International domain name related arbitration policy

This article introduces ICANN (Internet name and digital address distribution agency) issued two rules on domain name arbitration policy, the students want to fry the domain name as soon as possible, so as to avoid future losses.

Unified domain Name Dispute resolution policy (UDRP)

(Approved by ICANN on August 24, 1999, October 24, 1999)

Description

1. This policy has already entered into force. For an implementation schedule, see URL www.icann.org/udrp/udrp-schedule.htm.

2, this policy has been adopted by all ICANN-approved registrars who are responsible for registering services with the. com,. NET,. org domain names (registrars), and also for the managers of some countries ' top-level domain names (such as. Nu,. tv,. WS, etc.).

3, this policy is a domain name registrars (or some countries, the registration of top-level domain name) and its customers (domain name holder or registrant) between the agreement. Therefore, this policy refers to the "we" or "our" name registrars, and to the "You" or "your" alleged domain name holder.

Unified domain name Dispute resolution policy

(Approved by ICANN on October 24, 1999)

1. Purpose:

This unified domain name Dispute resolution policy ("policy") has been adopted by the Internet name and digital distribution company (ICANN) and incorporated into your registration agreement in the form of an attachment. This policy sets out the terms and conditions for any dispute between you and US (domain registrar) arising from the registration and use of the Internet domain name you have registered. The settlement procedures provided for in article 4th of this policy will be based on the uniform domain name Dispute resolution policy (Rules of Procedure) (the Rules of Procedure), which are visible in the Web site www.icann.org/udrp/ udrp-rules-24oct99.htm) and the supplementary rules of the selected administrative dispute resolution service provider.

2, your statement of responsibility:

When you apply to register a domain name or require us to retain or update a domain name registration, stating and assuring us that: (a) The statement made in your registration agreement is complete and accurate; (b) As you know, the registration of domain names will not infringe upon or hinder the interests of any third party (c) The registration of the domain name is not for a wrongful purpose, and (d) you will not use the domain name knowingly in contravention of the applicable laws or regulations. It is your responsibility to judge whether your domain name registration Act infringes or hinders the interests of others.

3. Revocation, transfer and alteration:

In the following cases, we will revoke, transfer and change the domain name registration:

(a) In accordance with article 8th of this policy, we have received a written or appropriate electronic form of notification from you or your authorized agent requesting that such action be taken;

(b) We have received a ruling by a competent tribunal or arbitral body directing such action;

(c) We have received the decision of the Group of administrative experts to take such action in any administrative procedure of your Party pursuant to this policy or subsequent version of this policy adopted for ICANN. (See section 4th (9) and 4th (11) below)

We may also revoke, transfer and change the domain name registration in accordance with the terms of the Domain name registration agreement or other lawful requirements.

4. Mandatory administrative procedures

This section defines the type of dispute to which you are to be settled by a mandatory administrative procedure. The procedure will be carried out by the administrative Dispute resolution service provider listed in the Web site www.icann.org/udrp/approved-providers.htm (which is listed as an administrative dispute resolution service provider, hereinafter referred to as the "Dispute Resolution Body").

A. Applicable disputes when a third party (complainant), in accordance with the rules of Procedure, puts the following claim to a qualified dispute settlement body, you are obligated to accede to the mandatory administrative procedure:

(i) Your domain name is similar to or confusing to the trademark or service trademark of the complainant's rights;

(ii) You have no right or lawful interest in the domain name;

(iii) You have malicious intent to register and use the domain name.

The complainant must prove in the administrative procedure that the above three cases are available at the same time.

B. Evidence of malicious registration and use of domain names against 4th (a) (iii), in particular, but not limited to the following circumstances, which, if found to be true by the Panel, constitute evidence of the malicious registration and use of the domain name:

(i) The situation indicates that the primary purpose of your registration or acquisition of a domain name is to sell, rent or transfer domain names to complainants or their competitors who are trademarks or service marks of a trade, in order to obtain additional revenue directly from the relevant costs of domain registration;

(ii) Your Registration act in itself indicates that the purpose of your registration of the domain name is to prevent the owner of the trade mark and service mark from reflecting its trademark in the corresponding domain name;

(iii) The primary purpose of your registered domain name is to disrupt the normal business of the competitor;

(iv) by means of the use of domain names, for commercial purposes, you intentionally entice a network user to visit your website or other connecting address by creating a confusion between the source, the sponsor, the affiliate or the guarantor of the goods or services that are sold on your website or on the Web site or the service provided by the complainant's trademark.

