Hong Kong International Arbitration Centre Rules for CNNIC Internet Keyword Dispute Resolution Policy

Chapter I General Provisions and Definitions

Article 1

With the view of ensuring the fairness, convenience and promptness of Internet Keyword dispute resolution process, these Rules are formulated in accordance with China Internet Network Information Center Internet Keyword Dispute Resolution Policy ( hereinafter referred to as the CNNIC IKDRP) .

Article 2

The following terms contained within the Hong Kong International Arbitration Centre Rules for CNNIC Internet Keyword Dispute Resolution Policy (hereinafter referred to as the Rules) have the following definitions:

1. Party means a Complainant or a Respondent.
2. Complainant means the party initiating a complaint concerning a n Internet Keyword registration with the Hong Kong International Arbitration Centre in accordance with CNNIC IKDRP and the RULES.
3. Respondent means the holder of the Internet Keyword against which a complaint is initiated.
4. Registry refers to China Internet Network Information Center (CNNIC).
5. Registrar refers to the entity authorized by CNNIC which has responsibility for administration of the Internet Keyword registration applications and completion of Internet Keyword registrations.
6. Agency refers to the entity which accepts the applications for registrations of the Internet Keywords on behalf of the Registrar.
7. Centre refers to “Hong Kong International Arbitration Centre”.
8. Panel means a panel composed of 1 or 3 Panelists who are appointed by the Centre to be responsible for the resolution of an Internet Keyword disputes.
9. Panelist means the individuals who are listed among the Name List of Panelists approved by the Centre and published at the Centre 's Web-site, and qualified to be members of the Panel for the resolution of the Internet Keyword disputes.

Chapter II Communications

Article 3

Any communication under these Rules shall abide by the following principles:

1. Word limit for a Complaint or a Response shall be 3,000 words maximum.
2. Any communication provided by a Party shall be copied and served to the other Party, the Panel and the Centre, as the case may be.
3. Any communication by the Centre to any Party shall be copied and served to the other Party.
4. Any communication by the Panel to any Party shall be copied and served to the other Party and the Centre.
5. It shall be the responsibility of the sender to retain records of the fact and circumstances of sending, which shall be available for inspection by affected parties and for reporting purposes.
6. In the event a Party sending a communication receives notification of non-delivery of the communication, or believes that he has not delivered the communication successfully, the Party shall promptly notify the Centre of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Centre.
7. Either Party may update its contact details by notifying the Centre.

Article 4

When forwarding a complaint to the Respondent, it shall be the Centre's responsibility to employ reasonably available means calculated to achieve actual notice to Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:

1. Sending the complaint to all postal-mail and facsimile addresses shown in the Registry's and the Registrar's Whois database for the registered Internet Keyword holder, administrative contact, the technical contact, the undertaker and the bill contact; and
2. Sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses shown in the Registry's and the Registrar's Whois database for the registered Internet Keyword holder, administrative contact, the technical contact, the undertaker and the bill contact, or if the Internet Keyword resolves to an active web page, sending the complaint in electronic form (including annexes to the extent available in that form) by e-mail to the e-mail addresses shown on that web page; and
3. Sending the complaint to any address the Respondent has notified the Centre it prefers and, to the extent practicable, to all other addresses provided to the Centre by the Complainant.

Article 5

Except as provided in the preceding Article, any written communication to Complainant or Respondent provided for under these Rules shall be made by the preferred means stated by the Complainant or Respondent respectively, or in the absence of such specification,

•  by telecopy or facsimile, with a confirmation of transmission; or

•  by postal or courier service, with postage pre-paid and documentary verification of service and, for the purposes of this sub-rule, double registered post shall constitute good service; or

•  electronically via the Internet, provided that a record of its transmission is available. For any electronic communications to the Centre, the email address keyword @hkiac.org shall be used.

Article 6

All documentation submitted in hard copy form to the Centre by the Parties shall be submitted in two (2) (in case of one-member Panel) or four (4) sets (in case of three-member Panel) together with the original copy marked " Original ".

