自2005年11月8日，亚洲域名争议解决中心获ICANN 授权为，成为ICANN 转移注册商争议解决机构。转移注册商争议的解决程序根据《ICANN 转移注册商争议解决政策》 和 《ADNDRC关于ICANN 转移注册商争议解决政策补充规则》进行。行政程序已文件的形式进行，在极少数情况下才会进行亲自的聆讯。
目前，转移注册商争议由ADNDRC 北京秘书处和香港秘书处受理，并以电邮、传真或邮寄的形式处理争议。
亚洲域名争议解决中心设有三个秘书处 — 其北京秘书处，由中国国际经济贸易仲裁委员会管理和运行；香港秘书处则由香港国际仲裁中心管理和运行及首尔秘书处由韩国互联网地址争议解决委员会管理和运行。三个秘书处均为当事人提供ICANN统一域名争议解决服务。投诉人在投诉时可自行选择，将其争议提交中心之北京秘书处或香港秘书处进行审理。
Registrar Transfer Dispute Resolution Policy
12 July 2004
In any dispute relating to Inter-Registrar domain name transfers, Registrars are encouraged to first of all attempt to resolve the problem among the Registrars involved in the dispute. In cases where this is unsuccessful and where a registrar elects to file a dispute, the following procedures apply. It is very important for Registrars to familiarize themselves with the Transfer Dispute Resolution Policy (TDRP) as described in this document before filing a dispute. Transfer dispute resolution fees can be substantial. It is critical that Registrars fully understand the fees that must be paid, which party is responsible for paying those fees and when and how those fees must be paid.
The TDRP and corresponding procedures will apply to all domain names for which transfer requests are submitted on or after the effective date of this policy.
1. Definitions
1.1 Dispute Resolution Panel
The Dispute Resolution Panel shall mean an administrative panel appointed by a Dispute Resolution Provider ("Provider") to decide a Request for Enforcement concerning a dispute under this Dispute Resolution Policy.
1.2 Dispute Resolution Provider
1.3 The Dispute Resolution Provider must be an independent and neutral third party that is neither associated nor affiliated with either Registrar involved in the dispute or the Registry Operator under which the disputed domain name is registered. ICANN shall have the authority to accredit one or more independent and neutral Dispute Resolution Providers according to criteria developed in accordance with this Dispute Resolution Policy.
1.4 FOA
Form of Authorization - The standardized form of consent that the Gaining Registrar and Registrar of Record are required to use to obtain authorization from the Registrant or Administrative Contact in order to properly process the transfer of domain name sponsorship from one Registrar to another.
1.5 Gaining Registrar
The Registrar that submitted to the Registry the request for the transfer of a domain sponsorship from the Registrar of Record.
1.6 Registrar of Record
The Registrar of Record for a domain name for which the Registry received a transfer of sponsorship request.
1.7 Registrant
The Registrant is the individual or organization that registers a specific domain name. This individual or organization holds the right to use that specific domain name for a specified period of time, provided certain conditions are met and the registration fees are paid. This person or organization is the "legal entity" bound by the terms of the relevant service agreement with the Registry operator for the TLD in question.
1.8 Registry (Registry Operator)
The organization authorized by ICANN to provide registration services for a given TLD to ICANN-accredited Registrars.
1.9 Supplemental Rules
The Supplemental Rules shall mean those rules adopted by the Registry Operator, in the case of First Level disputes (as set forth below), or the Provider administering a proceeding (in the case of all other disputes) to supplement this Policy. Supplemental Rules shall be consistent with this Dispute Resolution Policy and shall cover topics such as fees, word and page limits and guidelines, the means for communicating with the Provider, and the form of cover sheets.
1.10 Transfer Policy
The Policy on Transfer of Sponsorship of Registrations between Registrars which is in force as part of the Registry-Registrar Agreement executed between a Registrar and the Registry, as well as the Registrar Accreditation Agreement which is executed between ICANN and all ICANN- accredited registrars.
2. Dispute Resolution Process
There are two possible steps to the Registrar Transfer Dispute Resolution Process. A Registrar may elect one or both of the steps pursuant to the rules below. In the event a Registrar either files a Request for Enforcement (as described below) with a Second-Level Dispute Provider, or files an Appeal (as described below) with a Dispute Provider, it may not revert to the First-Level Registry option later for the same filing or matter presented for resolution.
