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Second Level, Commercial Third Level and Trial Chinese Domain
idv.hk Domain
Second Level, Commercial Third Level and Trial Chinese Domain
idv.hk Domain
Second Level, Commercial Third Level and Trial Chinese Domain
idv.hk Domain
 

 



11. Language of the Arbitration Proceedings

(a)  

Unless otherwise agreed by the Parties, the language of the arbitration proceedings shall be the language of the Registration Agreement, subject always to the authority of the Arbitration Panel to determine otherwise, having regard to all the circumstances of the arbitration proceeding.


(b)
 


An Arbitration Panel may order that any documents submitted in a language other than the language of the arbitration proceeding shall be accompanied by a translation in whole or in part into the language of the arbitration proceeding.


12. Further Statements

In addition to the Complaint and the Response, the Arbitration Panel may request, in its sole discretion, further statements or documents from either or both of the Parties.

13. In-Person Hearings

There shall be no in-person hearings (including hearings by teleconference, videoconference, and web conference), unless an Arbitration Panel determines, in its sole discretion and as an exceptional matter, that such a hearing is necessary for deciding the Complaint.

14. Default

(a)  

In the event that a Party, in the absence of exceptional circumstances as determined by the Arbitration Panel in its sole discretion, does not comply with any of the time periods established by these Rules of Procedure, the Provider's Supplemental Rules or the Arbitration Panel, the Arbitration Panel shall proceed to a decision on the Complaint.


(b)
 


If a Party, in the absence of exceptional circumstances as determined by a Arbitration Panel in it's sole discretion, does not comply with any provision of, or requirement under, these Rules of Procedure, the Provider's Supplemental Rules or any request from an Arbitration Panel, the Arbitration Panel may draw such inferences therefrom as it considers appropriate.


15. Arbitration Panel Decisions

(a)  

An Arbitration Panel shall decide a Complaint on the basis of the statements and documents submitted to it and in accordance with the Dispute Resolution Policy, the Rules of Procedure, the Provider's Supplementary Rules and the law which the Arbitration Panel deems applicable.


(b)
 


In the absence of exceptional circumstances as determined by a Arbitration Panel in its sole discretion, the Arbitration Panel shall forward its decision on the Complaint to the Provider within twenty-one (21) calendar days of its appointment pursuant to Paragraph 6 above.


(c)
 


In the case of a three-member Arbitration Panel, such Arbitration Panel's decision shall be made by a majority.


(d)
 


An Arbitration Panel's decision shall be in writing, provide the reasons on which it is based, indicate the date on which it was rendered and identify the name(s) of the Panelist(s).


(e)
 


Arbitration Panel decisions and dissenting opinions shall normally comply with the guidelines as to length set forth in the Provider's Supplemental Rules. Any dissenting opinion shall accompany the majority decision. If an Arbitration Panel concludes that the dispute is not within the scope of Paragraph 4(a) of the Dispute Resolution Policy, it shall so state. If after considering the submissions the Arbitration Panel finds that the Complaint was brought in bad faith, (for example in an attempt at Reverse Domain Name Hijacking) or was brought primarily to harass the domain-name holder, the Arbitration Panel shall declare in its decision that the Complaint was brought in bad faith and constitutes an abuse of the arbitration proceeding process.


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