Supplemental Rules to
HKDNR Domain Name Dispute Resolution
Policy-Individual Domain Name
(the "Supplemental Rules")
(Effective as of 21 February 2003)
Article 1.
Definitions
(1)
'HKIAC" means the Hong
Kong International Arbitration Centre.
(2)
"HKDNR" means the Hong Kong Domain Name Registration Company
Limited.
(3)
"Rules of Procedure" means the Rules for the HKDNR Domain
Name Dispute Resolution Policy-Individual Domain Name as approved
by HKDNR on 21 February 2003.
(4)
"HKDNR IDRP" means the HKDNR Domain Name Dispute Resolution
Policy-Individual Domain Name as approved by HKDNR on 21 February
2003.
(5)
"The HKIAC Supplemental Rules" means these Supplemental Rules
which are supplemental to the HKDNR Domain Name Dispute Resolution
Policy-Individual Domain Name (HKDNR IDRP) and Rules of Procedure
and are adopted by the HKIAC to administer Complaints and arbitration
proceedings in conformity with the HKDNR IDRP and the Rules of Procedure
and where required and permitted supplement them.
(6)
(6) Any terms defined in the HKDNR IDRP, Rules of Procedure and
which are not specifically defined herein shall have the same meaning
in these HKIAC Supplemental Rules as in the HKDNR IDRP and the Rules
of Procedure.
Article 2. Scope
(1)
These Supplemental Rules are
to be read and used in connection with the HKDNR IDRP and the Rules
of Procedure.
(2)
The HKDNR IDRP, the Rules of Procedure and the Supplemental Rules
shall be applicable to any .idv.hk domain name dispute in connection
with which a Complaint has been submitted to the HKIAC.
Article 3.
Communications Between Parties and the HKIAC
(1)
Unless otherwise agreed beforehand
with the HKIAC, any submission which may be or is required to be
made to the HKIAC pursuant to the HKDNR IDRP, the Rules of Procedure
and these Supplemental Rules may be made: -
(i)
by telecopy or facsimile, with
a confirmation of transmission; or
(ii)
by postage or courier service, pre-paid and documentary verification
of service and, for the purposes of these supplemental rules, double
registered post shall constitute good service; or
(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:-
All documentation submitted
in paper form to the HKIAC by the Parties shall be submitted in
five (5).
(3)
The HKIAC shall maintain a record of all communications received
or required to be made under the HKDNR IDRP, Rules of Procedure
and these Supplemental Rules for a period of one year from the date
of the filing of the initial Complaint. Subsequently all communications
and documentation received may be destroyed by the HKIAC at its
sole discretion.
Article 4. Communications
Between Parties and the Arbitration Panel
(1)
Where a Party intends to send
any communication to an Arbitration Panel, a copy shall be addressed
to the HKIAC.
(2)
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.
(3)
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.
Article 5. The Complaint
(1)
A Complainant who has selected
the HKIAC as the Provider shall submit its Complaint using Form
A-IDV (WORD format / PDF format).
(2)
The Complainant shall provide a copy of the Complaint to the HKDNR,
at the same time as it submits its complaint to the HKIAC.
(3)
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.
(4)
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.