（Issued by the China Internet Network Information Center on 25 September 2002 and effective as of 30 September 2002.）

颁布日期：20020925 　实施日期：20020930 　颁布单位：中国互联网络信息中心

PART ONE　GENERAL PROVISIONS AND DEFINITIONS

Article 1　These Procedural Rules are formulated in accordance with the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes （the Resolution Policies） of the China Internet Network Information Center， in order to ensure the fairness， convenience and expeditiousness of domain name dispute resolution procedures.

Article 2　The domain name dispute resolution procedures that are carried out in accordance with the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes shall be bound by these Procedural Rules and the Supplementary Rules formulated by the domain name dispute resolution institution in accordance with these Procedural Rules.

Article 3　For the purposes of these Rules （the Procedural Rules）：

1. “Resolution Policies” means the China Internet Network Information Center， Policies for Resolution of Domain Name Disputes formulated by the China Internet Network Information Center. The Resolution Policies shall constitute a part of domain name registration agreements between domain name holders and domain name registrars， and shall be binding on domain name holders；

2. “Registration Agreement” means the domain name registration agreement between a domain name holder and a domain name registrar；

3. “Party” means a Complainant or a Respondent；

4. “Complainant” means a Party who objects to （a） relevant domain name（s） and files a complaint with a domain name dispute resolution institution pursuant to the Resolution Policies and the Procedural Rules；

5. “Respondent” means the domain name holder against whom a complaint is filed；

6. “Domain Name Registry Administrator” means the China Internet Network Information Center （CNNIC）；

7. “Domain Name Registrar” means a CNNIC-authorized institution that is responsible for accepting domain name registration applications and completing registrations；

8. “Domain Name Registration Agency” means an institution that accepts domain name registration applications to the extent authorized to do so by a Registrar；

9. “Domain Name Dispute Resolution Institution” means the CNNIC-recognized and -authorized institution that is responsible for resolving internet domain names registered in China；

10. “Panel of Experts” means a panel composed of one or three experts that has been appointed by the Domain Name Dispute Resolution Institution to hear the complaints concerning domain name disputes；

11. “Expert” means a person qualified to serve on the Panels of Experts of the Domain Name Dispute Resolution Institution on domain name disputes who has been approved by the Domain Name Dispute Resolution Institution and whose name appears in the list of Experts published on the website of the Domain Name Dispute Resolution Institution；

12. “Supplementary Rules” means the supplementary rules formulated by the Domain Name Dispute Resolution Institution pursuant to the Resolution Policies and the Procedural Rules.

PART TWO　SUBMISSION AND SERVICE OF DOCUMENTS

Article 4　The submission of the documents of domain name dispute cases shall conform with the following principles：

1. documents sent by either Party must simultaneously be copied to the other Party， Panel of Experts and the Domain Name Dispute Resolution Institution；

2. any document sent by the Domain Name Dispute Resolution Institution to either Party must simultaneously be copied to the other Party；

3. any document sent by a Panel of Experts to either Party must simultaneously be copied to both the Domain Name Dispute Resolution Institution and the other Party；

4. the sender of a document shall have an obligation to retain a record of the specific fact and circumstances of sending， which shall be available for inspection by the relevant parties and for reporting purposes；

5. in the event a Party sending a document receives notification of non-delivery of the document， or whenever such Party himself believes that the relevant document cannot be delivered successfully， he shall promptly notify the Domain Name Dispute Resolution Institution of the relevant circumstances； thereupon， the sending of any document and the making of any response thereto shall be effected as directed by the Domain Name Dispute Resolution Institution；

6. either Party may update his contact details by notifying the Domain Name Dispute Resolution Institution.

