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

se has lapsed， appoint an Expert from its list of Experts to form a single-member Panel of Experts. The fees for a single-member Panel of Experts shall be borne entirely by the Complainant.

　　Article 23　If either the Complainant or Respondent has elected a three-member Panel of Experts， the Domain Name Di

spute Resolution Institution shall appoint three Experts in accordance with the procedures stipulated in Articles 25 and 26. The fees for the three-member Panel of Experts shall be borne entirely by the Complainant， unless the three-member Panel of Experts has been selected by the Respondent， in which case the fees involved shall be shared equally between the Parties.

　　Article 24　Unless the Complainant has elected a three-member Panel of Experts and provided the names of the three candidate Experts， the Complainant shall， within three days after the receipt of the response in which the Respondent elects a three-member Panel of Experts from the Domain Name Dispute Resolution Institution， submit to the Domain Name Dispute Resolution Institution the names of the three candidate Experts to be appointed as a member of the Panel of Experts for the case.

　　Article 25　If either the Complainant or Respondent has elected a three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall appoint one Expert from each of the lists of the three candidate Experts provided by the Complainant and the Respondent. In the event the Domain Name Dispute Resolution Institution is unable to appoint an Expert from the Experts selected by a Party on its customary terms， it shall make the appointment on its own from its list of Experts. The third Expert shall be appointed by the Domain Name Dispute Resolution Institution from its list of Experts. The third Expert shall act as chief Expert.

　　Article 26　If the Respondent fails to submit a response， or if he does submit a response but fails to specify how the Panel of Experts should be appointed， the Domain Name Dispute Resolution Institution shall appoint the Panel of Experts in the following manner：

　　1. if the Complainant has elected a single-member Panel of Experts， the Domain Name Dispute Resolution Institution shall appoint one Expert from its list of Experts；

　　2. if the Complainant has elected a three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall， if possible， appoint one Expert from among the three candidate Experts provided by the Complainant， and appoint the second Expert and the chief Expert from its list of Experts.

　　Article 27　Experts may decide at their own discretion whether or not to accept their appointment. To ensure that the dispute resolution proceeding is carried out in an expeditious and smooth manner， if an Expert selected as a candidate by the Parties refuses to accept his appointment， the Domain Name Dispute Resolution Institution will appoint another Expert on its own and form the Panel of Experts.

　　Article 28　Following the formation of the Panel of Experts， the Domain Name Dispute Resolution Institution shall transfer the case to the Panel of Experts in a timely manner， and give timely notice to each Party of the details of the formation of the Panel of Experts and the date on which the Panel of Experts shall submit the award to the dispute resolution institution.

　　Article 29　Experts shall be independent and impartial and shall have， before accepting appointment， disclosed to the Domain Name Dispute Resolution Institution any circumstances that may give rise to justifiable doubt as to his independence or impartiality. If， at any stage during the proceeding， new circumstances arise that may give rise to justifiable doubt as to his independence or impartiality， that member of the Panel of Experts shall promptly disclose such circumstances to the Domain Name Dispute Resolution Institution. In such event， the Domain Name Dispute Resolution Institution shall have the discretion to appoint another Expert.

　　Experts shall submit a declaration of independence and impartiality in writing to the Domain Name Dispute Resolution Institution before accepting their appointment.

　　If a Party believes that a material interest exists between a certain Expert and

the other Party and that such interest could influence the impartial decision of the case， he shall communicate the same to the Domain Name Dispute Resolution Institution before the Panel of Experts renders its award on the relevant dispute. The decision as to whether or not the Expert should withdraw shall be decided by the Domain Name Dispute Resolution Institution.

　　Article 30　No Party or his agent may have any unilateral communication with the Panel of Experts. All communications between a Party and the Panel of Experts or the Domain Name Dispute Resolution Institution shall be routed through the case administrator appointed by the Domain Name Dispute Resolution Institution in the manner stipulated in its Supplementary Rules.

　　PART SIX　HEARING AND RULING

　　Article 31　The Panel of Experts shall conduct the proceedings in such manner as it deems appropriate in accordance with the Procedural Rules， and decide the domain name dispute on the basis of the respective claims provided by the Parties in the complaint and the response， the facts involved and the evidence submitted in accordance with the Resolution Policies and the applicable laws and regulations. If the Respondent fails to submit a response， in the absence of exceptional circumstances， the Panel of Experts shall decide the dispute based on the complaint.

　　While the dispute is being handled， the Panel of Experts shall treat the Parties with equality and give each Party an equal opportunity to state the facts， explain its grounds and provide evidence.

　　The Panel of Experts shall ensure that the dispute resolution proceeding takes place with expedition. The Panel of Experts has the right， at the request of a Party， to extend， in exceptional cases， a period of time fixed by these Rules.

　　The Panel of Experts has the right to decide upon the admissibility， relevance， materiality and weight of the evidence.

　　Article 32　In addition to the complaint and the response， the Panel of Experts shall have the right to request further statements or relevant evidentiary materials with respect to the case from either of the Parties.

　　Article 33　Under normal circumstances， there shall be no in-person hearings （including any hearings by teleconference， videoconference or web conference） during the domain name dispute resolution proceeding， unless the Panel of Experts considers such a hearing to be necessary. Subject to payment of the relevant fee， a Party may also request the Panel of Experts to conduct an in-person hearing.

　　Article 34　In the event that a Party， in the absence of an exceptional reason， does not comply with any of the time periods established by the Procedural Rules or determined by the Panel of Experts， the Panel of Experts will proceed to an award in the dispute involved.

　　Article 35　If a Party， in the absence of an exceptional reason， does not comply with any provision of the Procedural Rules or any order from the Panel of Experts， the Panel of Experts has the right to draw such inferences therefrom as it considers appropriate.

　　Article 36　If there are more than one domain name dispute between the Complainant and the Respondent， either the Complainant or the Respondent may request that these disputes be consolidated and heard by one Panel of Experts. Such request shall be submitted by the first Panel of Experts that has been appointed to hear a dispute between the Parties. Such Panel of Experts shall have the right to decide to consolidate all or part of the disputes for hearing， provided that the disputes that are consolidated for hearing are bound by the Resolution Policies.

　　Article 37　In the absence of exceptional circumstances， the Panel of Experts shall render its award on the domain name dispute involved， and deliver it to the Domain Name Dispute Resolution Institution， within 14 days after its establishment.

　　Article 38　Prior to signing its awar

d， the Panel of Experts shall deliver the draft award to the Domain Name Dispute Resolution Institution. Without prejudice to the independent rendering of an award by the Panel of Experts， the Domain Name Dispute Resolution Institution may review the award as to formal issues.

　　Article 39　With respect to a case heard by a three-member Panel of Experts， the award shall be rendered by a majority. Each member shall have equal voting rights. If the Panel of Experts is unable to render a majority award， the award shall be rendered according to the opinion of the chief Expert. Any dissenting opinion shall be recorded in the award.

　　Article 40　The award shall be in hard copy and in electronic form， state the award rendered and the reasons on which it is based， indicate the date on which it was rendered and identify the name（s） of the Expert（s）。

　　If the Panel of Experts concludes that the dispute that is the subject of the complaint is not within its jurisdiction， it shall state so. If， after review of the documents submitted by the Parties， the Panel of Experts finds that the complaint is filed in bad faith， it may declare in the award that the complaint constitutes an abuse of the domain name dispute resolution procedures.

　　Article 41　In the event that， prior to or during a proceeding， either of the Parties initiate judicial or arbitration proceedings in respect of the （a） domain name in dispute， the Domain Name Dispute Resolution Institution or the Panel of Experts shall have the disc

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