The Provider selected by the Complaint shall review the Complaint for administrative compliance with the Dispute Resolution Policy and the Rules of Procedure and the Provider's Supplemental Rules and, if in compliance, shall forward the Complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 18.

If the Provider finds the Complaint to be administratively deficient, it shall promptly within three (3) calendar days 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calendar days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same domain name. The Provider shall forward the Complaint to the Respondent (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) within three (3) calendar days of the receipt by the Provider of the Complainant's corrections of the deficiencies in its Complaint.

The date of commencement of the arbitration proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) or 2(b) as the case may be in connection with the forwarding of the Complaint to the Respondent.

The Provider shall immediately notify the Complainant, the Respondent, and HKDNR of the date of commencement of the arbitration proceeding.

Within twenty (20) calendar days of the date of commencement of the arbitration proceeding the Respondent shall submit a Response to the Provider.

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

respond specifically to the statements and allegations contained in the Complaint and include any and all grounds for the Respondent 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;

provide the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Respondent and of any representative authorised to act for the Respondent in the arbitration proceeding;

specify a preferred method for communications to be directed to the Respondent during the course of the arbitration proceeding (including the person to be contacted, method of communication, and address information) for each of (A) electronic-only material and (B) other material including hard copy;

if the Complainant has elected a single-member panel in the Complaint (see Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel;

if either the Complainant or Respondent elects a three-member Panel provide the names of three (3) candidates to serve as one of the Panelist (these candidates must be drawn from the list of Panelists maintained by the Provider to which the Complaint is submitted);

if relevant identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Complaint;

state that a copy of the Response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and

conclude with the following statement followed by the signature of the Respondent or its authorised representative:-

"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, and that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under the Dispute Resolution Policy, the Rules of Procedure, [name of the Provider] Supplemental Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and

annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.

If the Complainant has elected to have the dispute decided by a single-member Arbitration Panel and the Respondent elects a three-member Arbitration Panel, the Respondent shall be required to pay one-half of the applicable fee for a three-member Arbitration 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 in such manner, the dispute shall be decided by a single-member Arbitration Panel.

At the request of the Respondent, the Provider may in its sole discretion, in exceptional cases, extend the period of time for the filing of the Response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.

If a Respondent does not submit a timely Response, in the absence of exceptional circumstances as determined by the Provider at its sole discretion, the Arbitration Panel shall decide the dispute based upon the Complaint and evidence submitted therewith.

back

continue