HKDNR DOMAIN NAME DISPUTE RESOLUTION POLICY
-INDIVIDUAL DOMAIN NAME
RULES OF PROCEDURE
(the "Rules of Procedure")
(Effective as of 21 February 2003)

1. Definitions

In these Rules:

Arbitration Panel means an arbitration panel appointed by a Provider to decide a Complaint concerning a .idv.hk domain-name registration.

Complaint means a Complaint referred to in Paragraph 3 of these Rules of Procedure.

Complainant means the Party initiating a Complaint concerning a .idv.hk domain-name registration.

HKDNR refers to the Hong Kong Domain Name Registration Company Limited.

Panelist means an individual member of an Arbitration Panel appointed by a Provider.

Party means a Complainant or a Respondent.

HKDNR IDRP means the HKDNR Domain Name Dispute Resolution Policy-Individual Domain Name which is incorporated by reference and made a part of the Registration Agreement.

Provider means a .idv.hk domain name arbitration dispute-resolution service provider approved by the HKDNR.

Registration Agreement means the agreement between HKDNR and a domain-name holder in respect of a .idv.hk domain name.

Respondent means the registered holder of a .idv.hk domain-name against whom a Complaint is initiated.

Response means a Response referred to in Paragraph 5 of these Rules of Procedure.

Reverse Domain Name Hijacking means using the HKDNR IDRP in bad faith to attempt to deprive a registered .idv.hk domain-name holder of a .idv.hk domain name.

Supplemental Rules means the Supplemental Rules adopted by the Provider administering a .idv.hk domain name arbitration proceeding. The Supplemental Rules shall cover such topics as fees, word and page limits and guidelines, the means for communicating with the Provider and the Arbitration Panel, the form of cover sheets, and among other matters. In the event that a conflict between the HKDNR IDRP and the Rules of Procedure on one hand, and the Supplemental Rules on the other hand, the HKDNR IDRP and the Rules of Procedure shall prevail.

2. Communications

1. When forwarding a Complaint to the Respondent, it shall be the Provider's responsibility to employ reasonably available means calculated to achieve actual notice to the Respondent. Achieving actual notice, or employing the following measures to do so, shall discharge this responsibility:
   
   
   1. sending the Complaint to all postal-mail and facsimile addresses (A) shown in the domain name's registration data through HKDNR's WHOIS function at www.hkdnr.net.hk for the registered domain-name holder, the technical contact, and the administrative contact and (B) supplied by HKDNR to the Provider for the registration's billing contact; and
   2. sending the Complaint in electronic form (including annexes to the extent available in that form) by e-mail to:
      
      
      1. the e-mail addresses for those technical, administrative, and billing contacts;
      2. postmaster@<the contested domain name>; and
      3. if the domain name (or "www." followed by the domain name) resolves to an active web page (other than a generic page the Provider concludes is maintained by HKDNR or ISP for parking domain-names registered by multiple domain-name holders), any e-mail address shown or e-mail links on that web page; and
      
      
   3. sending the Complaint to any address the Respondent has notified to the Provider in writing (including email) at which it prefers and, to the extent practicable, to all other addresses provided to the Provider by Complainant under Paragraph 3(b)(v).
   
   
2. Except as provided in Paragraph 2(a), any written communication to Complainant or Respondent provided for under these Rules of Procedure shall be made by the preferred means stated by the Complainant or Respondent, respectively (see Paragraphs 3(b)(iii) and 5(b)(iii)), or in the absence of such specification



1. by telecopy or facsimile transmission, with a confirmation of transmission; or
2. by postage or courier service, fees pre-paid and return receipt requested; or
3. electronically via the Internet, provided a record of its transmission is available.


3. Any communication to the Provider or an Arbitration Panel shall be made by the means and in the manner (including number of copies) stated in the Provider's Supplemental Rules.



4. Communications shall be made in the language prescribed in Paragraph 11 of these Rules of Procedure. E-mail communications should, if practicable, be sent in plaintext.



5. Either Party may update its contact details by notifying the Provider and in the case of the Respondent, the HKDNR.



6. Except as otherwise provided in these Rules of Procedure, or decided by an Arbitration Panel, all communications provided for under these Rules of Procedure shall be deemed to have been made:
   
   
1. if delivered by telecopy or facsimile transmission, on the date shown on the confirmation of transmission; or
2. if by postal or courier service, on the date marked on the receipt; or
3. if via the Internet, on the date that the communication was transmitted, provided that the date of transmission is verifiable.


7. Except as otherwise provided in these Rules of Procedure, all time periods calculated under these Rules of Procedure to begin when a communication is made shall begin to run on the earliest date that the communication is deemed to have been made in accordance with Paragraph 2(f) above.