2.1 First Level - Registry Operator
A Registrar may choose to file a dispute directly with the relevant Registry Operator. Any decisions made by the Registry Operator may be appealed to a Dispute Resolution Provider. A Registrar may file a dispute directly to a Dispute Resolution Provider; however, in that case the filing Registrar would forfeit any right to appeal the decision of the Dispute Resolution Provider.
2.2 Second-Level - Dispute Resolution Panel
The primary intent of this step is to provide a means for registrars to appeal decisions made by the Registry at the first level of the dispute resolution process, but it may also be used as the first step if a registrar so elects. The decision of the Dispute Resolution Panel is final, except as it may be appealed to a court of competent jurisdiction.
2.3 Statute of Limitations
A dispute must be filed no later than six (6) months after the alleged violation of the Transfer Policy. In the case where a Registrar of Record alleges that a transfer was in violation of this Policy, the date the transfer was completed shall be deemed the date in which the "alleged violation" took place. In the case where a Gaining Registrar alleges that a transfer should have taken place, the date in which the NACK (as defined below) was received by the Registry, shall be deemed the date in which the "alleged violation" took place.
3. Dispute Procedures at the First Level (Registry)
3.1 Registrar files a Request for Enforcement with the applicable Registry Operator
3.1.1 Either the Gaining or Registrar of Record ("Filing Registrar") may submit a Request for Enforcement. This must be done in accordance with the Supplemental Rules adopted by the applicable Registry Operator.
3.1.2 The Request for Enforcement shall be submitted to the Registry and to the Respondent (the Non-filing Registrar) in electronic form and shall:
(i) Request that the Request for Enforcement be submitted for decision in accordance with the Registrar Transfer and Dispute Resolution Policy and the applicable Supplemental Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Filing Registrar and those representatives authorized by the Filing Registrar to act on behalf of the Filing Registrar in the administrative proceeding;
(iii) Provide the name of the Respondent and all information (including any postal and e-mail addresses and telephone and fax numbers) known to Filing Registrar regarding how to contact Respondent or any representative of Respondent, including contact information based on pre-complaint dealings;
(iv) Specify the domain name(s) that is/are the subject of the Request for Enforcement;
(v) Specify the incident(s) that gave rise to the dispute;
(vi) Describe, in accordance with the Policy, the grounds on which the Request for Enforcement is based;
(vii) State the specific remedy being sought (either approval or denial of the transfer);
(viii) 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;
(ix) Certify that a copy of the Request for Enforcement, together with the cover sheet as prescribed by the Provider's Supplemental Rules, has been sent or transmitted to the Respondent; and
(x) Conclude with the following statement followed by the signature of the Complainant or its authorized representative:
"
"
3.1.3 The Request for Enforcement may relate to more than one domain name, provided that the domain names involve the same Filing Registrar and Respondent and that the claims arise out of the same or similar factual circumstances.
3.1.4 The Request for Enforcement shall annex the following documentary evidence (as applicable and available) in electronic form if possible, together with a schedule indexing such evidence:
(i) For the Gaining Registrar:
a. Completed Form of Authorization ("FOA")
b. Copy of the Whois output for the date transfer was initiated, which was used to identify the authorized Transfer Contacts
c. Copy of evidence of identity used
d. Copy of a bilateral agreement, final determination of a dispute resolution body or court order in cases when the Registrant of Record is being changed simultaneously with a Registrar Transfer
e. Copies of all communications made to the Registrar of Record with regard to the applicable transfer request along with any responses from the Registrar of Record
(ii) For the Registrar of Record:
a. Completed FOA from Registrar of Record if applicable
b. Copy of the Whois output for the date the transfer was initiated
c. Relevant history of Whois modifications made to the applicable registration
d. Evidence of one of the following if a transfer was denied:
• fraud;
• UDRP action;
• court order;
• Registrant or administrative contact identity dispute in accordance with Section 4 [Registrar of Record Requirements]
• applicable payment dispute along with evidence that the registration was put on HOLD status;
• express written objection from the Registered Name Holder or Administrative Contact;
• LOCK status along with proof of a reasonable means for the registrant to remove LOCK status as per Section __of Exhibit __ to this Agreement;
• domain name within 60 days of initial registration; or
• • domain name within 60 days of a prior transfer.
e. Copies of all communications made to the Gaining Registrar with regard to the applicable transfer request along with any responses from the Gaining Registrar.