Article 7

The Centre shall maintain an archive of all communications received or required to be made under these Rules for a period of one year from the date of filing the initial Complaint from the Complainant. Subsequently, all communications and documentation received shall be destroyed.

Article 8

Unless otherwise agreed by the Parties or determined in exceptional cases by the Panel, the language of the Internet Keyword dispute resolution proceedings shall be Chinese. The Panel may order that any documents submitted in languages other than Chinese be wholly or partially translated into Chinese.

Article 9

Except as otherwise provided in these Rules, or decided by a Panel, all communications provided for under these Rules shall be deemed to have been made:

1. If by facsimile transmission, on the date shown on the confirmation of transmission; or
2. If by postal or courier service, on the date marked on the receipt; or
3. If via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.

Article 10

Except as otherwise provided in these Rules, the date calculated under these Rules when a communication begin to be made shall be the earliest date that such communication is deemed to have been made in accordance with the preceeding Article.

Chapter III The Complaint

Article 11

Any person or entity may initiate an Internet Keyword dispute resolution proceedings by submitting a complaint in accordance with CNNIC IKDRP and these Rules to the Centre .

The Complainant shall be required to send its Complaint to the Centre in accordance with "the Complainant Filing Guidelines", using Form C-K under the cover of the "Complaint Transmittal Coversheet" (CTC) which are set out and posted on the Centre's website at http://www.hkiac.org .

Article 12

The complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form, and shall:

1. Request that the complaint be submitted for decision in accordance with CNNIC IKDRP and these Rules;
2. Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the complaint and of any representative authorised to act for the Complainant in the proceedings;
3. Specify a preferred method for communications directed to the Complainant in Internet Keyword 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. Designate whether Complainant elects to have the dispute decided by a single-member Panel or a three-member Panel and, in the event Complainant elects a three-member Panel, provide the names of three candidates from the Centre's list of Panelists to serve as one of the Panelists in the order of its own preference. The Complainant may also entrust the Centre to appoint the Panelist on his behalf;
5. Provide the name of the Respondent (Internet Keyword holder) and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to the Complainant regarding how to contact the Respondent or any representative of the Respondent, in sufficient detail to allow the Centre to send the complaint as described in Article 4 of these Rules;
6. Specify clearly the Internet Keyword (s) that is/are the subject of the complaint;
7. Identify the Registrar and/or the Agency with whom the Internet Keyword (s) is/are registered at the time the complaint is filed;
8. Specify the rights or legitimate interests on which the complaint is based with regard to the disputed Internet Keyword, annexing all materials showing evidence of the rights and interests;
9. Describe, in accordance with CNNIC IKDRP, the grounds on which the complaint is made including, in particular,
1. the complainant enjoys the right or legitimate interest protected by Chinese laws;
2. the disputed Internet Keyword is identical with or confusingly similar to the complainant's name or mark in which the Complaint has civil rights or interests;
3. the disputed Internet Keyword holder has no right or legitimate interest in respect of the Internet Keyword or major part of the Internet Keyword;
4. the disputed Internet Keyword holder has registered or is using the Internet Keyword in bad faith.
   
10. Specify, in accordance with Article 10 of CNNIC IKDRP, 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 Internet Keyword (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 (Internet Keyword 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 Internet Keyword Dispute Resolution Policy and the HKIAC Rules for Internet Keyword 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 Internet Keyword holder and waives all such claims and remedies against the Centre 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 Internet Keyword, provided that the Internet Keywords are registered by the same Internet Keyword holder.

Article 14

After receipt of the complaint, the Centre shall review the complaint for administrative compliance with CNNIC IKDRP and these Rules and, if in compliance, shall forward the copy of the complaint to the Respondent, in the manner prescribed by Article 4 of these Rules, within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Chapter IX of these Rules.

If the Centre 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 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 Internet Keyword dispute resolution proceedings shall be the date on which the Centre completes its responsibilities under Article 4 of these Rules in connection with forwarding the Complaint to the Respondent.

Article 16

The Centre shall immediately notify the parties, the concerned Registrar of the date of commencement of the Internet Keyword 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 Centre.

