域名争议解决办法程序规则 Policies for Resolution of Domain Name Disputes Procedural Rules

（Issued by the China Internet Network Information Center on 25 September 2002 and effective as of 30 September 2002.）

颁布日期：20020925 　实施日期：20020930 　颁布单位：中国互联网络信息中心

　　PART ONE　GENERAL PROVISIONS AND DEFINITIONS

　　Article 1　These Procedural Rules are formulated in accordance with the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes （the Resolution Policies） of the China Internet Network Information Center， in order to ensure the fairness， convenience and expeditiousness of domain name dispute resolution procedures.

　　Article 2　The domain name dispute resolution procedures that are carried out in accordance with the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes shall be bound by these Procedural Rules and the Supplementary Rules formulated by the domain name dispute resolution institution in accordance with these Procedural Rules.

　　Article 3　For the purposes of these Rules （the Procedural Rules）：

　　1. “Resolution Policies” means the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes formulated by the China Internet Network Information Center. The Resolution Policies shall constitute a part of domain name registration agreements between domain name holders and domain name registrars， and shall be binding on domain name holders；

　　2. “Registration Agreement” means the domain name registration agreement between a domain name holder and a domain name registrar；

　　3. “Party” means a Complainant or a Respondent；

　　4. “Complainant” means a Party who objects to （a） relevant domain name（s） and files a complaint with a domain name dispute resolution institution pursuant to the Resolution Policies and the Procedural Rules；

　　5. “Respondent” means the domain name holder against whom a complaint is filed；

　　6. “Domain Name Registry Administrator” means the China Internet Network Information Center （CNNIC）；

　　7. “Domain Name Registrar” means a CNNIC-authorized institution that is responsible for accepting domain name registration applications and completing registrations；

　　8. “Domain Name Registration Agency” means an institution that accepts domain name registration applications to the extent authorized to do so by a Registrar；

　　9. “Domain Name Dispute Resolution Institution” means the CNNIC-recognized and -authorized institution that is responsible for resolving internet domain names registered in China；

　　10. “Panel of Experts” means a panel composed of one or three experts that has been appointed by the Domain Name Dispute Resolution Institution to hear the complaints concerning domain name disputes；

　　11. “Expert” means a person qualified to serve on the Panels of Experts of the Domain Name Dispute Resolution Institution on domain name disputes who has been approved by the Domain Name Dispute Resolution Institution and whose name appears in the list of Experts published on the website of the Domain Name Dispute Resolution Institution；

　　12. “Supplementary Rules” means the supplementary rules formulated by the Domain Name Dispute Resolution Institution pursuant to the Resolution Policies and the Procedural Rules.

　　PART TWO　SUBMISSION AND SERVICE OF DOCUMENTS

　　Article 4　The submission of the documents of domain name dispute cases shall conform with the following principles：

　　1. documents sent by either Party must simultaneously be copied to the other Party， Panel of Experts and the Domain Name Dispute Resolution Institution；

　　2. any document sent by the Domain Name Dispute Resolution Institution to either Party must simultaneously be copied to the other Party；

　　3. any document sent by a Panel of Experts to either Party must simultaneously be copied to both the Domain Name Dispute Resolution Institu

tion and the other Party；

　　4. the sender of a document shall have an obligation to retain a record of the specific fact and circumstances of sending， which shall be available for inspection by the relevant parties and for reporting purposes；

　　5. in the event a Party sending a document receives notification of non-delivery of the document， or whenever such Party himself believes that the relevant document cannot be delivered successfully， he shall promptly notify the Domain Name Dispute Resolution Institution of the relevant circumstances； thereupon， the sending of any document and the making of any response thereto shall be effected as directed by the Domain Name Dispute Resolution Institution；

　　6. either Party may update his contact details by notifying the Domain Name Dispute Resolution Institution.

　　Article 5　It shall be the responsibility of the Domain Name Dispute Resolution Institution to take effective measures to ensure that the Respondent actually receives the complaint. The Domain Name Dispute Resolution Institution shall be deemed to have been discharged from the said responsibility when the Respondent has actually received the complaint or after the Domain Name Dispute Resolution Institution has done the following to cause the Respondent to actually receive the complaint：

　　1. sending the complaint to the Respondent according to all postal mail and facsimile addresses recorded in the WHOIS database of the Domain Name Registry Administrator and the Domain Name Registrar for the domain name holder contact， the administration contact， the technical contact， the administrator and the billing contact；

　　2. sending the complaint in electronic form （including annexes that can be sent to the Respondent in the relevant form） to the e-mail addresses recorded in the WHOIS database of the Domain Name Registry Administrator and the Domain Name Registrar for the domain name holder contact， the administration contact， the technical contact， the administrator and the billing contact or， if the domain name resolves to a website， the e-mail address（es） provided under that website's contact method； and

　　3. sending the complaint to another correspondence address that the Respondent himself has selected and notified to the Domain Name Dispute Resolution Institution and， to the extent practicable， to all other addresses provided by the Complainant in accordance with Item （5） of Article 11.

　　Article 6　Except as provided in the preceding Article， the sending of any document to the Complainant or the Respondent pursuant to these Rules shall be effected by the means designated by the Complainant or the Respondent or， in the absence of such designation， by any of the following three means：

　　1. by facsimile with a confirmation of transmission；

　　2. by postal or express mail service with return receipt， postage prepaid； or

　　3. electronically via the web， provided that a record of transmission is available.

　　Article 7　Any document submitted by the Complainant or Respondent to the Domain Name Dispute Resolution Institution or the Panel of Experts shall be submitted by the means or in the manner （including number of copies） stipulated by the Supplementary Rules of the Domain Name Dispute Resolution Institution.

　　Article 8　Except the Parties agree otherwise or the Panel of Experts agree otherwise in exceptional cases， the language used in the domain name dispute resolution procedures shall be Chinese. The Panel of Experts may request a Party to submit all or part of the Chinese translations for any documents that are not prepared in Chinese.

　　Article 9　Except as otherwise provided in these Rules， or decided by a Panel of Experts， all documents provided for in these Rules shall be deemed to have been served：

　　1. if sent by facsimile， on the date shown on the confirmation；

　　2. if sent by postal or express mail

service， on the date marked on the receipt；

　　3. if sent via the web， on the date of transmission， provided that such date is verifiable.

　　Article 10　Except as otherwise provided in these Rules， the commencement date of the time periods stipulated in these Rules shall be the earliest date that the document is deemed to have been delivered in accordance with the preceding Article.

　　PART THREE　THE COMPLAINT

　　Article 11　Any institution or individual may initiate domain name dispute resolution proceedings by filing a complaint with a Domain Name Dispute Resolution Institution authorized by CNNIC in accordance with the Resolution Policies and the Procedural Rules.

　　Article 12　The complaint shall be filed in hard copy and （except to the extent not available for annexes） in electronic form， and shall include the following particulars：

　　1. expressly request that a hearing be conducted and an award rendered in accordance with the Resolution Policies and the Procedural Rules；

　　2. provide the name， postal and e-mail addresses and contact telephone and facsimile numbers of the Complainant and of his agent；

　　3. specify a preferred manner for communications directed to the Complainant in the domain name dispute resolution proceeding， including the person to be contacted， the format of correspondence and contact address， whether for electronic documents or for hard copy；

　　4. specify whether the Complainant selects Experts to handle the dispute and whether the Complainant elects to have the disputes decided by a single-member or a three-member Panel of Experts； in the event the Complainant elects a three-member Panel of Experts， he shall select and name three persons from the list of Experts of the Domain Name Dispute Resolution I

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