C. How to prove your right to domain name and lawful interests in your defence you shall, upon receipt of the complaint, determine how you shall prepare your defence in accordance with rule 5th of the rules of Procedure. In the case of 4th (a) (ii), in particular, but not limited to the following circumstances, if confirmed by the Panel of Experts on the basis of a full determination of the evidence submitted, you have a right or legitimate interest in the domain name:

(i) prior to the notification of the relevant dispute, in the course of the provision of the goods or services, you have used in good faith or may prove to be prepared to use the domain name in good faith or the names corresponding to that domain name;

(ii) You (as an individual, a commercial company or other organization) have not obtained a trade mark or related service trademark, but because the domain name you hold is already well known;

(iii) If you are not lawfully using or reasonably using the domain name, you do not have any intention to mislead the consumer or tarnish the trade mark or service mark for commercial gain.

D. Selection of dispute resolution bodies the complainant shall select a dispute resolution body from a dispute resolution body approved by ICANN and submit a complaint to the dispute resolution body. In addition to the cases of joinder as provided for in article 4th (f), the dispute Settlement body shall administer the procedural matters of the case.

E. Commencement of proceedings and designation by the Administrative Expert group of the procedures for the commencement of cases, procedures for the proceedings and adjudication of disputes ("administrative Expert Group") shall be governed by the Rules of Procedure.

F. joinder if you have multiple domain name disputes between you and the complainant, you or the complainant may request that these disputes be referred to an administrative panel of experts for Joinder. The request shall be made to the Group of administrative experts initially designated to be responsible for the dispute between the parties. The group has the power to decide to combine some or all of such disputes as long as they are subject to the policy or later versions of this policy adopted by ICANN.

G. All fees charged by the cost dispute resolution body in respect of disputes submitted to the Expert Group pursuant to this policy are borne by the complainant, except in cases where you have chosen to expand the membership of the administrative Expert group from one expert to three experts in accordance with section 5th (b) (iv) of the Rules of Procedure. In this case, the total cost is shared equally between you and the complainant.

H. Our involvement in the administrative process we do not participate in the management of any procedures carried out by the administrative expert Group. In addition, we are not responsible for the results arising from the Expert Group's decision.

I. Relief measures the relief measures available to complainants through the Administrative Expert group procedure should be limited to requesting the cancellation of your domain name or the transfer of your registered domain name to the complainant.

J. Notification and disclosure of the dispute Settlement body shall inform us of any decision made by the Administrative panel of Experts in respect of the domain name registered by you. All decisions made under this policy are published on the Internet in full, except where the Panel decides in exceptional circumstances that it is not appropriate to publish the award.

K. The feasibility of judicial proceedings 4th provides that the mandatory administrative procedure required does not preclude you or the complainant from resolving the dispute to the Court of competent jurisdiction before or after the commencement of the compulsory administrative procedure. If the administrative Expert group decides that your domain name should be cancelled or transferred, we will wait for 10 (10) Working days (subject to the time of our main business office) after receiving the decision of the Administrative expert Group on the dispute Settlement body and before executing the ruling. And then we will execute the verdict, unless we receive from you within the 10 (10) working days of the waiting period the official documents (such as a copy of the indictment of the court clerk's seal) that the complainant filed a complaint against the complainant in accordance with the Rules of Procedure 3rd (b) (xiii). (In general, it is the location of your address, as recorded in our whois database, where our main business office is located.) Refer to Articles 1th and 3rd (b) (xiii) of the Rules of procedure for further information. If we have received the above document within 10 (10) working days, until we have received (i) a conviction that the parties have settled the dispute, (ii) that we are satisfied that the evidence of your claim has been dismissed or withdrawn; (iii) A copy of the court's decision to dismiss your claim or to determine that you have no right to continue using the domain name, we will not implement the administrative expert group's ruling or take any further action.

