Domain name arbitration institution, is your process legal?

Source: Internet
Author: User

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Recently, Cobra registered running kart a general web site, because Nexon Corporation, Shanghai Post-Tong Technology Co., Ltd. on this common web site dispute, to the China international Economic and Trade Arbitration Commission domain name dispute Resolution Center for Arbitration, on February 7, 2007 to make arbitration results.

After the Cobra consulted the relevant persons, that the arbitral institution does not comply with the state's "arbitration law" as stipulated in the procedure, but separately according to the general Web site dispute Resolution of the provisions of arbitration. "The small law obeys the law, the Child Law obeys the mother method" This is the national law rule, the Arbitration Law Fourth expressly stipulates: "The litigant uses the arbitration method to settle the dispute, should both parties voluntarily, reach the arbitration agreement." If a party applies for arbitration without an arbitration agreement, the Arbitration Commission shall not accept it. However, this arbitration, in the absence of any arbitration agreement between the parties, the Arbitration Commission is the result of arbitration, is obviously illegal.

According to article 260 of the Civil Procedure Law, "the parties do not have an arbitration clause in the contract or do not have a written arbitration agreement after the event, should not be executed", do not know the illegal operation of the Arbitration Commission, China Internet Network Information Center will be implemented, please continue to pay attention to the incident progress

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