RULES FOR CNNIC DOMAIN NAME DISPUTE RESOLUTION POLICY
China Internet Network Information Centre Rules for CNNIC Domain Name Dispute Resolution Policy China Internet Network Information Centre September 25, 2002 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 Article 2 The proceedings for the resolution of disputes under CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC shall be governed Article 3 The following terms in the Rules for CNNIC Domain Name Dispute Resolution Policy (hereinafter referred to as these Rules or CNDRP (1) CNDRP means CNNIC Domain Name Dispute Resolution Policy adopted by CNNIC , which is incorporated by reference and made a part of the (2) Registration Agreement means the domain name registration agreement between a Registrar and a domain name holder. (3) Party means a Complainant or a Respondent. (4) Complainant means the party initiating a complaint concerning a domain name registration with Domain Name Dispute Resolution Provider (5) Respondent means the holder of the domain name against which a complaint is initiated. (6) Registry refers to China Internet Network Information Center (CNNIC). (7) Registrar refers to the entity authorized by CNNIC and responsible for acceptance of the domain name registration applications and (8) Agency refers to the entity which accepts the applications for registrations of the domain names on behalf of the Registrar. (9) Provider refers to a dispute resolution service provider approved by CNNIC to resolve the domain name disputes. (10) 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 (11) Panelist means the individual who are listed among the Name List of Panelists approved by the Provider and published at the Provider’s (12) 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: (1) Any communication provided by a Party shall be copied and served to the other Party, the Panel and the Provider, as the case may be. (2) Any communication by the Provider to any Party shall be copied and served to the other Party. (3) Any communication by the Panel to any Party shall be copied and served to the other Party and the Provider. (4) It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available (5) In the event a Party sending a communication receives notification of non-delivery of the communication, or thinks by himself that (6) 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 (1) Sending the complaint to all postal-mail and facsimile addresses shown in the Registry’s and the Registrar’s WHOIS database for the (2) Sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses (3) Sending the complaint to any address the Respondent has notified the Provider it prefers and, to the extent practicable, to all other Article 6 Except as provided in the preceding Article, any written communication to Complainant or Respondent provided for under these Rules (1) By facsimile transmission, with a confirmation of transmission; or (2) By postal or courier service, postage pre-paid and return receipt requested; or (3) 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 Article 8 Unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the domain name dispute resolution Article 9 Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed (1) If by facsimile transmission, on the date shown on the confirmation of transmission; or (2) If by postal or courier service, on the date marked on the receipt; or (3) 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 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 Article 12 The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall: (1) Request that the complaint be submitted for decision in accordance with CNDRP and these Rules; (2) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the complaint and of any representative authorized (3) Specify a preferred method for communications directed to the Complainant in domain name dispute resolution proceedings, including (4) Designate whether Complainant elects to have the dispute decided by a single member Panel or a three-member Panel and, in the event (5) Provide the name of the Respondent (domain name holder) and all information (including any postal and e-mail addresses and telephone (6) Specify clearly the domain name (s) that is/are the subject of the complaint; (7) Identify the Registrar and/or the Agency with whom the domain name (s) is/are registered at the time the complaint is filed; (8) Specify the rights or legitimate interests on which the complaint is based with regard to the disputed domain name, annexing all materials (9) Describe, in accordance with CNDRP, the grounds on which the complaint is made including, in particular; (i) the disputed domain name is identical with or confusingly similar to the complainant’s name or mark in which the Complaint has (ii) the disputed domain name holder has no right or legitimate interest in respect of the domain name or major part of the domain (iii) 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 (10) Specify, in accordance with Article 13 of CNDRP, the remedies sought; (11) Identify any other legal or arbitral proceedings which have been commenced or terminated in connection with or related to any of the (12) State that a copy of the complaint has been sent or transmitted to the Respondent (domain name holder) as well as the concerned Registrar (13) Conclude with the following statement followed by the signature or stamp of the Complainant or its legal representative or its authorized “Complainant certifies that the complaint was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for Domain (14) 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 the Provider finds the complaint to be administratively deficient, it shall promptly notify the Complainant of the nature of the If the Complainant does not correct the deficiencies identified or the corrected complaint cannot satisfy the requirements under CNDRP