3.2 The Non-Filing Registrar ("Respondent") shall have seven (7) calendar days from receipt of the Request for Enforcement to prepare a Response to the Request for Enforcement ("Response").
3.2.1 The Response shall be submitted in electronic form to both the Registry and Filing Registrar and shall:
(i) Respond specifically to the statements and allegations contained in the Request for Enforcement (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules.);
(ii) Provide the name, postal and e-mail addresses, and the telephone and fax numbers of the Respondent (non-filing Registrar);
(iii) 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 Request for Enforcement;
(iv) State that a copy of the Response has been sent or transmitted to the Filing Registrar;
(v) Conclude with the following statement followed by the signature of the Respondent or its authorized representative:
"Respondent certifies that the information contained in this Response is to the best of Respondent's knowledge complete and accurate, 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 these Rules and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."; and
(vi) Annex any documentary or other evidence upon which the Respondent relies, together with a schedule indexing such documents.
3.2.2 At the request of the Respondent, the Registry Operator may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Registry Operator.
3.2.3 If a Respondent does not submit a response, in the absence of exceptional circumstances, the Registry Operator shall decide the dispute based upon the Request for Enforcement.
3.3 Registry Operator must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than 14 days after receipt of the Response.
3.3.1 If the data included in the Request for Enforcement does not match the data listed in the authoritative Whois, the Registry Operator must contact each Registrar and require additional documentation.
3.3.2 If the Gaining Registrar cannot provide a complete FOA with data matching that contained within the authoritative Whois database, then the Registry Operator shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Registry Operator must notify ICANN and place the dispute on hold until such time as the specific problem is resolved by ICANN.
3.3.3 In the case where a Registrar of Record denies a request for a domain name transfer ("NACKs"), the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Registry a complete FOA with data matching that contained within the authoritative Whois database, then the transfer must be approved to be processed.
3.3.4 If the data provided by neither Registrar appears to be conclusive, then the Registry shall issue a finding of "no decision." If the data provided to the Registry is complete and provides sufficient basis for a determination based on the Policy, the Registry may not issue a finding of "no decision." Either Registrar shall be able to appeal such issue to a Second-Level Dispute Resolution Provider in accordance with the provisions set forth below.
3.4 Fees for First-Level Dispute Resolution Service
3.4.1 There is no filing fee assessed to the Filing Registrar at the time the Request for Enforcement is submitted to the Registry Operator.
3.4.2 The Registrar that does not prevail in the dispute will be assessed a fee to be set by the Registry Operator. Such fee shall be set forth in the Registry's Supplemental Rules that are in effect at the time that the Request for Enforcement was filed.
3.4.3 This fee shall not be passed on to the Registrant.
3.4.4 This fee will be charged after a final decision is rendered by the Registry. In the case that the Registry issues a finding of "no decision," the Registry Operator shall collect the applicable fees from the Filing Registrar.
3.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such an administrative proceeding is commenced or after such proceeding is concluded. If a Registry Operator decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), the Registry will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry Operator within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented to the Registry Operator that the parties have resolved such dispute; (ii) evidence is presented to the Registry Operator that the lawsuit has been dismissed or withdrawn; or (iii) the Registry Operator receives a copy of an order from such court.
4. Dispute Procedures at the Second Level with a Dispute Resolution Provider
4.1 The services of the Dispute Resolution Panel may be invoked in any of the following two situations:
(i) A Filing Registrar may elect to skip the First-Level dispute process at Registry level and submit a Request for Enforcement directly with a Dispute Resolution Provider;
(ii) The non-prevailing Registrar in a First-Level dispute proceeding may submit an appeal of the applicable Registry Operator's decision to the Dispute Resolution Provider. Additionally, in the case where the result in the First-Level dispute process is a "no-decision," either Registrar may file an Appeal of such decision to a Dispute Resolution Provider.
4.2 Initial Request for Enforcement
4.2.1 In the event that the Filing Registrar elects to submit a Request for Enforcement to the Dispute Resolution Provider in lieu of submitting a Request for Enforcement to the applicable Registry Operator, the obligations and responsibilities set forth in Sections 3.1 through 3.2 above shall apply.
4.2.2 The Dispute Resolution Panel appointed by the Dispute Resolution Provider must review all applicable documentation and compare registrant/contact data with that contained within the authoritative Whois database and reach a conclusion not later than thirty (30) days after receipt of Response from the Respondent.