5. Other disputes and proceedings all the other disputes between you and other parties other than us which are not in accordance with the provisions of the 4th compulsory administrative procedure of this policy, which are caused by your registration of domain names, shall be settled by you and the party through court proceedings, arbitration and other applicable procedures.

6. Our involvement in the dispute we shall not in any way participate in any dispute arising from your registration and use of the domain name between you and other parties other than us. You may not include us in any such proceedings as a party to the parties or otherwise to enable us to intervene in the procedure. We reserve the right to conduct appropriate defence and to take other necessary actions to safeguard our interests once we are listed as party to the parties in such proceedings.

7. Maintain the existing state in addition to the circumstances set out in article 3rd above, we shall not revoke, transfer, bring into effect or invalidate the domain name registered under this policy, or otherwise alter the existing state of the domain name by any other means.

8. Transfer during the dispute

A. Transfer of a domain name to a new holder you may not transfer the registered domain name to another holder during the following periods: (i) during the period of administrative proceedings instituted under by-law 4th, or within 15 working days after the termination of the proceedings (subject to the time of the location of our main business institution) or (ii) during the course of court proceedings or arbitral proceedings instituted against your domain name registration, unless a party to the assignment of the domain name consents in writing to be bound by a court decision or arbitral award. We reserve the right to cancel the assignment of the domain name in violation of this provision.

B. Change the registrar you may not transfer the registered domain name to another registrar during the course of the administrative proceedings instituted under by-law 4th or within 15 working days after the termination of the proceedings (subject to the time of the location of our main business institution). As long as your domain name registered with me can continue to be the subject of a dispute in the proceedings instituted against you pursuant to the terms of this policy, you may transfer the registered domain name to another registrar during the course of court proceedings or arbitration proceedings. If you transfer the domain name to us in the course of court proceedings or arbitration proceedings, then the dispute over the domain name should still apply to the original Registrar's dispute resolution policy.

9. We have the right to revise this policy in due course with the agreement of ICANN. We will publish it at least 30th before the revised policy comes into effect. If this policy has been invoked by the complainant in a complaint lodged with the dispute Settlement Body, you shall be bound by the policy text that is valid when invoked by the complainant. In addition, all of these changes are binding on you, whether the domain name dispute arises prior to the entry into force of the revised text or in effect or after it has entered into force. If you do not accept the amendment to this policy, your only remedy is to cancel the domain name registration at my office, but you do not have the right to request the return of any fees that you have already paid to us. The revised policy text will apply to you until your cancellation of domain name registration.

[July 24, 2000]

Rules of unified domain name dispute resolution policy

(Adopted by ICANN on October 24, 1999)

The dispute settlement administrative procedure under the unified Domain name dispute resolution policy adopted by ICANN is governed by the supplemental rules published by the rules and by the dispute resolution body of the management case procedure through its website.

1. Definition

In the present rules:

The complainant refers to the party who filed a complaint in respect of the domain name registration.

ICANN refers to the Internet name and digital distribution company.

(a) The jurisdiction of the Court in the place of the Registrar's main business institution (as long as the domain name holder has stipulated in his registration agreement that the dispute arising out of the use of the domain name has been delivered to the jurisdiction of the Court of Law) or, (b) The jurisdiction of the court where the name Holder's address is displayed in the Registrar whois database at the time of filing the dispute resolution body.

The Expert Group refers to an administrative expert group designated by the dispute resolution body to hear complaints about domain registration.

Expert refers to an expert appointed by a dispute resolution body as a member of a group of experts.

The party refers to the complainant or the complainant.

"Policy" means "unified domain name Dispute resolution policy". The policy is incorporated and becomes part of the registration agreement by invoking it.

The dispute resolution agency refers to a dispute resolution service provider identified by ICANN. The list of institutions is available on the Web site www.icann.org/udrp/approved-providers.htm.

A registrar refers to a company that provides a disputed domain name registration service for the complainant.

The registration agreement refers to the registration agreement signed by the Registrar and the domain name holder.

The registered domain name holder to whom the complaint is lodged by the complainant's pointer.

Reverse domain name hijacking refers to the malicious use of the relevant provisions of the policy in an attempt to deprive the registered domain name holders of the domain name of the act.

