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中国互联网络信息中心域名争议解决办法程序规则 Rules for CNNIC Domain Name Dispute Resolution Policy

2009-03-24 法律英语 来源:互联网 作者:
cts of Article 9 of CNDRP. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.)

  (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 domain name (s) that are the subject of the complaint. All materials concerning the above proceedings that can be obtained by Complainant shall be submitted.

  (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 and/or the Agency respectively;

  (13) Conclude with the following statement followed by the signature or stamp of the Complainant or its legal representative or its authorized representative:

  “Complainant certifies that the complaint was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for Domain Name Dispute Resolution Policy as well as the relevant laws; that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate; that the corresponding claims and remedies shall be solely against the domain name holder and waives all such claims and remedies against the dispute resolution Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency”;

  (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 in compliance, shall forward the copy of the complaint to the Respondent, in the manner prescribed by Article 5 of these Rules, within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Chapter VIII of these Rules.

  If the Provider finds the complaint

to be administratively deficient, it shall promptly notify the Complainant of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies of the complaint.

  If the Complainant does not correct the deficiencies identified or the corrected complaint cannot satisfy the requirements under CNDRP and these Rules, the complaint will be deemed withdrawn without prejudice to submission of a different complaint by Complainant.

  Article 15 The date of commencement of the domain name dispute resolution proceedings shall be the date on which the Provider completes its responsibilities under Article 5 of these Rules in connection with forwarding the Complaint to the Respondent.

  Article 16 The Provider shall immediately notify the parties, the concerned Registrar and CNNIC of the date of commencement of the domain name dispute resolution proceedings.

  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 (domain name holder) to retain registration and use of the disputed domain name (This portion of the response shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);

  (2) Provide the name and contact details of the Respondent and of any representative authorized to act for the Respondent in the proceedings (postal and e-mail addresses, and the telephone and telefax numbers);

  (3) Specify a preferred method for communications directed to the Respondent in the domain name dispute resolution proceedings, including person to be contacted, medium to be adopted and address information, for each of electronic-only material and material including hard copy;

  (4) If Complainant has elected a single member Panel in the Complaint, state whether Respondent elects instead to have the dispute decided by a three-member panel;

  (5) If either Complainant or Respondent elects a three-member Panel, provide the names of three candidates from the Provider's list of panelists to serve as one of the Panelists in the order of its own preference. The Respondent may also entrust the Provider to appoint the panelist on his behalf

  (6) Identify and state any other legal or arbitral proceedings which have been commenced or terminated in connection with or relating to any of the domain name(s) that is/are the subject of the complaint and provide all information available concerning such proceedings;

  (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 representative:

  “Respondent certifies that the response was filed in accordance with CNNIC Domain Name Dispute Resolution Policy and Rules for CNNIC Domain Name Dispute Resolution Policy as well as the relevant law; that the information contained in this Response is to the best of Respondent's knowledge complete and accurate; that the corresponding defenses and assertions shall be solely against the Complainant and waives all such defenses and assertions against the Provider and Panelists, the Registry and the Registrar, the registry administrator as well as the Agency.”;

  (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 Responden

t elects a three-member Panel, Respondent shall be required to pay one-half of the applicable fees for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the response to the Provider. In the event that the required payment is not made, the dispute shall be decided by a single member Panel.

  Article 20 At the request of the Respondent, the Provider may, under some special circumstances, extend appropriately the period of time for the filing of the response. The period may also be extended by the agreement between the parties, provided that the agreement is approved by the Provider.

  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 resolution shall be composed by either one single Panelist or three Panelists.

  Article 22 If neither the Complainant nor the Respondent has elected a three-member Panel, the Provider shall appoint, within five (5) calendar days following receipt of the response by the Provider, or the lapse of the time period for the submission thereof, a single Panelist from its list of panelists. The fees for a single member Panel shall be paid entirely by the Complainant.

  Article 23 If either the Complainant or the Respondent elects to have the dispute decided by a three-member Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Article 25 and 26 of these Rules. The fees for a three-member Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.

  Article 24 Unless it has already elected a three-member Panel and provided the names of the three candidates, the Complainant shall submit to the Provider, within three (3) calendar days of communication of a response in which the Respondent elects a three-member Panel, the names of three candidates to serve as one of the Panelists.

  Article 25 In the event that either the Complainant or the Respondent elects a three-member Panel, the Provider shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make that appointment from its list of panelists. The third Panelist shall be appointed by the Provider from its list of panelists. The third Panelist shall be the Presiding Panelist.

  Article 26 Where the Respondent fails to submit the response or, has submitted the response but fails to indicate how to designate the Panel, the Provider shall proceed to appoint the Panel as follows:

  (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 list of candidates provided by the Complainant and shall appoint the second Panelist and the Presiding Panelist from its list of panelists.

  Article 27 The Panelists shall have the right to decide by themselves whether to accept the appointment. To ensure the promptness and smoothness of the domain name dispute resolution proceedings, if any of the Panelists

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