, the domain name dispute resolution proceedings may be
terminated, if
(a) The parties agree
on a settlement.
(b) The Panel thinks
that it becomes unnecessary or impossible to continue the
proceedings for other reasons, unless a party raises justifiable
grounds for objection within a period of time to be determined by
the Panel.
Chapter VII Communication and
Publication of the Decision
Article
43 Within three (3) calendar days after receiving the
decision from the Panel, the Provider shall communicate the full
text of the decision to each party, the Registrar and
CNNIC.
Article 44 Unless the Panel, at
request of one party or considering the specific situation of the
Case, determines otherwise, the Provider shall publish the full
decision on a publicly accessible web site within the time limit
stipulated in Article 43.
Chapter VIII
Fees
Article 45 The Complainant
shall pay to the Provider an initial fixed fee, in accordance with
the Provider's Supplemental Rules, within the time and in the amount
required. A Respondent electing to have the dispute decided by a
three-member Panel, rather than the single member Panel elected by
the Complainant, shall pay the Provider one-half the fixed fee for a
three-member Panel. In all other cases, the Complainant shall bear
all of the Provider's fees.
Article 46 No
action shall be taken by the Provider on a complaint until it has
received from Complainant the initial fee in accordance with the
Provider's Supplemental Rules.
Article 47 If
the Provider has not received the fees within eight (8) calendar
days of receiving the complaint, the complaint shall be deemed
withdrawn and the proceedings terminated.
Article
48 In exceptional circumstances, in the event the Panel, at
the request of a party, determines that an in-person hearing is to
be held, the Provider shall request the parties for the payment of
additional fees, which shall be established in agreement with the
Parties and the Panel.
Chapter IX Supplementary
Provisions
Article 49 Except in the
case of deliberate wrongdoing, neither the Provider nor a Panelist
shall be liable to a party for any act or omission in connection
with any proceedings under these Rules.
Article
50 Time limits regulated in this document or decided in
accordance with this document shall be counted on the second day of
the initiation. The initial date is excluded in the time
limit.
If the second day of initial date is a legal holiday,
the time limit shall begin with the first working day after the
holiday(s). All legal holidays within the time limit shall be
counted. If the expiring date is a legal holiday, it shall be
extended to the first working day after the holiday(s).
Article 51 These Rules are subject to the
interpretation of CNNIC.
Article 52 These
Rules are effective as from March 17, 2006. The previous "Rules for
CNNIC Domain Name Dispute Resolution Policy" (effective as of
September 30, 2002) ceases effect
simultaneously.
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