You are here

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

(In effect as of 30th September 2002)

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 CNNIC DRP, as well as any rules and principles of law which it deems applicable. If the 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

(i) the parties agree on a settlement, or

(ii) 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.