Can domain name disputes be submitted to arbitration
Can domain name disputes be submitted to arbitration? Apply for arbitration.
Domain name disputes refer to disputes arising from the registration or use of Internet domain names. If any organization or individual believes that a domain name registered by others conflicts with the legitimate rights and interests of the organization or individual, it may submit a dispute claim to the dispute resolution agency.
For domain name disputes, you can contact the domain name dispute resolution agency certified by CNNIC. There are currently two dispute resolution agencies: China International Economic and Trade Arbitration Commission Domain Name Dispute Resolution Center and the Hong Kong International Arbitration Center.
It should be noted that CNNIC is mainly responsible for formulating domain name dispute resolution methods and certifying domain name dispute resolution institutions. It does not itself intervene in domain name arbitration.
The expert group based on the information provided by the complainant and the respondent adjudicate the dispute based on the evidence and facts involved in the dispute. If the expert panel determines that the complaint is substantiated, it shall rule to cancel the registered domain name or transfer the registered domain name to the complainant. If the expert panel determines that the complaint is not substantiated, it shall rule to dismiss the complaint.
Where a case is heard by a three-member panel, the decision shall be made in accordance with the majority opinion. Each expert has equal voting rights. When the expert panel cannot form a majority opinion, the ruling shall be based on the opinion of the chief expert. Any dissent should be included in the award.
If the expert panel believes that the dispute complained of does not fall within the scope of its jurisdiction, it should explain it. If the panel determines that the complaint is in bad faith after reviewing the documents submitted by the parties, the panel may declare in its decision that the complaint constitutes an abuse of the domain name dispute resolution process.
Experts shouldSubmit the draft award to the domain name dispute resolution agency. Without affecting the independent judgment of experts, the domain name dispute resolution agency may review the form of the award.
Barring no special circumstances, the expert panel shall make a ruling on the domain name dispute involved within 14 days after its establishment and submit the ruling to the domain name dispute resolution agency.
Any person or organization can complain to the dispute resolution agency when it believes that a domain name registered by others conflicts with its legitimate rights and interests. These conflicts generally include:
1. The domain name complained of is the same as the name or logo in which the complainant has civil rights or is similar enough to cause confusion;
2. The complained domain name holder does not have any legitimate rights and interests in the domain name or its main part;
3. The domain name holder complained of has malicious intent in registering or using the domain name. Generally include the following situations:
1) The respondent registered or transferred the domain name for the purpose of selling, leasing or otherwise to the complainant or its competitors. Transfer the domain name in order to obtain improper benefits;
2) The respondent has repeatedly registered the name or logo that others have legitimate rights and interests as his own domain name, in order to Prevent others from using the name or logo to which they have legitimate rights and interests on the Internet in the form of domain names;
3) The registration or transfer of the domain name is intended to damage the reputation of the complainant , disrupt the normal business activities of the complainant, or confuse the difference between the complainant and the complainant, and mislead the public.
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