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China International Economic and Trade Arbitration Commission Supplemental Rules to China Internet Network Information Center Domain Name Dispute Resolution Policy (2002)

(In effect as of 30th September 2002)

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 China Internet Network Information Center (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;

(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.org shall 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 website at http://dndrc.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://dndrc.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://dndrc.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:

(1) the nature of the dispute;

(2) the availability of the Panelist(s);

(3) the identity of the Parties;

(4) the independence and impartiality of the Panelist(s); and

(5) 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 website and list the followings:

(1) the case number;

(2) the Domain Name that is in dispute and is the subject of a Complaint;

(3) the names of the Complainant and the Respondent;

(4) the decision rendered by the Panelist(s); and

(5) 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
3,000
1,500
1,500
2 to 5
5,000
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.