(i) If the data does not match the data listed in authoritative Whois, the Dispute Resolution Panel should contact each Registrar and require additional documentation.
(ii) If the Gaining Registrar is unable to provide a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the Dispute Resolution Panel shall find that the transfer should be reversed. In the case of a thick Registry, if the Registrar of Record's Whois is not accessible or invalid, the applicable Registry Operator's Whois should be used. In the case of a thin Registry, if the Registrar of Record's Whois is not accessible or is invalid, the Dispute Resolution Provider may place the dispute on hold until such time as the problem is resolved.
(iii) In the case where a Registrar of Record NACKs a transfer, the Registrar of Record must provide evidence of one of the factors for which it is allowed to NACK as set forth in Section 3.1.4 (ii) of this Dispute Resolution Policy. If the Registrar of Record cannot provide evidence that demonstrates any of the factors, and the Gaining Registrar provides to the Dispute Resolution Provider a complete FOA with data matching that contained within the authoritative Whois database at the time of the transfer request, then the transfer should be approved.
(iv) Unlike under the First-Level dispute process, the Dispute Resolution Panel may not issue a finding of "no decision." It must weigh the applicable evidence in light of the Transfer policies and determine, based on a preponderance of the evidence, which Registrar should prevail in the dispute and what resolution to the Request for Enforcement will appropriately redress the issues set forth in the Request for Enforcement.
(v) Resolution options for the Dispute Resolution Panel are limited to the following:
a. Approve Transfer
b. Deny the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.3 Appeal of First Level Dispute Decision or Registry Operator Finding of "No-Decision."
4.3.1 In the event that the Registrar which does not prevail in the First-Level dispute is dissatisfied by the Registry-Operator's decision, such Registrar may file an appeal with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.2 In the event that the Registry Operator issues a finding of "no-decision" in accordance with Section 3.3.4 above, either Registrar may file an appeal of such decision with a Dispute Resolution Provider, provided that such appeal is filed no later than fourteen (14) calendar days after the date on which the First-Level decision was issued.
4.3.3 In either case, the document submitted by the Registrar to the Dispute Resolution Provider shall be referred to as an "Appeal."
4.3.4 The Appellant shall submit the Appeal in electronic form and shall:
(i) Request that the Appeal be submitted for decision in accordance with the Policy and these Rules;
(ii) Provide the name, postal and e-mail addresses, and the telephone and telefax numbers of the Appellant and of any representative authorized by the Appellant to act on behalf of the Appellant in the administrative proceeding;
(iii) Provide the name of the Appellee and all information (including any postal and e-mail addresses and telephone and telefax numbers) known to Appellee regarding how to contact Appellee or any representative of Appellee, including contact information based on pre-Request for Enforcement and pre-Appeal dealings;
(iv) Specify the domain name(s) that is/are the subject of the Appeal;
(v) Specify the incident(s) which gave rise to the dispute;
(vi) State the basis for such appeal, including specific responses to the findings of the Registry Operator in the First-Level Dispute process. (This portion of the response shall comply with any word or page limit set forth in the Dispute Resolution Provider's Supplemental Rules);
(vii) Specify, in accordance with the Policy, the remedies sought;
(viii) Identify any other related legal proceedings known to the Appellant 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;
(ix) State that a copy of the Appeal, together with the cover sheet as prescribed by the Dispute Resolution Provider's Supplemental Rules, has been sent or transmitted to the Appellee; and
(x) Conclude with the following statement followed by the signature of the Appellant or its authorized representative:
"Appellant 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 Appellee and waives all such claims and remedies against the Dispute Resolution Provider and the Registry Operator as well as their directors, officers, employees, and agents, except in the case of deliberate wrongdoing or gross negligence."
"Appellant certifies that the information contained in this Appeal is to the best of Appellant's knowledge complete and accurate, that this Appeal is not being presented for any improper purpose, such as to harass, and that the assertions in this Appeal are warranted under this Policy and under applicable law, as it now exists or as it may be extended by a good-faith and reasonable argument."
4.3.5 The Appeal may relate to more than one domain name, provided that the domain names involve the same decision issued by the Registry Operator for the First-Level Dispute.
4.3.6 The Appeal shall annex any documentary evidence that was not already submitted to the Registry Operator during the First-Level Dispute.
4.3.7 A Dispute Resolution Provider must request all documentation relating to the First-Level Dispute from the applicable Registry Operator no later than seven (7) calendar days of receipt of the appeal. The Registry Operator shall submit such documentation to the Dispute Resolution Provider within seven (7) days of such request.
