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| Article 1.
Definitions |
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| (1) |
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'HKIAC" means the Hong
Kong International Arbitration Centre.
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(2) |
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"HKDNR" means the Hong Kong Domain Name Registration Company
Limited.
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(3) |
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"Rules of Procedure" means the HKDNR Domain Name Dispute
Resolution Policy Rules of Procedure as approved by HKDNR on
27 June 2005.
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(4) |
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"Dispute Resolution Policy" means the HKDNR Domain Name
Dispute Resolution Policy as approved by HKDNR on 27 June 2005.
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(5) |
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"The HKIAC Supplemental Rules" means these Supplemental Rules
which are supplemental to the Dispute Resolution Policy and Rules
of Procedure and are adopted by the HKIAC to administer Complaints
and arbitration proceedings in conformity with the Dispute Resolution
Policy and the Rules of Procedure and where required and permitted
supplement them.
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(6) |
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Any terms defined in the Dispute Resolution Policy, Rules of Procedure
and which are not specifically defined herein shall have the same
meaning in these HKIAC Supplemental Rules as in the Dispute Resolution
Policy and the Rules of Procedure.
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Article 2. Scope
| (1) |
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These HKIAC Supplemental Rules
are to be read and used in connection with the Dispute Resolution
Policy and the Rules of Procedure.
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(2) |
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The Dispute Resolution Policy, the Rules of Procedure and the HKIAC
Supplemental Rules shall be applicable to any .hk domain name dispute
in connection with which a Complaint has been submitted to the HKIAC.
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Article 3.
Communications Between Parties and the HKIAC
| (1) |
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Unless otherwise agreed beforehand
with the HKIAC, any submission which may be or is required to be
made to the HKIAC pursuant to the Dispute Resolution Policy, the
Rules of Procedure and these HKIAC Supplemental Rules may be made:
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(i) |
by telecopy or facsimile, with
a confirmation of transmission; or
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(ii) |
by postage or courier service, pre-paid and documentary verification
of service and, for the purposes of this sub rule, double registered
post shall constitute good service; or
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(iii) |
electronically via the Internet, provided a record of its transmission
is available. For the purposes of any electronic communications
to the HKIAC, the following address shall be used:-
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hkdomain@hkiac.com.hk |
| (2) |
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All documentation submitted
in paper form to the HKIAC by the Parties shall be submitted in
five (5).
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(3) |
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The HKIAC shall maintain a record of all communications received
or required to be made under the Dispute Resolution Policy, Rules
of Procedure and these HKIAC Supplemental Rules for a period of
one year from the date of the filling of the initial Complaint.
Subsequently all communications and documentation received may be
destroyed by the HKIAC at its sole discretion.
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Article 4. Communications
Between Parties and the Arbitration Panel
| (1) |
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Where a Party intends to send
any communication to an Arbitration Panel, a copy shall be addressed
to the HKIAC.
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(2) |
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Where a Party sends any communication to the HKIAC, it shall at
the same time send a copy to the other Party with verification of
service lodged with the HKIAC.
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(3) |
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Any communication provided herein by facsimile, email, or post.
Any communication by post shall be deemed to be received two (2)
business days after posting in the case of local mail and seven
(7) business days in respect of overseas mail. While any communication
by facsimile or email shall be deemed to be received on the same
day as transmitted.
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Article 5. The Complaint
| (1) |
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A Complainant who has selected
the HKIAC as the Provider shall submit its Complaint using Form
A hereto.
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(2) |
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The Complainant shall provide a copy of the Complaint to the HKDNR,
at the same time as it submits its complaint to the HKIAC.
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(3) |
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In accordance with Paragraphs 4(a) and 18 of the Rules of Procedure,
the HKIAC shall forward the Complaint to the Respondent within three
(3) calendar days following receipt of the initial fee by the Complainant,
or three (3) calendar days after the Complainant has rectified the
deficiencies in the Complaint, if any, whichever is later.
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(4) |
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The arbitration proceeding in respect of a Complaint shall be deemed
to have commenced on the date that the HKIAC forwards the Complaint
to the Respondent.
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continue
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