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

designated cannot accept the appointment， the Provider shall appoint another Panelist from its list of panelists at its own discretion.

　　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 immediately the parties of the Panelists a

ppointed and the date by which the Panel shall forward its decision on the complaint to the Provider.

　　Article 29 A Panelist shall be impartial and independent and shall have， before accepting appointment， disclosed to the Provider any circumstances giving rise to justifiable doubt as to the Panelist's impartiality or independence. If， at any stage during the proceedings， new circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of the Panelist， that Panelist shall promptly disclose such circumstances to the Provider. In such event， the Provider shall have the discretion to appoint a substitute Panelist.

　　Prior to the acceptance of appointment as a Panelist， a candidate shall be required to submit to the Provider a Declaration of Independence and Impartiality in writing.

　　Where either party thinks that any Panelist has material interests with the opposing party and that such circumstance may affect the fair ruling of the case， that party may request to the Provider for removing the Panelist before the Panel has rendered its decision. Removal of the Panelist shall be in the Provider's discretion.

　　Article 30 No Party or anyone acting on its behalf may have any unilateral communication with the Panel. All communications between a Party and the Panel or the Provider shall be made to a case administrator appointed by the Provider in the manner prescribed in the Provider's Supplemental Rules.

　　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 on the basis of the statements and documents submitted and in accordance with CNDRP， as well as any rules and principles of law which it deems applicable. If a Respondent does not submit a response， the Panel shall， in absence of exceptional circumstances， decide the dispute based upon the 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 present its case， give out its reasons and provide the evidence.

　　The Panel shall ensure that the proceedings take place with due expedition. It may， at the request of a party， extend， under some special circumstances， a period of time fixed by these Rules.

　　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 either of the parties.

　　Article 33 Under the normal circumstances， there shall be no in-person hearings （including hearings by teleconference， videoconference， and web conference）， unless the Panel determines that such a hearing is necessary for deciding the complaint. Either of the parties may request the Panel to hold an in-person hearing at his own expenses.

　　Article 34 In the event that a party， in the absence of exceptional circumstances， does not comply with any of the provisions established by these Rules or any of the time periods fixed by the Panel， the Panel shall proceed to a decision on the complaint.

　　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 Panel， the Panel shall draw such inferences therefrom as it considers appropriate.

　　Article 36 In the event of multiple disputes between the parties， either party may petition to consolidate the disputes before a single Panel. This petition shall be made to the first Panel appointed to hear a pending dispute between the parties. This Panel may consolidate before it any or all such disputes in its sole discretion， provided that the disputes being consolidated are governed by CNDRP adopted by CNNIC.

　　Article 37 In the absence of e

xceptional circumstances， the Panel shall render its decision on the complaint and forward the decision to the Provider within fourteen （14） calendar days of its appointment.

　　Article 38 The Panelists shall submit the draft decision to the Provider before signing the decision. The Provider may review the form of the award on condition that the Panelists' independence of decision is not affected.

　　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 the majority cannot be reached， the decision shall be decided by the Presiding Panelist. Any dissenting opinion shall accompany the majority decision.

　　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 based， indicate the date on which it was rendered and identify the name（s） of the Panelists.

　　If the Panel concludes that the dispute is not within the scope of CNDRP， it shall so state. If after considering the submissions the Panel finds that the complaint was brought in bad faith， ， the Panel may declare in its decision that the complaint constitutes an abuse of the domain name dispute resolution procedure.

　　Article 41 In the event of any legal or arbitral proceedings initiated prior to or during the domain name dispute resolution proceedings in respect of a domain name which is the subject of the complaint， the Provider or the Panel shall have the discretion to decide whether to suspend or terminate the proceedings， or to proceed to a decision.

　　Where a party initiates any legal or arbitral proceedings during the pendency of the domain name dispute resolution proceedings in respect of a domain name which is the subject of the complaint， it shall promptly notify the Panel and the Provider.

　　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 grounds for objection within a period of time to be determined by the Panel.

　　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 to each party， the Registrar and CNNIC.

　　Article 44 Unless the Panel， at request of one party or considering the specific situation of the Case， determines otherwise， the Provider shall publish the full decision on a publicly accessible web site within the time limit stipulated in Article 43.

　　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 and in the amount required. A Respondent electing to have the dispute decided by a three-member Panel， rather than the single member Panel elected by the Complainant， shall pay the Provider one-half the fixed fee for a three-member Panel. In all other cases， the Complainant shall bear all of the Provider's fees.

　　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 the Provider's Supplemental Rules.

　　Article 47 If the Provider has not received the fees within eight （8） calendar days of receiving the complaint， the complaint shall be deemed withdrawn and the proceedings terminated.

　　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， the Provider shall request the parties for the payment of additional fees， which shall be established in agreement with the Parties and the Pan

el.

　　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 in connection with any proceedings under these Rules.

　　Article 50 These Rules are subject to the interpretation of CNNIC.

　　Article 51 These Rules shall enter into force as of September 30， 2002

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