Article 5　It shall be the responsibility of the Domain Name Dispute Resolution Institution to take effective measures to ensure that the Respondent actually receives the complaint. The Domain Name Dispute Resolution Institution shall be deemed to have been discharged from the said responsibility when the Respondent has actually received the complaint or after the Domain Name Dispute Resolution Institution has done the following to cause the Respondent to actually receive the complaint：

1. sending the complaint to the Respondent according to all postal mail and facsimile addresses recorded in the WHOIS database of the Domain Name Registry Administrator and the Domain Name Registrar for the domain name holder contact， the administration contact， the technical contact， the administrator and the billing contact；

2. sending the complaint in electronic form （including annexes that can be sent to the Respondent in the relevant form） to the e-mail addresses recorded in the WHOIS database of the Domain Name Registry Administrator and the Domain Name Registrar for the domain name holder contact， the administration contact， the technical contact， the administrator and the billing contact or， if the domain name resolves to a website， the e-mail address（es） provided under that website's contact method； and

3. sending the complaint to another correspondence address that the Respondent himself has selected and notified to the Domain Name Dispute Resolution Institution and， to the extent practicable， to all other addresses provided by the Complainant in accordance with Item （5） of Article 11.

Article 6　Except as provided in the preceding Article， the sending of any document to the Complainant or the Respondent pursuant to these Rules shall be effected by the means designated by the Complainant or the Respondent or， in the absence of such designation， by any of the following three means：

1. by facsimile with a confirmation of transmission；

2. by postal or express mail service with return receipt， postage prepaid； or

3. electronically via the web， provided that a record of transmission is available.

Article 7　Any document submitted by the Complainant or Respondent to the Domain Name Dispute Resolution Institution or the Panel of Experts shall be submitted by the means or in the manner （including number of copies） stipulated by the Supplementary Rules of the Domain Name Dispute Resolution Institution.

Article 8　Except the Parties agree otherwise or the Panel of Experts agree otherwise in exceptional cases， the language used in the domain name dispute resolution procedures shall be Chinese. The Panel of Experts may request a Party to submit all or part of the Chinese translations for any documents that are not prepared in Chinese.

Article 9　Except as otherwise provided in these Rules， or decided by a Panel of Experts， all documents provided for in these Rules shall be deemed to have been served：

1. if sent by facsimile， on the date shown on the confirmation；

2. if sent by postal or express mail service， on the date marked on the receipt；

3. if sent via the web， on the date of transmission， provided that such date is verifiable.

Article 10　Except as otherwise provided in these Rules， the commencement date of the time periods stipulated in these Rules shall be the earliest date that the document is deemed to have been delivered in accordance with the preceding Article.

PART THREE　THE COMPLAINT

Article 11　Any institution or individual may initiate domain name dispute resolution proceedings by filing a complaint with a Domain Name Dispute Resolution Institution authorized by CNNIC in accordance with the Resolution Policies and the Procedural Rules.

Article 12　The complaint shall be filed in hard copy and （except to the extent not available for annexes） in electronic form， and shall include the following particulars：

1. expressly request that a hearing be conducted and an award rendered in accordance with the Resolution Policies and the Procedural Rules；

2. provide the name， postal and e-mail addresses and contact telephone and facsimile numbers of the Complainant and of his agent；

3. specify a preferred manner for communications directed to the Complainant in the domain name dispute resolution proceeding， including the person to be contacted， the format of correspondence and contact address， whether for electronic documents or for hard copy；

4. specify whether the Complainant selects Experts to handle the dispute and whether the Complainant elects to have the disputes decided by a single-member or a three-member Panel of Experts； in the event the Complainant elects a three-member Panel of Experts， he shall select and name three persons from the list of Experts of the Domain Name Dispute Resolution Institution， to serve as candidates in his own preferred sequence； alternatively， the Complainant may authorize the Domain Name Dispute Resolution Institution to appoint an Expert on his behalf；

5. to the extent known to the Complainant， provide the name and contact details （including all postal and e-mail addresses and contact telephone and facsimile numbers） of the Respondent （domain name holder） or of his representative or agent in sufficient detail to allow the Domain Name Dispute Resolution Institution to send the Complainant's complaint to the Respondent in the manner provided for herein；

6. specify the disputed domain name（s）；

7. identify the Domain Name Registrar（s） and/or Registration Agency/Agencies with which the disputed domain name（s） is/are registered；

8. specify the rights and lawful interests on which the Complainant's complaint is based with respect to the disputed domain name， and be accompanied by all materials that can show the status of the rights；

9. describe， in accordance with the Resolution Policies， the grounds on which the complaint is made， in particular：

（a） that the domain name（s） of the Respondent （domain name holder） is/are identical or confusingly similar to the name（s） or mark（s） in which the Complainant has civil rights；

（b） that the Respondent （domain name holder） does not have lawful rights and interests in the domain name or its major part； and

（c） that the Respondent （domain name holder） registered and uses the domain name（s） in bad faith.