8. Any communication by



1. an Arbitration Panel to any Party shall be copied to the Provider and to the other Party;
2. the Provider to any Party shall be copied to the other Party and if appropriate, to an Arbitration Panel; and
3. a Party shall be copied to the other Party, the Arbitration Panel and the Provider, as the case may be.


9. It shall be the responsibility of the sender of a communication to retain records of the fact and circumstances of the sending, which shall be available for inspection by affected parties and for reporting purposes.



10. In the event a sender sends a communication and receives notification of non-delivery of the communication, the sender shall promptly notify the Arbitration Panel, the Provider and the relevant parties of the circumstances of the notification. Further proceedings concerning the communication and any response shall be as directed by the Arbitration Panel, or if no Arbitration Panel is yet appointed, the Provider.

3. The Complaint

1. Any person or entity may initiate an arbitration proceeding by submitting a Complaint in accordance with the HKDNR IDRP and these Rules of Procedure to any Provider which such person or entity may select.



2. The Complaint shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:



1. request that the Complaint be submitted to arbitration in accordance with the HKDNR IDRP and these Rules of Procedure and the Supplemental Rules of the Provider;
2. state the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Complainant and of any representative authorised to act for the Complainant in the arbitration proceeding;
3. specify a preferred method for communications to be directed to the Complainant during the course of the arbitration proceeding (including the person to be contacted, method of communication, and address information) for each of (A) electronic-only material and (B) other material including hard copy;
4. indicate whether the Complainant elects to have the dispute decided by a single-member or a three-member Arbitration Panel and, in the event the Complainant elects a three-member Arbitration Panel, provide the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the Complaint is submitted);
5. provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and facsimile numbers) known to the Complainant regarding how to contact the Respondent or any representative of the Respondent, including contact information based on any pre-Complaint dealings, in sufficient detail to allow the Provider to send the Complaint to the Respondent or it's representative as described in Paragraph 2(a) above;
6. specify the Registered Domain Name(s) that is/are the subject of the complaint;
7. describe, in accordance with the HKDNR IDRP, the grounds on which the Complaint is made including, in particular,



1. the manner in which the domain name in question does not satisfy the Registration Requirements; and
2. the manner in which the domain name in question is identical or confusingly similar to a trademark or service mark in which the Complainant has rights; and
3. why the Respondent should be considered as having no rights or legitimate interests in respect of the domain name that is the subject of the Complaint; and
4. why the domain name in question should be considered as having been registered and being used in bad faith.
   
   (The description should, for elements (2) and (3), discuss any aspects of Paragraphs 4(b) and 4(c) of the HKDNR IDRP that are applicable. The description shall comply with any word or page limit set forth in the Provider's Supplemental Rules.);


8. Specify, in accordance with the HKDNR IDRP, the remedies sought;


9. If relevant identify any other legal proceedings that have been commenced or terminated in connection with or relating to the domain name that is the subject of the Complaint;


10. Conclude with the following statement followed by the signature of the Complainant or its authorised representative:
    
    "The Complainant, by submitting the Complaint agrees to the settlement of the dispute, regarding the domain name which is the object of the Complaint by final and binding arbitration in Hong Kong in accordance with the HKDNR Domain Name Dispute Resolution Policy-Individual Domain Name, Rules for HKDNR Domain Name Dispute Resolution Policy-Individual Domain Name and the [Name of the Provider] Supplemental Rules."
    
    "Complainant agrees that its claims and remedies concerning the registration of the domain name, the dispute, or the dispute's resolution shall be solely against the domain-name holder and waives all such claims and remedies against (a) the [name of the dispute resolution provider] as well as their directors, officers, employees, and agents and the arbitration Panelist(s) who will hear the dispute, except in the case of fraud or dishonesty or deliberate wrongdoing, (b) the HKDNR, as well as their directors, officers, employees, and agents."
    
    "The Complainant by submitting this Complaint agrees that the decision of the Arbitration Panel to be appointed in this matter may be made public and may be published on the website including without limitation other forms of publication of the HKDNR and or the [name of the dispute resolution provider] who shall appoint the Arbitration Panel in question."
    
    "Complainant certifies that the information contained in this Complaint is to the best of Complainant's knowledge complete and accurate, that this Complaint is not being presented for any improper purpose, such as to harass; and that the assertions in this Complaint are warranted under the Rules of Procedure and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and



11. Annex any documentary or other evidence, including a copy of the Policy applicable to the domain name in dispute and any evidence of the Complainant's eligibility to register the domain name under the Registration Requirements, upon which the Complaint relies, together with a schedule indexing such evidence.
    