The supplementary rules refer to the additional rules of the present rules established by the dispute resolution body, which is competent to administer the case procedure.

2. Service

(a) When a complaint is served on the complainant, the dispute resolution body is responsible for taking reasonable and practicable measures to ensure that the complaint is actually received by the complainant. The fact that a complaint has been received, or that the dispute resolution body has carried out the following acts in order to enable the complainant to actually receive the complaint, the responsibility is discharged:

(i) Registered domain name holders and their technical contacts, as recorded in the registration information of the Registrar whois database (A); Manage contacts and, (B) all postal and facsimile addresses of the domain name registration payment contact provided by the Registrar to the dispute resolution body, and send the complaint to the complainant;

(ii) the transmission of electronic complaints (including attachments that may be transmitted electronically) to the following addresses by e-mail:

(A) The Domain name registration technical Contact person, manages the contact person and the payment contact person's e-mail address;

(B) postmaster@< disputed domain name >; and

(C) If the domain name (or www. Immediately after that domain name) is resolved to a valid Web page (the Web page is not a general Web page reserved by the Registrar or ISP for the use of a domain name to be registered by a plurality of domain name holders) as determined by the dispute resolution body, Any e-mail address displayed on the webpage or any e-mail address that the webpage can link to;

(iii) In accordance with the complainant's choice and notification of any address of the dispute resolution body and, to the extent practicable, the sending of a complaint to all other addresses provided to the dispute resolution body by the complainant under 3rd (b) (v).

(b) In addition to the circumstances set out in article 2nd (a), any written document transmitted to the complainant and to the complainant under these rules shall be in the manner chosen by the complainant and the complainant respectively (see 3rd (b) (iii) and 5th (b) (iii)) or, in the absence of such instructions

(i) Transmitted by facsimile with a transmission confirmation;

(ii) Prepaid postage and sent by mail or courier with receipt;

(iii) electronic transmission via the Internet in the event of access to the transmission records.

(c) Any documents submitted to the dispute Settlement body or the Expert Group shall be submitted in the manner and in such way (including fractions) as may be provided for in the supplementary rules of the dispute resolution body.

(d) The document shall be produced in the language specified in article 11th. If feasible, electronic files should be delivered in simple text.

(e) Any party may notify the dispute Settlement Body and the Registrar to update its detailed contact information.

(f) Unless otherwise provided in these rules, or if the Panel decides otherwise, all documents submitted under these Rules shall be deemed to have been served under the following circumstances;

(i) by facsimile transmission, whichever is the date indicated on the transmission confirmation;

(ii) sent by post or by courier, whichever is the date marked on the receipt, or

(iii) transmitted over the Internet, subject to the date on which the transmission is to be validated, the date of transmission of the document.

(g) Unless otherwise provided in the present rules, the period for the commencement of the submission of documents provided for in these rules shall be calculated from the date when the document under article 2nd (f) is initially considered to have been submitted.

(h) Any document,

(i) Where a group of experts is transmitted to any party, a copy of the document must be transmitted simultaneously to the dispute settlement body and to the other party;

(ii) Where a dispute settlement body is transmitted to any party, a copy of the document must be transmitted to the other party at the same time;

(iii) Where a party submits a copy of the document to the other party, to the Expert group and to the dispute resolution authority.

(i) The transmitting party is obliged to keep a record of the documents transmitted to it, to record the specific facts and circumstances of the transmission of the document, to be consulted by the parties concerned and to produce the corresponding report.

(j) If the party transmitting the document receives notification that the documents transmitted by him have not been received, the Party shall immediately inform the Group of experts (or, if the Panel has not yet specified, notify the dispute settlement Body). Further procedures for the transmission and response of documents shall be based on the instructions of the Group of Experts (or the disputing body).