4.3.8 The Dispute Resolution Panel must review all applicable documentation and reach a conclusion not later than 30 calendar days after receipt of the Appeal.
(i) The Dispute Resolution Panel may submit questions to the Registry, the Appellant or Appellee.
(ii) Responses to all such questions must be received by the Dispute Resolution Panel within 7 days.
(iii) The Dispute Resolution Panel shall review each Appeal on a De Novo basis. Although the Dispute Resolution Panel is not bound by the findings of the Registry Operator in an Appeal, it shall have the discretion to consider such findings in reaching its own conclusions. The purpose of the Dispute Resolution Panel should be to make a determination as to whether the Appeal has merit based solely on the requirements of the current Transfer policy and determine the appropriate resolution to the issues presented.
(iv) The Remedies ordered by the Dispute Resolution Panel shall be limited to:
• Approval of a Transfer
• Denial of the Transfer (or ordering the domain name be returned to the Registrar of Record in cases where a Transfer has already occurred)
4.4 Fees for Second-Level Dispute Resolution Service
4.4.1 In the case of either a Request for Enforcement or an Appeal filed at the Second Level, the applicable Dispute Resolution Provider shall determine the applicable filing fee ("Filing Fee"). The specific fees along with the terms and conditions governing the actual payment of such fees shall be included in the Dispute Resolution Provider’s Supplemental Rules.
4.4.2 In the event that the Filing Registrar or Appellant, whichever applicable, does not prevail in a Second-Level dispute, the Filing Fees shall be retained by the Dispute Resolution Provider.
4.4.3 In the event that the Filing Registrar or Appellant, whichever applicable, prevails in a Second-Level dispute, the Respondent or Appellee, whichever applicable, must submit to the Dispute Resolution Provider, the Filing Fees within fourteen (14) calendar days after such decision. In such an event, the Dispute Resolution Provider shall refund to the Filing Registrar or Appellant, whichever applicable, the Filing Fees, no later than fourteen (14) calendar days after it receives the Filing Fees from the Respondent or Appellee. Such fees must be paid regardless of whether a Court Proceeding is commenced in accordance with Section 4.5 below. Failure to pay Filing Fees to the Dispute Resolution Provider may result in the loss of accreditation by ICANN.
4.5 Availability of Court Proceedings
The procedures set forth above shall not prevent a Registrar from submitting a dispute to a court of competent jurisdiction for independent resolution before such administrative proceeding is commenced or after such proceeding is concluded. If a Dispute Resolution Panel decides a domain name registration should be transferred (either to the Gaining Registrar, or alternatively, back from the Gaining Registrar to the Registrar of Record), such Registrar will wait fourteen (14) calendar days after it is informed of the decision before implementing that decision. The Registry will then implement the decision unless it has received from either of the parties to the dispute during that fourteen (14) calendar day period official documentation (such as a copy of a complaint, file-stamped by the clerk of the court) that a lawsuit has commenced with respect to the impacted domain name(s). If such documentation is received by the Registry, as applicable, within the fourteen (14) calendar day period, the decision will not be implemented until (i) evidence is presented that the parties have resolved such dispute; (ii) evidence is presented that the lawsuit has been dismissed or withdrawn; or (iii) a copy of an order from such court dismissing the lawsuit or ordering certain actions with respect to the domain name.
THE ASIAN DOMAIN NAME DISPUTE RESOLUTION CENTRE
SUPPLEMENTAL RULES TO THE INTERNET CORPORATION FOR ASSIGNED NAMES AND NUMBERS (ICANN) REGISTRAR TRANSFER DISPUTE RESOLUTION POLICY
THE SUPPLEMENTAL RULES
(IN EFFECT AS OF 12 November 2004)
Article 1. Definitions
1. "The Policy" means the Registrar Transfer Dispute Resolution Policy as approved by ICANN on 12 July 2004.
2. "The Supplemental Rules" mean these Rules which are Supplemental to the Policy and are adopted by the Asian Domain Name Dispute Resolution Centre (ADNDRC) to assess Request of Enforcement or Appeal regarding Registrar Transfer Dispute and administer proceedings in conformity with "the Policy" and where required supplement them.