The Respondent shall be required to send its Response to the Centre in accordance with "the Response Filing Guidelines", using Form R -K which is set out and posted on the Centre's website at http://www .hkiac.org .

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 reasons for the Respondent (Internet Keyword holder) to retain registration and use of the disputed Internet Keyword;
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 Internet Keyword 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 the 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 Centre's list of Panelists to serve as one of the Panelists in the order of its own preference. The Respondent may also entrust the Centre 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 Internet Keyword(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 Internet Keyword Dispute Resolution Policy and Hong Kong International Arbitration Centre Rules for CNNIC Internet Keyword 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 Centre 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 Respondent 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 Article 49 of these Rules. This payment shall be made together with the submission of the response to the Centre. 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 Centre 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 Centre.

Chapter V Appointment of the Panel

Article 21

The Centre shall maintain and publish a publicly available name list of Panelists. The Panel in charge of the Internet Keyword dispute resolution shall be composed by either one single Panelist or three Panelists.

For the Panelist(s) appointment of specific case, the Centre shall appoint suitable person(s) from the list, having regard to:

1. the nature of the dispute;
2. the availability of the Panelist(s);
3. the identity of the Parties;
4. the independence and impartiality of the Panelist(s);
5. any stipulation in the relevant Registration Agreement.

Article 22

If neither the Complainant nor the Respondent has elected a three-member Panel, the Centre shall appoint, within five (5) calendar days following receipt of the response by the Centre, 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 Centre shall appoint three Panelists in accordance with the procedures identified in Article 2 4 and 2 5 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 Centre, 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 Centre shall endeavor to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Centre 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 Centre shall make that appointment from its list of Panelists. The third Panelist shall be appointed by the Centre 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 Centre shall proceed to appoint the Panel as follows:

1. If the Complainant has designated a single-member Panel, the Centre shall appoint the Panelist from its list of Panelists;
2. If the Complainant has designated a three-member Panel, the Centre 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 Internet Keyword dispute resolution proceedings, if any of the Panelists designated cannot accept the appointment, the Centre shall appoint another Panelist from its list of Panelists at its own discretion.

Article 28

Once the entire Panel is appointed, the Centre shall promptly forward the case file to all members of the Panel and shall notify immediately the parties of the Panelists appointed and the date by which the Panel shall forward its decision on the complaint to the Centre.

Article 29

Prior to the appointment of any proposed Panelist(s), and after the appointment, the Panelist(s) shall declare in writing to the Parties and the relevant Office of the Centre any circumstances which are likely to create an impression of bias or prevent a prompt resolution of the dispute between the Parties. Except by consent of the Parties, no person shall serve as a Panelist(s) in any dispute in which that person has any interest, which, if a Party knew of it, might lead him/her to think that the Panelist(s) might be biased.

After a Panelist(s) has been appointed but before rendering a decision, a Panelist(s) dies, is unable to act, or refuses to act, the Centre will, upon request by either Party, appoint a replacement Panelist(s).

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 Centre shall be made to a case administrator appointed by the Centre in the manner prescribed in the se 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 CNNIC IKDRP, 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.

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 evidence submitted to the Panel.

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 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 their 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 there from 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 CNNIC IKDRP adopted by CNNIC.

Article 37

The Panel shall forward its decision to the Centre within fourteen (14) days of its appointment. In exceptional circumstances, the Centre may extend the time limit as required for the Panel to forward its Decision .

Article 38

The Panelists shall submit the draft decision to the Centre before signing the decision. The Centre may review the form of the decision 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, providing the final decision and the reasons on which it is based, indicating 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 the RULES and the CNNIC IKDRP, 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 CNNIC IKDRP.

Article 41

In accordance with Article 3 (a) of these Rules, the (maximum) word limit in the part of "Facts and Legal Grounds" in the Complaint and Response shall be 3,000 words respectively. Parties are required to observe this as the Panel in its own discretion shall have liberty to ignore those words exceeding the maximum stated limit.

In accordance with Article 3 8 and 39 of the Rules, the Panel in its own discretion shall have liberty to determine the length of its Decision. There shall be no set word limits for the Panel's Decision.