3. Complaints

(a) any individual or enterprise may, in accordance with the policy and the rules, lodge complaints with an accredited dispute resolution body of ICANN to initiate administrative proceedings. (Due to qualification restrictions or other reasons, the dispute resolution body's eligibility to receive complaints may be suspended.) In this case, the dispute resolution body shall refuse to accept the complaint. The individual or enterprise may submit a complaint to another dispute settlement body. ）

(b) The complaint shall be submitted in the form of a tangible written document and in electronic form (except in the case of an electronic form of attachment) and shall:

(i) contain a request that the complaint should be adjudicated in accordance with the policy and the rules;

(ii) Provide the names, communications and e-mail addresses of the complainants and authorized representatives of their administrative procedures, as well as telephone and facsimile numbers;

(iii) Identification of the preferred means of communication (including contacts, contact information and contact address) with complainants in administrative proceedings regarding (A) electronic document materials and (B) materials containing tangible written documents;

(iv) Decide whether the complainant chooses one person to adjudicate the dispute or the three-person expert group to adjudicate the dispute. If the complainant chooses to adjudicate the dispute by a trio of expert groups, the names and detailed contact information of the three candidates who will be designated as members of the Panel of Experts should be provided (three candidates may be selected from a list of experts from any dispute resolution agency identified by ICANN);

(v) Provide the name of the complainant (domain name holder) and any information known to the complainant as to how to contact the complainant and his representative, including all communications and e-mail addresses and telephone and fax numbers, as well as the contact information in the consultation process before the Parties; The above information shall be detailed enough to allow the dispute resolution body to send the complaint to the complainant in the manner described in 2nd (a);

(vi) identify the domain name as the subject of the complaint;

(vii) Determining the Registrar of registered domain names at the time the complaint was filed;

(viii) A trademark of a commodity or service that is expressly to lodge a complaint. In the case of each trademark, the goods or services according to which the trade mark is to be used (the complainant may also explain separately the goods and services to which the complainant intends to use the trade mark at the time of the complaint);

(ix) to state, in accordance with the policy, the grounds upon which a complaint is lodged, including, in particular:

(1) The disputed domain name is similar to or confusing to the trademark or service trademark of the right of the complainant;

(2) The reason that the complainant (domain name holder) does not have a right or legal interest in the disputed domain name;

(3) The disputed domain name is considered to be the reason for malicious registration and use.

(For the purposes of subparagraphs (2) and (3), the complainants should discuss all aspects of the policy, as set out in articles 4th (b) and 4th (c), which are to be applied. The number of words in the description shall be consistent with the limitation of the number of words or pages of the document by the supplemental rules of the dispute resolution body. ）；

(x) Clear the means of redress sought, in accordance with the provisions of the policy;

(xi) Description of any other judicial proceedings relating to the disputed domain name that have commenced or have ceased;

(xii) Declare that a copy of the complaint has been sent or transmitted to the complainant (domain name holder), in accordance with section 2nd (b), together with the form cover provided for in the supplementary rules of the dispute resolution body;

(xiii) stated that the complainant, if he had any objection to the administrative procedure ruling on the cancellation or transfer of the domain name, would submit the dispute to a court of at least one of the established reciprocal jurisdiction jurisdictions;

(xiv) The end of the complaint shall be accompanied by the following statement and signed by the complainant or his authorized representative:

"The complainant agrees that its claims and remedies for domain name registration, disputes or dispute resolution are for domain name holders only, the complaint and relief claim does not involve (a) the dispute settlement bodies and experts, except for intentional misconduct, (b) Registrars, (c) registered officials, and (d) Internet names and digital distribution companies, And the directors, officials, employees and agents of the above-mentioned institutions. "

"The complainant confirms that the information contained in the complaint is complete and accurate as it is known." This complaint is not for any improper purpose, such as blackmail. The complainant warrants that the claim in respect of the complaint is made in accordance with the rules and the law to which it is applicable as if the state in which it exists or may be extended by goodwill and reasonable defence. "

(xv) Any document or other evidence, including a copy of the policy to which the disputed domain name shall be applicable, and a registered trademark and service trademark on which the complaint depends, shall be submitted as an annex and shall provide a catalogue index of the above evidence;

(c) Complainants may lodge complaints against multiple domain names as long as they are registered by the same domain name holder.

4. Notice of complaint

(a) The dispute resolution body shall be subject to administrative review of the complaint. If the complaint is in accordance with the policy and the provisions of these rules, the dispute resolution agency shall serve the complainant on the basis of the receipt of the fee paid by the complainant under section 19th within 3 calendar days, in the manner provided for in article 2nd (a), the complaint, together with the cover of the explanatory form provided for in the supplementary rules of the dispute settlement body.