3. "The Centre" means the Asian Domain Name Dispute Resolution Centre (ADNDRC) jointly established by the China International Economic and Trade Arbitration Commission (CIETAC) and the Hong Kong International Arbitration Centre (HKIAC) on 28 February 2002 with its Beijing Office managed and operated by CIETAC and its Hong Kong Office managed and operated by HKIAC.
4. "Relevant Office of the Centre" shall mean either the Beijing Office of the Centre or the Hong Kong Office of the Centre, as the case may be, or as the context may require.
5. Any terms defined in the Policy shall have the same meaning in the Supplemental Rules.
Article 2. Scope
1. The Supplemental Rules are to be read and used in connection with the Policy.
2. The Centre shall use the Policy and the Supplemental Rules in connection with any Request for Enforcement or Appeal submitted to it.
Article 3. Communications between Parties and the Centre
1. Unless otherwise agreed in writing beforehand with the Centre, any submission that may or is required to be made to the Centre pursuant to the Policy and the Supplemental Rules may be made:-
a. by telecopy or facsimile, with a confirmation of transmission; or
b. by postal or courier service, with postage pre-paid and documentary verification of service and, for the purposes of this sub-rule, double registered post shall constitute good service; or
c. electronically via the Internet, provided that a record of its transmission is available. For any electronic communications to an office of the Centre, the following address shall be used:-
if to the Beijing Office: cietac@adndrc.org
if to the Hong Kong Office: hkiac@adndrc.org
d. All documentation submitted in paper form to the relevant Office of the Centre by the Parties shall be submitted in four (4) sets together with the original copy marked "Original".
2. The relevant Office of the Centre shall maintain an archive of all communications received or required to be made under the Supplemental Rules for a period of one year from the date of filing the initial Request for Enforcement or Appeal from the Filing Registrar or the Appellant. Subsequently, all communications and documentation received shall be destroyed.
Article 4. Communications between Parties and the Panel
1. Where a Party intends to send any communications to the Panelist(s), it shall be addressed through the Office of the Centre which the Request for Enforcement or the Appeal has selected to administer the proceedings.
2. Where a Party sends any communications to the relevant Office of the Centre, it shall at the same time send a copy to the other Party with verification of service lodged with the relevant Office of the Centre.
3. The Parties may communicate with the relevant Office of the Centre by phone, fax, email, or in the ordinary course of mail. Any communication by post shall be deemed to be received in four (4) days after posting in the case of local mail or in seven (7) days in respect of overseas mail. While any instantaneous means of communications shall be deemed to be received on the same day as transmitted.
Article 5. The Request for Enforcement and the Appeal
1. The Filing Registrar or the Appellant shall have the right to select either the Beijing Office of the Centre or the Hong Kong Office of the Centre to administer the Registrar Transfer Dispute administrative proceeding initiated by a Request for Enforcement filed by the Filing Registrar, or an Appeal filed by the Appellant. Such choice shall be made by the Filing Registrar at the time the Filing Registrar submit a Request of Enforcement, or by the Appellant at the time the Appellant submit an Appeal; and such choice shall be final and binding on the Filing Registrar or the Appellant and the Respondent or the Appellee.
2. In the event stated in the Paragraph 4.2.1 of the Policy, the Filing Registrar shall be required to send its Request for Enforcement in electronic form to the Office of the Centre which the Filing Registrar has selected to administer the proceedings, using Form Fil under the cover of the Transmittal Coversheet of the "Request for Enforcement".
3. In the event stated in the Paragraph 4.3.1 and Paragraph 4.3.2 of the Policy, the Appellant shall be required to send its Appeal in electronic form to the Office of the Centre which the Appellant has selected to administer the proceedings, using Form App under the cover of the Transmittal Coversheet of the "Appeal".
4. The Filing Registrar or the Appellant shall provide a copy of the Request for Enforcement or the Appeal to the Respondent or the Appellee at the same time as it submits it to the relevant Office of the Centre.
5. The relevant Office of the Centre shall forward the Request for Enforcement or the Appeal to the Respondent(s) or the Appellee within three (3) calendar days following receipt of the initial fee from the Filing Registrar or the Appellant.
6. The administrative proceedings will be deemed to have commenced on the date that the relevant Office of the Centre forwards the Request for Enforcement or the Appeal to the Respondent(s) or Appellee.
Article 6. The Response
1. In accordance with the Paragraph 4.2.1 and Paragraph 3.2 of the Policy, within seven (7) days of the date of commencement of the administrative proceedings, the Respondent shall submit a Response using Form R-Fil to the relevant Office of the Centre.
