|
Hong Kong International Arbitration Centre
Domain Name Dispute Supplemental Rules
(the "HKIAC Supplemental Rules")
| Article
6.
Compliance Review |
 |
| (1) |
|
The HKIAC shall, within three (3) business days of receiving
the fees in connection with a Complaint, examine the Complaint
for compliance with the Dispute Resolution Policy, the Rules
of Procedure and these HKIAC Supplemental Rules and shall notify
the Complainant of any deficiencies therein.
|
(2) |
|
The Complainant shall remedy any deficiencies identified by
the HKIAC within five (5) business days, failing which the arbitration
proceedings will be deemed withdrawn in accordance with Paragraph
4(b) of the Rules of Procedure.
|
Article 7.
The Response
| (1) |
|
Within fifteen (15) business days of the date of commencement
of the arbitration proceeding the Respondent shall submit five
(5) copies of a Response using Form B to the HKIAC.
|
(2) |
|
In accordance with Paragraph 5(b)(vii) of the Rules of Procedure,
the Respondent shall provide a copy of the Response to the Complainant
at the time it makes its submission to the HKIAC.
|
Article 8.
Procedures for the Appointment of Panelists
| (1) |
|
The HKIAC shall maintain and publish on its website http://www.hkiac.org
a list of Panelist and their qualifications. For arbitration
proceedings under the Dispute Resolution Policy, the Rules of
Procedure and the HKIAC Supplemental Rules, the HKIAC shall
appoint suitable persons from its list of Panelists, having
regard to:-
|
|
(a) |
the
nature of the dispute; |
| |
(b) |
the availability of the Panelist(s); |
| |
(c) |
the identity of the Parties; |
| |
(d) |
the
independence and impartiality of the Panelist(s); |
| |
(e) |
any
stipulation in the relevant Registration Agreement; and |
| |
(f) |
any
suggestions made by the Parties themselves in accordance with
Paragraph 6 of the Rules of Procedure. |
| (2) |
|
Where the Complainant has initially requested a three member
Arbitration Panel and no Response was submitted by the Respondent
in accordance with Paragraph 5(a) of the Rules of Procedure,
the Complainant shall be given the option of converting the
three member Arbitration Panel to a single Panelist, within
five (5) business days of being notified by the HKIAC of no
response by the Respondent, failing which a three member Arbitration
Panel shall be constituted.
|
(3) |
|
If a single Panelist is appointed in accordance with paragraph
8(2) of these HKIAC Supplemental Rules, the HKIAC shall reimburse
to the Complainant an amount equal to the difference between
the total fees for a three member panel and the total fees for
a single panelist in accordance with Article 15 of these HKIAC
Supplemental Rules.
|
Article 9. Impartiality
and Independence
| (1) |
|
Panelist shall be and remain at all times wholly independent
and impartial, and shall not act as advocate for any Party during
the proceedings.
|
(2) |
|
Prior to appointment, any proposed Panelist, and after appointment,
a Panelist, shall declare in writing to the Parties and the
HKIAC any circumstances which could give rise to justifiable
doubt as to the Panelist's impartiality or independence or prevent
a prompt resolution of the dispute between the Parties. Except
by consent of the Parties, no person shall serve as a Panelist
in any dispute in which that person has any interest, which,
if a Party knew of it, might lead such Party to think that the
Panelist might be not be impartial or independent.
|
(3) |
|
After a Panelist has been appointed, but before rendering a
decision, the Panelist dies, is unable to act, or refuses to
act, the HKIAC shall, upon written request by either Party,
appoint a replacement Panelist from the HKIAC's list of Panelists.
|
(4) |
|
A Party may challenge a Panelist's impartiality or independence
by filing a written request to the HKIAC within five (5) business
days of the date of receipt of the notice of appointment of
the Panelist in question, stating the circumstances likely to
give rise to justifiable doubt as to the relevant Panelist's
impartiality or independence, together with specific reasons
therefore. The HKIAC, in its sole discretion, shall decide whether
such doubts are justified, and if the HKIAC so finds, the HKIAC
shall remove the Panelist against whom the challenge was made
and replace such Panelist with another Panelist from the HKIAC's
list of Panelists.
|
Article 10. Arbitration
Panel Decisions
| (1) |
|
An Arbitration Panel shall make its decision in writing and
shall state the reasons upon which the decision is based. The
decision shall be dated and signed by the member of the Arbitration
Panel according to the requirements set forth in Paragraph 15
of the Rules of Procedure.
|
(2) |
|
The Arbitration Panel shall forward its decision to the HKIAC
within fifteen (15) business days of its appointment.
|
(3) |
|
The HKIAC shall within three (3) business
day's of its receipt of a decision from an Arbitration Panel forward
copies of the decision to the Parties and the HKDNR. |
Article 11. Correction
of Arbitration Panel Decisions
| (1) |
|
Within five (5) business days of receiving a decision of an
Arbitration Panel, a Party may by written notice to the HKIAC,
the other Party, the Arbitration Panel, the Registrar(s) and
the HKDNR, request the Arbitration Panel to correct in the decision
any errors in computation, any clerical or typographical errors
or any errors of a similar nature. To the extent to which the
Arbitration Panel believes such corrections are justified, it
shall make such corrections in writing and shall forward same
to the Parties with copies to the HKIAC and the HKDNR within
three (3) business days of a request and such corrections shall
become part of the Arbitration Panel's decision.
|
(2) |
|
An Arbitration Panel may on its own initiative within five (5)
business days of the date a decision is rendered make corrections
of the type referred to in Article 11(1) above and shall forward
copies of such corrections to the HKIAC and HKDNR within such
five (5) business days. Such corrections become part of the
Arbitration Panel's decision.
|
|