Article 15 The date of commencement of the domain name dispute resolution proceedings shall be the date on which the Provider completes its responsibilities Article 16 The Provider shall immediately notify the parties, the concerned Registrar and CNNIC of the date of commencement of the domain name 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: (1) Respond specifically to the statements and allegations contained in the complaint and include any and all bases for the Respondent (2) Provide the name and contact details of the Respondent and of any representative authorized to act for the Respondent in the proceedings (3) Specify a preferred method for communications directed to the Respondent in the domain name dispute resolution proceedings, including (4) If Complainant has elected a single member Panel in the Complaint, state whether Respondent elects instead to have the dispute decided (5) If either Complainant or Respondent elects a three-member Panel, provide the names of three candidates from the Provider’s list of (6) Identify and state any other legal or arbitral proceedings which have been commenced or terminated in connection with or relating (7) State that a copy of the response has been sent or transmitted to the Complainant in accordance with these Rules; (8) Conclude with the following statement followed by the signature or stamp of the Respondent or its legal representative or its authorized “Respondent certifies that the response was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for CNNIC (9) 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 Article 20 At the request of the Respondent, the Provider may, under some special circumstances, extend appropriately the period of time for 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 Article 22 If neither the Complainant nor the Respondent has elected a three-member Panel, the Provider shall appoint, within five (5) calendar Article 23 If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint Article 24 Unless it has already elected a three-member Panel and provided the names of the three candidates, the Complainant shall submit to Article 25 In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Article 26 Where the Respondent fails to submit the response or, has submitted the response but fails to indicate how to designate the Panel, (1) If the Complainant has designated a single member Panel, the Provider shall appoint the Panelist from its list of panelists; (2) If the Complainant has designated a three-member Panel, the Provider shall, subject to availability, appoint one Panelist from the Article 27 The Panelists shall have the right to decide by themselves whether to accept the appointment. To ensure the promptness and smoothness 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 Article 29 A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances Prior to the acceptance of appointment as a Panelist, a candidate shall be required to submit to the Provider a Declaration of Independence Where either party thinks that any Panelist has material interests with the opposing party and that such circumstance may affect the Article 30 No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and 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 In all cases, the Panel shall ensure that the parties are treated with equality and that each party is given a fair opportunity to The Panel shall ensure that the proceedings take place with due expedition. It may, at the request of a party, extend, under some 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 Article 33 Under the normal circumstances, there shall be no in-person hearings (including hearings by teleconference, videoconference, and web Article 34 In the event that a party, in the absence of exceptional circumstances, does not comply with any of the provisions established by 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 Article 36 In the event of multiple disputes between the parties, either party may petition to consolidate the disputes before a single Panel. Article 37 In the absence of exceptional circumstances, the Panel shall render its decision on the complaint and forward the decision to the Article 38 The Panelists shall submit the draft decision to the Provider before signing the decision. The Provider may review the form of the 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 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 If the Panel concludes that the dispute is not within the scope of CNDRP, it shall so state. If after considering the submissions Article 41 In the event of any legal or arbitral proceedings initiated prior to or during the domain name dispute resolution proceedings in respect Where a party initiates any legal or arbitral proceedings during the pendency of the domain name dispute resolution proceedings in Article 42 Before the Panel’s decision, the domain name dispute resolution proceedings may be terminated, if (1) The parties agree on a settlement. (2) The Panel thinks that it becomes unnecessary or impossible to continue the proceedings for other reasons, unless a party raises justifiable 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 Article 44 Unless the Panel, at request of one party or considering the specific situation of the Case, determines otherwise, the Provider shall 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 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 Article 47 If the Provider has not received the fees within eight (8) calendar days of receiving the complaint, the complaint shall be deemed 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, 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 Article 50 These Rules are subject to the interpretation of CNNIC. Article 51 These Rules shall enter into force as of September 30, 2002. |
China Internet Network Information Centre
2002-09-25