    
3. The Complaint may only relate to one domain name.

4. Notification of Complaint

1. The Provider selected by the Complaint shall review the Complaint for administrative compliance with the HKDNR IDRP and the Rules of Procedure and the Provider's Supplemental Rules and, if in compliance, shall forward the Complaint (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) to the Respondent, in the manner prescribed by Paragraph 2(a), within three (3) calendar days following receipt of the fees to be paid by the Complainant in accordance with Paragraph 18.
   
   
2. If the Provider finds the Complaint to be administratively deficient, it shall promptly within three (3) calendar days notify the Complainant of the nature of the deficiencies identified. The Complainant shall have five (5) calendar days within which to correct any such deficiencies, failing which the arbitration proceeding will be deemed withdrawn without prejudice to submission of another Complaint by the Complainant in respect of the same domain name. The Provider shall forward the Complaint to the Respondent (together with the explanatory cover sheet prescribed by the Provider's Supplemental Rules) within three (3) calendar days of the receipt by the Provider of the Complainant's corrections of the deficiencies in its Complaint.
   
   
3. The date of commencement of the arbitration proceeding shall be the date on which the Provider completes its responsibilities under Paragraph 2(a) or 2(b) as the case may be in connection with the forwarding of the Complaint to the Respondent.
   
   
4. The Provider shall immediately notify the Complainant, the Respondent, the HKDNR of the date of commencement of the arbitration proceeding.

5. The Response

1. Within twenty (20) calendar days of the date of commencement of the arbitration proceeding the Respondent shall submit a Response to the Provider.



2. The Response shall be submitted in hard copy and (except to the extent not available for annexes) in electronic form and shall:



1. respond specifically to the statements and allegations contained in the Complaint and include any and all grounds for the Respondent to retain registration and use of the disputed domain name. This portion of the Response shall comply with any word or page limit set forth in the Provider's Supplemental Rules;
2. provide the name, postal and e-mail addresses, and the telephone and facsimile numbers of the Respondent and of any representative authorised to act for the Respondent in the arbitration proceeding;
3. specify a preferred method for communications to be directed to the Respondent during the course of the arbitration proceeding (including the person to be contacted, method of communication, and address information) for each of (A) electronic-only material and (B) other material including hard copy;
4. if the Complainant has elected a single-member panel in the Complaint (see Paragraph 3(b)(iv)), state whether Respondent elects instead to have the dispute decided by a three-member panel;
5. if either the Complainant or Respondent elects a three-member Panel provide the names of three (3) candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the Complaint is submitted);
6. if relevant identify any other legal proceedings that have been commenced or terminated in connection with or relating to any of the domain name(s) that are the subject of the Complaint;
7. state that a copy of the Response has been sent or transmitted to the Complainant, in accordance with Paragraph 2(b); and
8. conclude with the following statement followed by the signature of the Respondent or its authorised representative:
   
   "Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, and that this Response is not being presented for any improper purpose, such as to harass, and that the assertions in this Response are warranted under the HKDNR IDRP, the Rules of Procedure, [name of the Provider] Supplemental Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
   
   
9. annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.


3. If the Complainant has elected to have the dispute decided by a single-member Arbitration Panel and the Respondent elects a three-member Arbitration Panel, the Respondent shall be required to pay one-half of the applicable fee for a three-member Arbitration Panel as set forth in the Provider's Supplemental Rules. This payment shall be made together with the submission of the Response to the Provider. In the event that the required payment is not made in such manner, the dispute shall be decided by a single-member Arbitration Panel.



4. At the request of the Respondent, the Provider may in its sole discretion, in exceptional cases, extend the period of time for the filing of the Response. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Provider.



5. If a Respondent does not submit a timely Response, in the absence of exceptional circumstances as determined by the Provider at its sole discretion, the Arbitration Panel shall decide the dispute based upon the Complaint and evidence submitted therewith.

6. Appointment of the Panel and Timing of Decision

1. Each Provider shall maintain and publish a publicly available list of Panelists and their qualifications.



2. If neither the Complainant nor the Respondent has elected a three-member Arbitration Panel (Paragraphs 3(b)(iv) and 5(b)(iv)), the Provider shall appoint, within five (5) calendar days following receipt of the Response by the Provider, or the lapse of the time period for the submission thereof, a single Arbitrator from the Providers list of Panelists to constitute the Arbitration Panel. The fees for a single-member Arbitration Panel shall be paid entirely by the Complainant.



3. If either the Complainant or the Respondent elects to have the dispute decided by a three-member Arbitration Panel, the Provider shall appoint three Panelists in accordance with the procedures identified in Paragraph 6(e). The fees for a three-member Arbitration Panel shall be paid in their entirety by the Complainant, except where the election for a three-member Arbitration Panel was made by the Respondent, in which case the applicable fees shall be shared equally between the Parties.