(b) If the dispute settlement body finds that the complaint has a form defect, it shall immediately notify the complainant and the complainant of the defect. The complainant shall revise the defect within 5 calendar days after receiving the notice. Where the complainant fails to modify the form of the complaint within the aforesaid period, the administrative procedure shall be deemed withdrawn but does not preclude the complainant from making another complaint.

(c) The date on which a dispute settlement body completes the service of the complaint document to the complainant pursuant to 2nd (a) shall be the date of commencement of the administrative proceedings.

(d) The dispute resolution body shall immediately notify the complainant, the complainant, the Registrar concerned and ICANN of the commencement date of the administrative proceedings.

5. Reply

(a) The complainant shall submit a reply to the dispute settlement body within 20th from the date of the commencement of the administrative proceedings.

(b) The defence shall be submitted in the form of tangible written and electronic documents (other than attachments not in electronic format) and shall:

(i) specifically refute the representations and claims contained in the complaint, and affirms that the complainants (domain name holders) retain the domain name registration and the continued use of the disputed domain name all the basis and specific reasons (the answer to this part of the number of words should be consistent with the dispute resolution body of the supplementary rules of the number of words or page limits);

(ii) Provide the names, communications and e-mail addresses of the complainants (domain name holders) and their authorized administrative procedure agents, as well as telephone and facsimile numbers;

(iii) Identification of the preferred means of communication (including contact, contact information and contact address) in the administrative proceedings with respect to (A) electronic document materials and (B) materials containing tangible written documents and contact with the complainant;

(iv) If the complainant chooses a panel of experts to hear the case in the complaint (see 3rd (b) (iv)), it shall state whether the complainant chooses to submit the dispute to the three-person expert group for adjudication;

(v) If the complainants or the complainants have chosen the three-person expert group, shall provide the names and detailed contact information of the three candidates who will be designated as members of the Expert Group on the case (these candidates may be selected from the list of experts from the dispute resolution body identified by ICANN);

(vi) Identify any other judicial proceedings that have commenced or ceased to be relevant to the disputed domain name;

(vii) A statement that a copy of the reply has been sent or transmitted to the complainant pursuant to section 2nd (b);

(viii) At the end of the reply, the following statement shall be attached and signed by the complainant or his authorized representative:

"The complainant confirms that the information contained in the defence is complete and accurate as it is known." The plea is not motivated by any improper purpose, such as blackmail. The complainant warrants that the statement of defence in question is made in accordance with the rules and the law to which it is applicable as if the state in which it exists or may be extended by goodwill and reasonable defence. "

(ix) Any document or other evidence on which the defence depends shall be submitted as an annex and shall provide a table of contents for the above evidence.

(c) If the complainant chooses to submit the dispute to a panel of experts for adjudication and the complainant chooses to submit the dispute to a three-person expert group, the complainant shall bear half of the cost of the three-person expert group set forth in the supplementary rules of the dispute settlement body. The fee shall be delivered in reply to the dispute settlement body. If the fees to be charged are not delivered on request, the dispute will be heard by a panel of experts.

(d) At the request of the complainant, the dispute settlement body may extend the time limit for submission of the defence in individual cases. The period may be extended by the parties ' written agreement, provided that the agreement is approved by a dispute settlement body.

(e) If the complainant has not filed a defence, the panel shall, in the absence of special circumstances, decide the dispute in accordance with the complaint.

6. Designation of the Expert group and duration of adjudication

(a) Each dispute resolution body shall develop and publish a roster of experts, including the names of experts and their suitability.

(b) If the complainants and the complainants have not chosen the three-person expert Group (3rd (b) (iv) and 5th (b) (iv)), the dispute resolution body shall designate a single expert from its roster of experts within 5th after receipt of the respondent's reply or the expiration date of the respondent's defence. The cost of one-person expert group shall be borne by the complainant.

