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Rules for China Internet Network Information Center Domain Name Dispute Resolution Policy (2002)

(In effect as of 30th September 2002)

Appointment of the Panel

Article 21.   The Provider shall maintain and publish a publicly available name list of panelists. Either one single Panelist or three Panelists shall compose the Panel in charge of the domain name dispute resolution.

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:

(i) if the Complainant has designated a single member Panel, the Provider shall appoint the Panelist from its list of panelists; or

(ii) 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.