2. In accordance with Paragraph 3.2.2 of the Policy, at the request of the Respondent, the Centre may, in exceptional cases, extend the period of time for the filing of the response, but in no case may the extension be more than an additional five (5) calendar days. The period may also be extended by written stipulation between the Parties, provided the stipulation is approved by the Centre.
3. In accordance with Paragraph 3.2.3 of the Policy, if a Respondent does not submit a response, in the absence of exceptional circumstances, the appointed Panel of the relevant Office of the Centre shall decide the dispute based upon the Request for Enforcement.
4. The Respondent shall provide a copy of the Response in electronic form to the Filing Registrar.
Article 7. Panelist(s) Appointment Procedures
1. The Centre shall maintain and publish a list of Panelist(s) and their qualifications. Any Party may refer to the Centre's Web site at http://www.adndrc.org for details. For administrative proceedings, the relevant Office of the Centre shall appoint suitable person(s) from the list, having regard to:
a. the nature of the dispute;
b. the availability of the Panelist(s);
c. the identity of the Parties;
d. the independence and impartiality of the Panelist(s);
e. any stipulation in the relevant Registration Agreement; and
f. any suggestion made by the Parties themselves in accordance with Paragraph 7 of the Supplemental Rules.
2. Where the Filing Registrar or the Appellant has initially requested a three-member Panel and no Response was submitted by the Respondent in accordance with Paragraph 7(2) of the Supplemental Rules, the Filing Registrar or the Appellant shall be given the option of converting the three-member Panel to a single Panelist, within seven (3) calendar days after being notified by the relevant Office of the Centre. Failing this, a three-member Panel shall be constituted.
3. If a single Panelist is appointed, the relevant Office of the Centre shall reimburse the Filing Registrar or the Appellant the relevant amount paid by the Filing Registrar or the Appellant less the relevant Office's administrative fee in accordance with Article 14 of the Supplemental Rules.
4. Where a single Panelist is elected and a Response is received, the sole Panelist will be the highest mutually ranked Panelist on the list of five (5) Panelists that will be provided to each Party within three days.
5. Where a single Panelist is elected and no Response is received, the relevant Office of the Centre shall appoint the sole Panelist without regard to the five (5) Panelists on the list.
Article 8. Impartiality and Independence
1. The Panelist(s) shall be and remain at all times wholly independent and impartial, and shall not act as advocate for any Party during the proceedings.
2. Prior to the appointment of any proposed Panelist(s), and after the appointment, the Panelist(s) shall declare in writing to the Parties and the relevant Office of the Centre any circumstances which are likely to create an impression of bias or prevent a prompt resolution of the dispute between the Parties. Except by consent of the Parties, no person shall serve as a Panelist(s) in any dispute in which that person has any interest, which, if a Party knew of it, might lead him/her to think that the Panelist(s) might be biased.
3. After a Panelist(s) has been appointed but before rendering a decision, a Panelist(s) dies, is unable to act, or refuses to act, the relevant Office of the Centre will, upon request by either Party, appoint a replacement Panelist(s).
Article 9. Panel Decision
1. A Panel shall make its decision in writing and shall state the reasons upon which the decision is based. The decision shall be dated and signed by the Panelist(s) according to the requirements set forth in Paragraph 4.2 and Paragraph 4.38 of the Policy.
2. In accordance with Paragraph 4.2.2 and Paragraph 4.3.8 of the Policy, the Panel shall forward its decision to the relevant Office of the Centre within Thirty (30) days of its appointment. In exceptional circumstances, the relevant Office of the Centre may extend the time as required for the Panel to forward its Decision.
3. The relevant Office of the Centre shall within three (3) calendar days of its receipt of a decision from the Panelist(s) forwards copies of the decision to the Parties and the concerned Registry.
Article 10. Correction of Panel Decision
1. Within seven (7) days of receiving the decision, a Party may by written notice to the relevant Office of the Centre and the other Party requests the Panel to correct in the decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. Any such corrections shall be given in writing to the Parties and shall become a part of the decision.
2. The Panel may correct any errors on its own initiative of the type referred to in Article 10(1) above within seven (7) days of the date of the decision being rendered.
