| 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 cndomaind 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 cndomain 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 abcndomain 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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