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11. Language of the Arbitration Proceedings |
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| (a) |
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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.
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(b) |
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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.
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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) |
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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.
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(b) |
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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.
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15. Arbitration Panel Decisions
| (a) |
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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.
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(b) |
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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.
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(c) |
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In the case of a three-member Arbitration Panel, such Arbitration
Panel's decision shall be made by a majority.
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(d) |
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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).
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(e) |
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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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