Supplemental Rules to HKDNR Domain Name Dispute
Resolution
Policy-Individual Domain Name
(the "Supplemental Rules")
(Effective as of 21 February 2003)
| Article 12.
Publication of Decision |
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The HKIAC shall submit the decision
of an Arbitration Panel to the Parties, and the HKDNR as required by the
HKDNR IDRP and the Rules of Procedure. Unless the Panel determines otherwise,
the HKIAC shall publish the full decision on the HKIAC's Web site at www.hkiac.org
.
Article 13.
Limits on Description of Written Statements
| (1) |
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In accordance with Paragraph
3(b)(ix) of the Rules of Procedure in regards to the description
of the grounds on which the Complaint is made and Paragraph 5(b)(i)
of the Rules of Procedure in respect to the description of the grounds
on which the Response is made, the maximum word limit shall be 3,000
words.
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(2) |
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In accordance with Paragraph 15(e) of the Rules of Procedure, there
shall be no set word limits for a decision of an Arbitration Panel.
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Article 14.
Appointment of Case Administrator
| (1) |
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When a Complaint is sent by
the HKIAC to a Respondent, the HKIAC shall notify the Parties of
the name and contact details of the Case Administrator at the HKIAC
responsible for the administrative matters relating to the arbitration
proceedings in question.
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(2) |
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All communications to the HKIAC provided for
in the Rules of Procedure and these Supplemental Rules shall be addressed
to the Case Administrator so appointed. |
Article 15.
Fees (Hong Kong Dollars)
| (1) |
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The applicable fees for each
domain name arbitration procedure are as follows :-
|
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Single
Panelist
|
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Three Member
Panel
|
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HKIAC
Administrative Fee
|
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Total Fees
|
|
|
|
|
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Single
Panelist
|
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Three Member
Panel
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4,000
|
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12,000
|
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4,000
|
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8,000
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16,000
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| (2) |
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If there are any deficiencies
in the Complaint, an additional charge of HK$2,000 shall be paid
by the Complainant and shall accompany the submission of the correction
of such deficiencies.
|
(3) |
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Fees to be paid to the HKIAC in accordance with
these Supplemental Rules shall be paid free of any bank charges, transfer
fees or any withholdings in Hong Kong Dollars (HK$) only by cheque,
draft or telegraphic transfer. Cheques and draft are to be made payable
to the "Hong Kong International Arbitration Centre". Telegraphic
transfers shall be made as follows:- |
|
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Account Name: Hong Kong International Arbitration
Centre
Account Number: 004 567 190897 001
HSBC
1, Queens Road, Central,
Hong Kong |
(4) |
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The Complainant shall be responsible for paying
all the fees, unless the Respondent has chosen to have the Complaint
decided by three (3) Panelists whereas the Complainant has chosen
to have the Complaint decided by one (1) Panelist. Notwithstanding
the foregoing additional fees may be required in the circumstance
described in Paragraph 18(d) of the Rules of Procedure. |
(5) |
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The fees to be paid to the HKIAC do not include
any payments, which a Party might have to be made to a lawyer or representative
representing such party. Such fees are purely a matter for each party.
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Article 16. Exclusion of
Liability
| (1) |
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Without prejudice to any existing
rule of law, no Panelist shall be liable to any Party or HKDNR for
any act or omission in connection with the arbitration proceedings
conducted under the HKDNR IDRP, the Rules of Procedure and the Supplemental
Rules, save in the case of fraud or dishonesty or deliberate wrongdoing.
|
(2) |
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Without prejudice to any existing rule of law, neither the HKIAC
nor its Council Members, staff, employees or agents shall be liable
to any Party or HKDNR for any act or omission in connection with
any arbitration proceedings conducted under the HKDNR IDRP, the
Rules of Procedure and the Supplemental Rules, save in the case
of fraud or dishonesty or deliberate wrongdoing.
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Article 17. Miscellaneous
| (1) |
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Words importing the singular
number only shall include the plural and the converse shall also
apply.
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(2) |
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Words importing the masculine gender shall include the feminine
gender and the converse shall also apply.
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Article 18.
Amendments
Subject to the HKDNR IDRP and the
Rules of Procedure, HKIAC may amend these Supplemental Rules from time
to time at its sole discretion.
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