（With regard to Item （3）， the Complainant shall explain all aspects stipulated in Article 9 of the Resolution Policies. The relevant explanatory notes shall comply with the limits on the number of words or the number of pages of the document stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution.）

10. specify， in accordance with Article 13 of the Resolution Policies， the remedies sought；

11. identify any judicial or arbitration proceedings instituted in respect of the same domain name dispute， whether or not such proceedings have been concluded， and be accompanied by all information obtainable by the Complainant in connection with such proceedings；

12. state that a copy of the complaint has been sent or transmitted to the Respondent （domain name holder） and the relevant Domain Name Registrar and/or Registration Agency；

13. conclude with the following statement， followed by the signature or seal of the Complainant or his legal representative， or of his authorized agent：

“The Complainant affirms the following： The relevant complaint is made pursuant to CNNIC， Policies for Resolution of Domain Name Disputes， CNNIC， Policies for Resolution of Domain Name Disputes Procedural Rules and relevant laws. The information contained in this complaint is to the best of my knowledge complete and accurate. The relevant complaint and the remedies claimed are solely against the domain name holder and involve neither the Domain Name Dispute Resolution Institution and the Experts on the Panel of Experts nor the Domain Name Registry Administrator， the Registrar， the registration personnel and the Domain Name Registration Agency.”

14. annex any documentary evidence of the status of the rights and any other relevant documents.

Article 13　The Complainant may file a complaint against more than one domain name registered by the same domain name holder.

Article 14　Following its receipt of the complaint， the Domain Name Dispute Resolution Institution shall review the complaint for formal compliance.

If the complaint satisfies the requirements of the Resolution Policies and the Procedural Rules， the Domain Name Dispute Resolution Institution shall， within three days after receipt of the fee paid by the Complainant in accordance with Part Eight hereof， send a duplicate of the complaint， in the manner prescribed in Article 5 hereof， to the domain name holder complained against.

If， upon review， the complaint is found to be formally deficient， the Domain Name Dispute Resolution Institution shall promptly notify the Complainant of the deficiencies， and request him to effect the necessary revisions to the existing deficiencies in the complaint within five days after receipt of the notice. If the Complainant fails to revise the complaint within the prescribed time limit， or if the revised documents still fail to satisfy the requirements， his complaint shall be deemed withdrawn without prejudice to submission of a different complaint by the Complainant.

Article 15　The official date of commencement of the domain name dispute resolution proceeding shall be the date on which the Domain Name Dispute Resolution Institution completes its service of the complaint on the Respondent in accordance with Article 5 of the Procedural Rules.

Article 16　The Domain Name Dispute Resolution Institution shall immediately notify the Parties， the Domain Name Registrar（s） and CNNIC of the date of commencement of the domain name dispute resolution proceeding.

PART FOUR　THE RESPONSE

Article 17　Within 20 days of the date of commencement of the proceeding the Respondent shall submit his response to the Domain Name Dispute Resolution Institution.

Article 18　The response shall be filed in hard copy and （except to the extent not available for annexes） in electronic form， and shall include the following particulars：

1. refute the Complainant's complaint and claims and declare the bases and specific grounds for continuing to hold and use the disputed domain name（s） （this portion of the response shall comply with the word or page limits stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution）；

2. provide the name and contact details （postal and e-mail addresses and contact telephone and facsimile numbers） of the Respondent and of his authorized agent；

3. specify a preferred manner for communications directed to the Respondent in the domain name dispute resolution proceeding， including the person to be contacted， the format of correspondence and contact address， whether for electronic documents or for hard copy；

4. if the Complainant has elected in the complaint a single-member Panel of Experts to try the case， he shall state whether the Respondent elects to have the dispute heard by a three-member Panel of Experts；

5. if the Complainant or Respondent elects a three-member Panel of Experts， the Respondent shall select and name three persons from the list of Experts published by the Domain Name Dispute Resolution Institution， to serve as candidates in his own preferred sequence； alternatively， the Respondent may authorize the Domain Name Dispute Resolution Institution to appoint an Expert on his behalf；