4. Unless it has already elected a three-member Arbitration Panel, the Complainant shall submit to the Provider, within five (5) calendar days of communication of a response in which the Respondent has elected for a three-member Arbitration Panel, the names and contact details of three candidates to serve as one of the Panelists (these candidates must be drawn from the list of Panelists maintained by the Provider to which the complaint is submitted);



5. In the event that either the Complainant or the Respondent elects a three-member Arbitration Panel, the Provider shall endeavour to appoint one Panelist from the list of candidates provided by each of the Complainant and the Respondent. In the event the Provider is unable within five (5) calendar days to secure the appointment of a Panelist on its customary terms from either Party's list of candidates, the Provider shall make the appointment from others on the Providers list. The third Panelist shall be appointed by the Provider from a list of five candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner and to the extent possible, that reasonably balances the preferences of both Parties, as such may be expressed to the Provider in writing (including email) within five (5) calendar days of the Provider's submission of the five-candidate list to the Parties.



6. Once the entire Arbitration Panel is appointed, the Provider shall notify the Parties of the Panelists appointed and the date by which, absent exceptional circumstances, the Arbitration Panel shall forward its decision on the Complaint to the Provider.

7. Impartiality and Independence

A Panelist shall be impartial and independent and shall have, before accepting appointment, disclosed to the Provider any circumstances, which could give rise to justifiable doubt as to the Panelist's impartiality or independence. If, at any stage during the arbitration proceeding, new circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of a Panelist, that Panelist shall promptly disclose such circumstances to the Provider. In such event, the Provider shall have the discretion to appoint a substitute Panelist from the Provider's list of Panelists.

8. Communication Between Parties and the Arbitration Panel

No Party or anyone acting on its behalf may have any unilateral communication with an Arbitration Panel. All communications between a Party and the Arbitration Panel, or between a Party and the Provider shall be made in the manner prescribed in the Provider's Supplemental Rules.

9. Transmission of the File to the Arbitration Panel

The Provider shall forward the file to the Arbitration Panel as soon as the Panelist is appointed in the case of a Arbitration Panel consisting of a single member, or as soon as the last Panelist is appointed in the case of a three-member Arbitration Panel.

10. General Powers of the Arbitration Panel

1. An Arbitration Panel shall conduct the arbitration proceeding in such manner as it considers appropriate in accordance with the HKDNR IDRP, the Rules of Procedure and the Provider's Supplemental Rules.
   
   
2. In all cases, an Arbitration Panel shall ensure that the Parties are treated with equality and that each Party is given a fair opportunity to present its case.
   
   
3. Every Arbitration Panel shall ensure that the arbitration proceedings takes place with due expedition. It may, at the request of a Party or on its own motion, extend, in exceptional cases, a period of time fixed by these Rules of Procedure, the Provider's Supplemental Rules or by the Arbitration Panel.
   
   
4. The Arbitration Panel shall determine the admissibility, relevance, materiality and weight of the evidence presented to it.

11. Language of the Arbitration Proceedings

1. 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.



2. 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.

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

1. 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.



2. 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.

15. Arbitration Panel Decisions

1. An Arbitration Panel shall decide a Complaint on the basis of the statements and documents submitted to it and in accordance with the HKDNR IDRP, the Rules of Procedure, the Provider's Supplementary Rules and the law which the Arbitration Panel deems applicable.
   
   
2. 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.
   
   
3. In the case of a three-member Arbitration Panel, such Arbitration Panel's decision shall be made by a majority.
   
   
4. 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).
   
   
5. 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 HKDNR IDRP, 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.
   

16. Communication of Decision to Parties

1. 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 the HKDNR. The HKDNR shall immediately communicate to each Party, and the Provider, the date for the implementation of the decision in accordance with the HKDNR IDRP.
   
   
2. Except if the Arbitration Panel determines otherwise (see Paragraph 4(j) of the HKDNR IDRP), 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.
   

17. Settlement or Other Grounds for Termination

1. 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.
   
   
2. 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.
   

18. Fees

1. (a) 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.
   
   
2. 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).
   
   
3. 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.
   
   
4. 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.

19. Exclusion of Liability

Except in the case of deliberate wrongdoing, neither the Provider nor a Panelist shall be liable to a Party for any act or omission in connection with any arbitration proceeding under these Rules of Procedure.

20. Miscellaneous

1. Words importing the singular number only shall include the plural and the converse shall also apply.
   
   
2. Words importing the masculine gender shall include the feminine gender and the converse shall also apply.

21. Amendments

The version of these Rules of Procedure in effect at the time of the submission of a Complaint to the Provider shall apply to the arbitration proceeding commenced in accordance with such Rules of Procedure.

These Rules of Procedure may be amended from time to time by the HKDNR.