How to deal with inconsistencies between the domain name dispute resolution agency's ruling and the court's
The effectiveness of court decisions is higher than that of domain name dispute resolution agencies the validity of the ruling made. When the two are inconsistent, the court's decision shall prevail. According to the law, for domain name disputes that have been complained to the dispute resolution agency and prosecuted in court, if the parties reach a settlement agreement, the settlement agreement will be implemented; if the court makes a ruling, the ruling will be implemented; if the lawsuit is dismissed by the court, or the parties If the dispute is withdrawn, the decision of the dispute resolution institution will be implemented.
For relevant laws, please refer to:
"China Internet Network Information Center Domain Name Dispute Resolution Measures" Article 16 If the dispute resolution agency decides to cancel the domain name or transfer the domain name to the complainant, the domain name registrar shall implement it after 10 days from the date of announcement of the decision. However, if the respondent provides valid evidence to prove that the judicial authority or arbitration institution with jurisdiction has accepted the relevant dispute within 10 days from the date of announcement of the award, the execution of the award of the dispute resolution institution shall be suspended.
For the decision of the dispute resolution institution that suspends execution, The domain name registrar will handle it as follows depending on the situation:
(1) There is evidence that the parties to the dispute have reached a settlement , execute the settlement agreement;
(2) Yes If the evidence shows that the relevant prosecution or arbitration application has been dismissed or withdrawn, the ruling of the dispute resolution agency shall be implemented;
(3) If the relevant judicial authority or arbitration institution makes a judgment and it has become legally effective, the judgment shall be implemented.
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