Article 42

In the event of any legal or arbitral proceedings initiated prior to or during the Internet Keyword dispute resolution proceedings in respect of an Internet Keyword which is the subject of the complaint, the Centre 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 Internet Keyword dispute resolution proceedings in respect of an Internet Keyword which is the subject of the complaint, it shall promptly notify the Panel and the Centre.

Article 43

Before the Panel's decision, the Internet Keyword 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 , Publication and Correction of the Decision

Article 44

The Centre shall within three (3) calendar days of its receipt of a decision from the Panelist(s) submit the decision to the Parties, the concerned Registrar(s) and CNNIC. Unless the Panel, at request of one party or considering the specific situation of the Case, determines otherwise, the Centre shall within ten ( 10 ) calendar days of its receipt of a decision from the Panelist(s) publish the full decision on the Centre's website.

Listing:

1. the case number;
2. the Internet Keyword that is in dispute and is the subject of the Complaint;
3. the names of the Complainant and the Respondent;
4. the decision rendered by the Panelist(s);
5. the publishing date of the Decision.

Article 45

Within seven (7) days of receiving the decision, a Party may by written notice to the Centre and the other Party requests the Panel to correct in the decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. Any such corrections shall be given in electronic form and in hard copy to the Parties and shall become part of the decision.

Article 46

The Panel may correct any errors on its own initiative of the type referred to in Article 45 within seven (7) days of the date of the decision being rendered.

Chapter VIII Appointment of the Case Administrator

Article 47

Upon acceptance of the Complaint, the Centre shall appoint a member of its staff who shall be the Case Administrator and shall be responsible for the procedural matters relating to the dispute. The Case Administrator shall provide administrative assistance to the Panel, but shall have no authority to decide matters of a substantive nature concerning the Internet Keyword dispute.

Article 48

Communication between the Panelist(s) and the Parties shall be coordinated through the Case Administrator.

Chapter IX Fees

Article 49

The applicable fees for documents-only administrative procedure are specified as follows:-

Article 50

The Complainant shall pay to the Centre an initial fixed fee, in accordance with these 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 Centre one-half the fixed fee for a three-member Panel. In all other cases, the Complainant shall bear all of the Centre's fees.

Article 5 1

No action shall be taken by the Centre on a complaint until it has received from the Complainant the initial fee in accordance with these Rules. If the Centre has not received the stipulated fees within eight (8) calendar days of receiving the complaint, the complaint shall be deemed withdrawn and the proceedings terminated.

Article 52

Fees to be paid to the Centre in accordance with these Rules may be paid by cash, cheque, telegraphic transfer or draft made payable to "Hong Kong International Arbitration Centre". Generally, all fees to be paid shall be in Chinese currency (RMB). If other currencies are used, the exchange rate calculation shall be based on the current prevailing rate of exchange.

Article 53

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 Centre shall request the parties for the payment of additional fees, which shall be established in agreement with the Parties and the Panel.

Article 54

The said fees do not include any payments that might have to be made to a lawyer representing a Party.

Article 55

All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the Centre shall be the responsibility of the Party making the payment.

Chapter IX Supplementary Provisions

Article 56

Without prejudice to any existing rule of law, no Panelist shall be liable to any Party, a concerned Registrar or CNNIC for any act or omission in connection with the administrative proceedings conducted under these Rules and the Policy, save in the case of fraud or dishonesty or deliberate wrongdoing.

Article 57

Without prejudice to any existing rule of law, the Centre, its officers and its staff, shall not be liable to any Party, a concerned Registrar or CNNIC for any act or omission in connection with any administrative proceedings conducted under these Rules and the Policy, save in the case of fraud or dishonesty or deliberate wrongdoing.

Article 58

Subject to the Policy, the Centre may amend these Rules from time to time at its sole discretion.

Article 59

•  Words importing the singular number only shall include the plural and the converse shall also apply.

•  Words importing the masculine gender shall include the feminine gender and the converse shall also apply.

Article 60

These Rules are subject to the interpretation of HKIAC