6. identify any judicial or arbitration proceedings instituted in respect of the same domain name dispute， whether or not such proceedings have been concluded， and be accompanied by all information obtainable by the Respondent in connection with such proceedings；

7. state that a copy of the response has been sent or transmitted to the Complainant as prescribed in these Rules；

8. conclude with the following statement， followed by the signature or seal of the Respondent or his legal representative or his authorized agent thereof：

“The Respondent affirms the following： The relevant response is made pursuant to CNNIC， Policies for Resolution of Domain Name Disputes， CNNIC， Policies for Resolution of Domain Name Disputes Procedural Rules and relevant laws. The information contained in this response is to the best of my knowledge complete and accurate. The relevant response and claims are solely against the Respondent and involve neither the Domain Name Dispute Resolution Institution and the Experts on the Panel of Experts nor the Domain Name Registry Administrator， the Registrar， the registration personnel and the Domain Name Registration Agency.”

9. annex any documentary evidence of the status of the rights and any other relevant documents.

Article 19　If a Complainant elects the dispute to be heard by a single-member Panel of Experts and the Respondent elects the dispute to be heard by a three-member Panel of Experts， the Respondent shall bear half of the fees for a three-member Panel of Experts stipulated in the Supplementary Rules of the Domain Name Dispute Resolution Institution. The fees shall be paid together with the response submitted to the Domain Name Dispute Resolution Institution by the Respondent. If the fee has not been paid as required， the dispute shall be heard by a single-member Panel of Experts.

Article 20　At the request of the Respondent， the Domain Name Dispute Resolution Institution may， in exceptional cases， appropriately extend the period of time for the filing of the response by the Respondent. The Parties may also agree to extend the period for the filing of the response by the Respondent， provided the agreement is approved by the Domain Name Dispute Resolution Institution.

PART FIVE　APPOINTMENT OF THE PANEL OF EXPERTS

Article 21　The Domain Name Dispute Resolution Institution shall publish the list of Experts online. The Panel of Experts in charge of the domain name dispute resolution proceeding shall be composed of one or three Experts.

Article 22　If neither the Complainant nor the Respondent has elected the three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall， within five days after it has received the response of the Respondent or after the period for submission of response has lapsed， appoint an Expert from its list of Experts to form a single-member Panel of Experts. The fees for a single-member Panel of Experts shall be borne entirely by the Complainant.

Article 23　If either the Complainant or Respondent has elected a three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall appoint three Experts in accordance with the procedures stipulated in Articles 25 and 26. The fees for the three-member Panel of Experts shall be borne entirely by the Complainant， unless the three-member Panel of Experts has been selected by the Respondent， in which case the fees involved shall be shared equally between the Parties.

Article 24　Unless the Complainant has elected a three-member Panel of Experts and provided the names of the three candidate Experts， the Complainant shall， within three days after the receipt of the response in which the Respondent elects a three-member Panel of Experts from the Domain Name Dispute Resolution Institution， submit to the Domain Name Dispute Resolution Institution the names of the three candidate Experts to be appointed as a member of the Panel of Experts for the case.

Article 25　If either the Complainant or Respondent has elected a three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall appoint one Expert from each of the lists of the three candidate Experts provided by the Complainant and the Respondent. In the event the Domain Name Dispute Resolution Institution is unable to appoint an Expert from the Experts selected by a Party on its customary terms， it shall make the appointment on its own from its list of Experts. The third Expert shall be appointed by the Domain Name Dispute Resolution Institution from its list of Experts. The third Expert shall act as chief Expert.

Article 26　If the Respondent fails to submit a response， or if he does submit a response but fails to specify how the Panel of Experts should be appointed， the Domain Name Dispute Resolution Institution shall appoint the Panel of Experts in the following manner：

1. if the Complainant has elected a single-member Panel of Experts， the Domain Name Dispute Resolution Institution shall appoint one Expert from its list of Experts；

2. if the Complainant has elected a three-member Panel of Experts， the Domain Name Dispute Resolution Institution shall， if possible， appoint one Expert from among the three candidate Experts provided by the Complainant， and appoint the second Expert and the chief Expert from its list of Experts.