(c) If the complainant or one of the complainants chooses to submit the dispute to a three-person panel of experts, the dispute resolution body shall designate three experts in accordance with the procedures provided for in article 6th (e). The three-person expert group fee should be all borne by the complainant, but the three-person expert group is chosen by the complainant except. In the latter case, the costs involved shall be apportioned between the parties.

(d) Unless the complainant has chosen the three-person expert group, the complainant shall submit to the dispute resolution body the names and detailed contact information of the three candidate experts who will be designated as a member of the Panel of Experts in the 5 calendar days following receipt of the respondent's choice of defence for the three-person expert group. These candidates may be selected from a list of experts from any of the dispute resolution agencies accredited by ICANN.

(e) If the complainant or one of the complainants chooses a three-person expert group, the dispute resolution body shall, as far as possible, designate an expert from the list of candidates provided by the complainant and the complainant. If the dispute resolution body fails to designate an expert from each of the two candidates ' lists on the basis of its usual conditions within 5 calendar days, the dispute resolution body will be designated from its roster of experts. The third expert shall be designated by the dispute resolution body from the list of five candidates that it provides to the parties. When appointing a third expert, the dispute resolution body shall respect the choice that the parties may make in the 5 calendar days after the dispute Settlement body submits the list of five candidates to it, reasonably balancing the wishes of the parties.

(f) Upon the appointment of the Expert Group, the dispute resolution body shall notify the parties of the designated expert and, if no special circumstances, the Expert Group shall submit the decision of the complaint to the dispute settlement body.

7. Independence and Justice

The expert shall be independent and impartial, and shall disclose to the dispute settlement body any circumstances reasonably suspected of its independence and impartiality before accepting the designation. If, at any stage in the course of an administrative proceeding, a new situation arises that may lead to reasonable suspicion of its independence and impartiality, the expert shall forthwith disclose the situation to the dispute settlement body. In such cases, the dispute resolution body has the right to designate alternative experts.

8. Liaison between the parties and the Group of Experts

Neither party nor his agent shall have any unilateral contact with the Panel of Experts. All liaison between the party and the Expert group or dispute settlement body shall be carried out through the case of the dispute resolution body designated in accordance with the provisions of its supplementary rules.

9. Expert Group on the transfer of cases

When the Expert Group is composed of one person, or when the Expert Group is composed of three persons, the dispute Settlement Body shall refer the case to the Group of experts once the final expert has been appointed.

10. General rights of the Group of Experts

(a) The expert Group shall carry out administrative procedures in such manner as it deems appropriate in accordance with the policy and the present rules.

(b) In all cases, the Group of Experts shall ensure equal treatment of the Parties and guarantee equal opportunity for each party to present the case.

(c) The expert Group should ensure that administrative procedures are carried out expeditiously. The Expert Group may, at the request of a party or at its sole discretion, extend the time limits established by the present rules or the Group of experts in exceptional circumstances.

(d) The Group of Experts is empowered to determine the acceptability, relevance, materiality and importance of evidence.

(e) The Group of Experts may, in accordance with the policy and the rules, determine the joinder of multiple domain name disputes at the request of a party.

11. Language used in the procedure

(a) The language used in the administrative procedure shall be the language used in the registration agreement, unless otherwise agreed by the parties or under the Registration Agreement, and the Panel decides otherwise in accordance with the specific circumstances of the administrative settlement procedure.

(b) The Group of Experts may determine that any document produced in a language other than the administrative procedure to be submitted by the Parties shall be accompanied in whole or in part by a translation of the language to be used in the administrative proceedings.

12. Further statement

In addition to the complaints and pleadings, the panel may decide to request a party to provide further statements or submit relevant documents on the case in question.

13. Hearing in court

Unless the Panel decides on its own in exceptional circumstances, the court hearing is necessary for the adjudication of the dispute, and normally does not hold a hearing (including any hearings conducted in conference calls, video conferences and web meetings).

14. Absence

(a) The group will continue to conduct administrative procedures until a decision is taken on the complaint in respect of which the parties, without special circumstances, do not comply with any time limit established by the present rules or the Group of Experts.

(b) The panel shall, if there is no special case, do not comply with the provisions or requirements of these rules or any instructions of the Group of Experts, to be inferred in such circumstances as it deems appropriate.

