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

2009-03-24 法律英语 来源:互联网 作者:
retion to suspend or terminate the proceeding, or to proceed to an award.

  In the event that, during the pendency of a proceeding, either of the Parties initiates any judicial or arbitration proceedings in respect of the (a) domain name in dispute, he shall promptly notify the Panel of Experts and the Domain Name Dispute Resolution Institution.

  Article 42 A domain name dispute resolution proceeding may be terminated before the Panel of Experts renders an award if:

  1. the Parties reach a settlement between themselves;

  2. the Panel of Experts considers it unnecessary or impossible to continue the proceeding for another reason, unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel of Experts.

  PART SEVEN SERVICE AND PUBLICATION OF THE AWARD

  Article 43 The Domain Name Dispute Resolution Institution shall communicate the full text of the award to each Party, the concerned Registrar(s) and CNNIC within three days after receiving the award from the Panel of Experts.

  Article 44 Unless the Panel of Experts determines otherwise based on the request of a Party or the specific circumstances of the dispute, the Domain Name Dispute Resolution Institution shall publish the full award on a public website within the time limit stipulated in Article 43 above.

  PART EIGHT FEE

  Article 45 The Complainant shall, in accordance with the Supplementary Rules of the Domain Name Dispute Resolution Institution, pay to the Domain Name Dispute Resolution Institution a fixed proceeding fee within the time and in the amount required. If a Respondent elects to have the dispute decided by a three-member Panel of Experts and not a single-member Panel of Experts as elected by the Complainant, he shall bear half of the fee for a three-member Panel of Experts. In any other cases, all fees of the Domain Name Dispute Resolution Institution shall be borne by the Complainant.

  Article 46 The Domain Name Dispute Resolution Institution may not take any further action with respect to the relevant complaint until the Complainant has paid the proceeding fee to the Domain Name Dispute Resolution Institution in accordance with the Procedural Rules.

  Article 47 If the Domain Name Dispute Resolution Institution has not received the relevant proceeding fees within eight days after the receipt of the complaint,

the complaint shall be deemed withdrawn and the proceedings terminated.

  Article 48 In exceptional circumstances, if an in-person hearing is held, the Domain Name Dispute Resolution Institution may request the Parties to pay an additional fee, which shall be determined after consultation with the Parties and the Panel of Experts.

  PART NINE SUPPLEMENTARY PROVISIONS

  Article 49 Except in the case of deliberate wrongdoing, neither the Domain Name Dispute Resolution Institution nor the Experts shall be liable to either Party for any act or negligence in connection with the domain name dispute resolution proceeding.

  Article 50 CNNIC shall be in charge of interpreting these Procedural Rules.

  Article 51 These Procedural Rules shall be implemented as of 30 September 2002

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