Article 27　Experts may decide at their own discretion whether or not to accept their appointment. To ensure that the dispute resolution proceeding is carried out in an expeditious and smooth manner， if an Expert selected as a candidate by the Parties refuses to accept his appointment， the Domain Name Dispute Resolution Institution will appoint another Expert on its own and form the Panel of Experts.

Article 28　Following the formation of the Panel of Experts， the Domain Name Dispute Resolution Institution shall transfer the case to the Panel of Experts in a timely manner， and give timely notice to each Party of the details of the formation of the Panel of Experts and the date on which the Panel of Experts shall submit the award to the dispute resolution institution.

Article 29　Experts shall be independent and impartial and shall have， before accepting appointment， disclosed to the Domain Name Dispute Resolution Institution any circumstances that may give rise to justifiable doubt as to his independence or impartiality. If， at any stage during the proceeding， new circumstances arise that may give rise to justifiable doubt as to his independence or impartiality， that member of the Panel of Experts shall promptly disclose such circumstances to the Domain Name Dispute Resolution Institution. In such event， the Domain Name Dispute Resolution Institution shall have the discretion to appoint another Expert.

Experts shall submit a declaration of independence and impartiality in writing to the Domain Name Dispute Resolution Institution before accepting their appointment.

If a Party believes that a material interest exists between a certain Expert and the other Party and that such interest could influence the impartial decision of the case， he shall communicate the same to the Domain Name Dispute Resolution Institution before the Panel of Experts renders its award on the relevant dispute. The decision as to whether or not the Expert should withdraw shall be decided by the Domain Name Dispute Resolution Institution.

Article 30　No Party or his agent may have any unilateral communication with the Panel of Experts. All communications between a Party and the Panel of Experts or the Domain Name Dispute Resolution Institution shall be routed through the case administrator appointed by the Domain Name Dispute Resolution Institution in the manner stipulated in its Supplementary Rules.

PART SIX　HEARING AND RULING

Article 31　The Panel of Experts shall conduct the proceedings in such manner as it deems appropriate in accordance with the Procedural Rules， and decide the domain name dispute on the basis of the respective claims provided by the Parties in the complaint and the response， the facts involved and the evidence submitted in accordance with the Resolution Policies and the applicable laws and regulations. If the Respondent fails to submit a response， in the absence of exceptional circumstances， the Panel of Experts shall decide the dispute based on the complaint.

While the dispute is being handled， the Panel of Experts shall treat the Parties with equality and give each Party an equal opportunity to state the facts， explain its grounds and provide evidence.

The Panel of Experts shall ensure that the dispute resolution proceeding takes place with expedition. The Panel of Experts has the right， at the request of a Party， to extend， in exceptional cases， a period of time fixed by these Rules.

The Panel of Experts has the right to decide upon the admissibility， relevance， materiality and weight of the evidence.

Article 32　In addition to the complaint and the response， the Panel of Experts shall have the right to request further statements or relevant evidentiary materials with respect to the case from either of the Parties.

Article 33　Under normal circumstances， there shall be no in-person hearings （including any hearings by teleconference， videoconference or web conference） during the domain name dispute resolution proceeding， unless the Panel of Experts considers such a hearing to be necessary. Subject to payment of the relevant fee， a Party may also request the Panel of Experts to conduct an in-person hearing.

Article 34　In the event that a Party， in the absence of an exceptional reason， does not comply with any of the time periods established by the Procedural Rules or determined by the Panel of Experts， the Panel of Experts will proceed to an award in the dispute involved.

Article 35　If a Party， in the absence of an exceptional reason， does not comply with any provision of the Procedural Rules or any order from the Panel of Experts， the Panel of Experts has the right to draw such inferences therefrom as it considers appropriate.

Article 36　If there are more than one domain name dispute between the Complainant and the Respondent， either the Complainant or the Respondent may request that these disputes be consolidated and heard by one Panel of Experts. Such request shall be submitted by the first Panel of Experts that has been appointed to hear a dispute between the Parties. Such Panel of Experts shall have the right to decide to consolidate all or part of the disputes for hearing， provided that the disputes that are consolidated for hearing are bound by the Resolution Policies.