15. Decision of the Expert Group

(a) The expert group shall adjudicate the dispute on the basis of the statements and evidence submitted by the Parties and in accordance with the policy, the rules and the rules of law and principles that may be used.

(b) In the absence of any special circumstances, the Panel shall submit to the dispute Settlement Body the award of the complaint within 14th after its designation under article 6th.

(c) In the case of a three-person expert Group, the award shall be made by majority opinion.

(d) The Expert Group award shall be in writing stating the reasons for the award, indicating the date of the award and specifying the name of the expert.

(e) Expert group decisions and related disagreements should normally be consistent with the requirements of the supplementary rules of the dispute resolution body regarding the length of the document. Any disagreement should be contained in a decision made by a majority opinion. If the Panel finds that the dispute does not fall within the scope set out in article 4th (a) of the policy, it should be described. If, after reviewing the documents submitted by the Parties, the Panel finds that the complaint is malicious, such as a case of a reverse domain name hijacking or its purported intent to blackmail the domain name holder, the panel shall declare in the award that the complaint is malicious and constitutes an abuse of the administrative procedure.

16, the decision served on the parties

(a) The dispute settlement Body shall transmit the full text of the award to all parties, relevant registrars and ICANN within 3 calendar days after receipt of the award by the Panel of Experts. The Registrar shall immediately inform the Parties, the dispute resolution body and ICANN of the date on which the award is enforced under the policy.

(b) Unless otherwise decided by the Group of Experts (see Policy 4th (J)), the dispute resolution body shall publish the full text of the award and the date of its execution on a public website. In any case, the part of the decision in which the complaint constitutes malice shall be disclosed.

17. The affair of the reconciliation or other termination procedure

(a) If the parties reach a settlement before the Panel makes a decision, the Panel shall terminate the administrative procedure.

(b) If, pending a decision by the Panel, the administrative proceedings for any other reason are unnecessary or impossible to continue, the Panel shall decide to terminate the administrative procedure unless a party makes reasonable objections within the time specified by the Group of Experts.

18. Effectiveness of the judicial process

(a) If judicial proceedings have been instituted in respect of the disputed domain name before or during the commencement of the administrative proceedings, the Panel shall have the discretion to suspend or terminate the administrative proceedings or to continue the administrative proceedings until the decision is made.

(b) If a party has instituted judicial proceedings in respect of the disputed domain name during the course of the administrative proceedings, it shall immediately notify the Expert Group and the dispute Settlement body. See article 8th above.

19. Cost

(a) The complainant shall, in accordance with the provisions of the supplementary rules of the dispute resolution body, pay a fixed basic fee to the dispute settlement body at the prescribed time and amount. If the complainant chooses to submit the dispute to a three-person expert group in accordance with the provisions of 5th (b) (iv), rather than being decided by a panel of experts chosen by the complainant, half of the three-person expert group's costs should be borne by the complainant and paid to the dispute settlement Body (see 5th (c)). In other cases, all costs of the dispute settlement body shall be borne by the complainant, except in the case specified in article 19th (d). Upon designation, the dispute resolution body shall, in accordance with the provisions of the supplementary rules of the dispute resolution body, return to the complainant the appropriate proportion of the basic costs, if any.

(b) The dispute resolution body shall not take action on the complaint before the complainant has paid the basic fee to the dispute Settlement Body under section 19th (a).

(c) If the dispute settlement body does not receive the fee within 10 calendar days after receipt of the complaint, the administrative procedure shall be terminated, depending on the complaint as withdrawn.

(d) In exceptional circumstances, such as the holding of court hearings, the dispute settlement body shall require the parties to pay additional fees. The cost shall be determined by the parties to the consultation and the Group of Experts.

20. Exclusion of responsibility

In addition to intentional misconduct, a dispute settlement body or an expert shall not be liable to a party for any act or omission relating to an administrative procedure carried out under the rules.

21, modify

The relevant administrative procedures shall apply to the texts of these rules which are valid when submitting complaints to the dispute settlement body. These rules may be amended only with the express written confirmation of ICANN.

(See text: http://www.icann.org/udrp/udrp-rules-24oct99.htm)

[July 24, 2000]