Within three (3) calendar days after receiving the decision from the Arbitration Panel, the Provider shall communicate the full text of the decision to each Party, and HKDNR. The HKDNR shall immediately communicate to each Party, and the Provider, the date for the implementation of the decision in accordance with the Dispute Resolution Policy.

Except if the Arbitration Panel determines otherwise (see Paragraph 4(j) of the Dispute Resolution Policy), the Provider shall publish the full decision and the date of its implementation on a publicly accessible web site. In any event, the portion of any decision determining a Complaint to have been brought in bad faith (see Paragraph 15(e) of these Rules of Procedure) shall be so published.

If, before the Arbitration Panel's decision, the Parties agree on a settlement, the Arbitration Panel shall terminate the arbitration proceeding or, if so requested by the Parties, enter the settlement as the decision of the Arbitration Panel.

If, before an Arbitration Panel's decision is made, the Arbitration Panel determines that it has become unnecessary or impossible to continue the arbitration proceeding for any reason, the Arbitration Panel shall terminate the arbitration proceeding, unless a Party raises justifiable grounds, to be determined by the Arbitration Panel for objection to such termination within a period of time to be determined by the Arbitration Panel.

The Complainant shall pay to the Provider an initial fixed fee, in accordance with the Provider's Supplemental Rules, within the time and in the amount required. A Respondent electing under Paragraph 5(b)(iv) to have the dispute decided by a three-member Arbitration Panel, rather than the single-member Arbitration Panel elected by the Complainant, shall pay the Provider one-half the fixed fee for a three-member Arbitration Panel. See Paragraph 5(c). In all other cases, the Complainant shall bear all of the Provider's fees, except as prescribed under Paragraph 18(d).

Upon appointment of the Arbitration Panel, the Provider shall refund the appropriate portion, if any, of the initial fee to the Complainant, as specified in the Provider's Supplemental Rules.

No action shall be taken by the Provider on a Complaint until it has received from Complainant the initial fee in accordance with Paragraph 18(a).

If the Provider has not received the fee within three (3) calendar days of receiving the Complaint, the Complaint shall be deemed withdrawn and the arbitration proceeding terminated.

In exceptional circumstances, for example in the event an in-person hearing is held, the Provider shall request the Parties for the payment of additional fees, which amount shall be established by the Provider after consultation with the Parties and the Arbitration Panel. Such additional fees to be paid at such time and in such proportions as between the Parties, as the Provider determines in its sole discretion.

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.

back