Article 37　In the absence of exceptional circumstances， the Panel of Experts shall render its award on the domain name dispute involved， and deliver it to the Domain Name Dispute Resolution Institution， within 14 days after its establishment.

Article 38　Prior to signing its award， the Panel of Experts shall deliver the draft award to the Domain Name Dispute Resolution Institution. Without prejudice to the independent rendering of an award by the Panel of Experts， the Domain Name Dispute Resolution Institution may review the award as to formal issues.

Article 39　With respect to a case heard by a three-member Panel of Experts， the award shall be rendered by a majority. Each member shall have equal voting rights. If the Panel of Experts is unable to render a majority award， the award shall be rendered according to the opinion of the chief Expert. Any dissenting opinion shall be recorded in the award.

Article 40　The award shall be in hard copy and in electronic form， state the award rendered and the reasons on which it is based， indicate the date on which it was rendered and identify the name（s） of the Expert（s）。

If the Panel of Experts concludes that the dispute that is the subject of the complaint is not within its jurisdiction， it shall state so. If， after review of the documents submitted by the Parties， the Panel of Experts finds that the complaint is filed in bad faith， it may declare in the award that the complaint constitutes an abuse of the domain name dispute resolution procedures.

Article 41　In the event that， prior to or during a proceeding， either of the Parties initiate judicial or arbitration proceedings in respect of the （a） domain name in dispute， the Domain Name Dispute Resolution Institution or the Panel of Experts shall have the discretion to suspend or terminate the proceeding， or to proceed to an award.

In the event that， during the pendency of a proceeding， either of the Parties initiates any judicial or arbitration proceedings in respect of the （a） domain name in dispute， he shall promptly notify the Panel of Experts and the Domain Name Dispute Resolution Institution.

Article 42　A domain name dispute resolution proceeding may be terminated before the Panel of Experts renders an award if：

1. the Parties reach a settlement between themselves；

2. the Panel of Experts considers it unnecessary or impossible to continue the proceeding for another reason， unless a Party raises justifiable grounds for objection within a period of time to be determined by the Panel of Experts.

PART SEVEN　SERVICE AND PUBLICATION OF THE AWARD

Article 43　The Domain Name Dispute Resolution Institution shall communicate the full text of the award to each Party， the concerned Registrar（s） and CNNIC within three days after receiving the award from the Panel of Experts.

Article 44　Unless the Panel of Experts determines otherwise based on the request of a Party or the specific circumstances of the dispute， the Domain Name Dispute Resolution Institution shall publish the full award on a public website within the time limit stipulated in Article 43 above.

PART EIGHT　FEE

Article 45　The Complainant shall， in accordance with the Supplementary Rules of the Domain Name Dispute Resolution Institution， pay to the Domain Name Dispute Resolution Institution a fixed proceeding fee within the time and in the amount required. If a Respondent elects to have the dispute decided by a three-member Panel of Experts and not a single-member Panel of Experts as elected by the Complainant， he shall bear half of the fee for a three-member Panel of Experts. In any other cases， all fees of the Domain Name Dispute Resolution Institution shall be borne by the Complainant.

Article 46　The Domain Name Dispute Resolution Institution may not take any further action with respect to the relevant complaint until the Complainant has paid the proceeding fee to the Domain Name Dispute Resolution Institution in accordance with the Procedural Rules.

Article 47　If the Domain Name Dispute Resolution Institution has not received the relevant proceeding fees within eight days after the receipt of the complaint， the complaint shall be deemed withdrawn and the proceedings terminated.

Article 48　In exceptional circumstances， if an in-person hearing is held， the Domain Name Dispute Resolution Institution may request the Parties to pay an additional fee， which shall be determined after consultation with the Parties and the Panel of Experts.

PART NINE　SUPPLEMENTARY PROVISIONS

Article 49　Except in the case of deliberate wrongdoing， neither the Domain Name Dispute Resolution Institution nor the Experts shall be liable to either Party for any act or negligence in connection with the domain name dispute resolution proceeding.

Article 50　CNNIC shall be in charge of interpreting these Procedural Rules.

Article 51　These Procedural Rules shall be implemented as of 30 September 2002.