Article 11. Publication of Panel Decision
The relevant Office of the Centre shall submit the decision of the Panel to the Parties, the concerned Registry and ICANN. Unless the Panel determines otherwise, the relevant Office of the Centre shall publish the full decision on the Centre's Web site, listing:-
Listing:-
1. the Domain Name that is in dispute and is the subject of a Request for Enforcement or an Appeal;
2. the case number;
3. the date the administrative proceedings officially began in accordance with the Article 5.6 above.
4. the decision rendered by the Panelist(s) in accordance with Paragraph 4.2.2 and Paragraph 4.3.8 of the Policy.
Article 12. Limits on Description of Written Statements
1. The (maximum) word limit shall be 3,000 words. Parties are required to observe this as the Panel in their own discretion shall have liberty to ignore those words exceeding the maximum stated limit.
2. There shall be no set word limit in regard to a Panel Decision.
Article 13. Appointment of Case Administrator
1. When the Request for Enforcement or the Appeal is sent by the relevant Office of the Centre to the Respondent or the Appellee, the relevant Office of the Centre shall notify the Parties of the name and contact details of the Case Administrator responsible for the administration of the proceedings commenced by the Request for Enforcement or the Appeal.
2. Communication between the Panelist(s) and the Parties shall be coordinated through the Case Administrator.
Article 14. Fees (US Dollars)
1. The applicable fees for documents only administrative procedure are specified as follows:-
Number of
Domain Name involved
in the Request for Enforcement or the Appeal Fee for Panelists ADNDRC's
Administrative
Fee Total Fees
Single Panelist Three
Panelists Single Panelist Three Panelists
1 to 2 domain names US$500 Presiding Panelist: US$1,000
Each Co-Panelist: US$500
US$500 US$1,000 US$2,500
3 to 5 domain names US$600 Presiding Panelist: US$1,200
Each Co-Panelist: US$600
US$600 US$1,200 US$3,000
6 to 9 domain names US$800 Presiding Panelist: US$1,400
Each Co-Panelist: US$700
US$800 US$1,600 US$3,600
10 domain names or more US$1,500 Presiding Panelist: US$2,500
Each Co-Panelist: US$1,500
US$1,500 US$3,000 US$7,000
2. If any amendments are required due to deficiencies in the Request for Enforcement and the Appeal (Form Fil and Form App), an additional charge of US$150 shall accompany any resubmission.
3. Fees to be paid to the relevant Office of the Centre in accordance with the Supplemental Rules shall be paid by draft made payable to "China International Economic and Trade Arbitration Commission" in the event the proceedings are to be administered by the Centre's Beijing Office, or "Hong Kong International Arbitration Centre" in the event the proceedings are to be administered by the Centre's Hong Kong Office. All fees to be paid are in US Dollars.
4. The Filing Registrar or the Appellant shall be responsible for paying the total fees within three (3) days of submitting the Request for Enforcement or an Appeal to our centre. The said fees are at the disposal of the relevant Office of the Centre in compliance with Paragraph 4.4.2 and 4.4.3 of the Policy.
5. If Filing Registrar or the Appellant has elected to have the dispute decided by a single-member Panel and Respondent or the Appellee elects a three-member Panel, Respondent or the Appellee shall be required to pay one-half of the applicable fee for a three-member Panel as set forth in the Provider's Supplemental Rules. This payment shall be made within seven (7) days after receipt of the Request for Enforcement or the Appeal, and is not refundable. In the event that the required payment is not made, the dispute shall be decided by a single-member Panel.
6. The said fees do not include any payments that might have to be made to a lawyer representing a Party.
7. All bank charges, transfer fees or other amounts that may be levied in connection with a payment made to the relevant Office of the Centre shall be the responsibility of the Party making the payment.
8. The Registrar that loses the dispute resolution process will bear the costs of the dispute resolution process in addition to any other costs as defined by the Registry.
Article 15. Exclusion of Liability
1. Without prejudice to any existing rule of law, no Panelist shall be liable to any Party, a concerned Registrar or ICANN for any act or omission in connection with the administrative proceedings conducted under the Policy and the Supplemental Rules, save in the case of fraud, dishonesty or deliberate wrongdoing.
2. Without prejudice to any existing rule of law, the Centre, its officers and its staff, shall not be liable to any Party, a concerned Registrar or ICANN for any act or omission in connection with any administrative proceedings conducted under the Policy and the Supplemental Rules, save in the case of fraud, dishonesty or deliberate wrongdoing.
Article 16. 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.
Article 17. Amendments
Subject to the Policy, the Centre on ICANN's consent may amend the Supplemental Rules from time to time.