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DN Dispute Resolution Policy
Taiwan Network Information Center Domain Name Dispute Resolution Policy │     

Rules for the TWNIC Domain Name Dispute Resolution Policy

[Translation][1]
Passed 8 March 2001 / Amended 4 December 2001 / Amended 23 July 2002/Amend 23 September 2008/Amended 25 auguest 2009

Article 1 Purpose

These Rules are adopted pursuant to Article 6, paragraph 2 of the Domain Name Dispute Resolution Policy (hereinafter, the "Policy").

Article 2 Communications

The Provider shall deliver the complaint to the Registrant by reasonable, practicable means. The complaint shall be deemed to have been delivered when sent by any of the following means:

1. Sending the complaint by mail and facsimile to the postal-mail address(es) and facsimile number(s) of the Registrant as recorded in the Registry Administrator's database;

2. Sending the complaint by e-mail to the Registrant's e-mail address as recorded in the Registry Administrator's database and to postmaster@ the Registrant's Domain Name;

3. Sending the complaint to the service address(es) of which the Registrant notified the Provider, and to the Registrant's address(es) and e-mail address(es) provided to the Provider by the Complainant under Article 3, paragraph 4, subparagraph 5.

Except as provided in the preceding paragraph, any communication to the Complainant or Registrant provided for under these Rules shall be made by the preferred means specified by each Party pursuant to Article 3, paragraph 4, subparagraph 3, or Article 5, paragraph 2, subparagraph 3. In the absence of such specification by either Party, one of the following means shall be selected:

1. By a facsimile machine, with a confirmation of transmission;

2. By postal or other delivery service;

3. Via the Internet, provided a record of transmission is available.

Any communications by a Party to the Provider or the Panel shall be made in the manner provided in the Supplemental Rules.

All content of communications shall be made in the language prescribed in Article 11. E-mail shall be in plain text format.

A Party may notify the Provider or the Registry Administrator to update its contact details.

Except as otherwise provided in these Rules or decided by a Panel, communications under these Rules shall be deemed to have been delivered on the following dates:

1. If delivered by facsimile with a confirmation of transmission, on the date shown on the transmission confirmation printout;

2. If delivered by postal or other delivery service, on the date marked on the delivery receipt;

3. If delivered via the Internet, on the date shown on the transmission record, provided that the date of transmission is verifiable.

Except as otherwise provided in these Rules, the calculation of all dates or time periods shall begin from the earliest date, as provided in the preceding paragraph, on which delivery was made.

The following provisions shall be observed in all communications:

1. Any communication by a Panel to any Party shall be copied to the other Party and to the Provider;

2. Any communication by the Provider to any Party shall be copied to the other Party;

3. Any communication by a Party shall be copied to the other Party, the Panel, and the Provider, as the case may be.

The sender shall retain sending record documents, which shall be available for inspection by related parties or for reporting purposes. In the event a Party receives notification of non-delivery of a communication, the Party shall promptly notify the Panel and await the Panel's further instructions. If no Panel is yet appointed, the Party shall notify the Provider.

Article 3 Complaints

Domain name dispute resolution proceedings shall be initiated by submitting a complaint in accordance with the Policy and these Rules to a Provider approved by the Registry Administrator.

In the event the Registry Administrator has suspended such Provider's authority to hear dispute cases for reasons relating to the Provider's capacity or other reasons, the Provider may not accept the complaint.

In the circumstances in the preceding paragraph, the Complainant may submit the complaint to another Provider.

The Complaint shall specify the below-listed particulars and shall be simultaneously submitted in hard copy and, except to the extent not available for annexes, in electronic form.

1. The matters that the Provider is requested to resolve in accordance with the Policy and these Rules;

2. The name, address, e-mail address, telephone number and telefax number of the Complainant and its agent;

3. Select a method for communications: e-mail transmission or regular postal delivery; and specify relevant person(s) to be contacted, medium, and postal or e-mail address;

4. Elect for a single-member Panel or three-member Panel. If the Complainant elects for a three-member Panel, it shall provide the names and contact details of three candidates to serve as [one of the] Panelists from the Provider's list of Panelists;

5. Provide the name of the Registrant and all [contact] information for the Registrant known to the Complainant prior to the commencement of proceedings based on pre-[complaint] dealings, including postal address, e-mail address, telephone number, telefax number, and agent's information, to allow the Provider to send the complaint as provided in Article 2, paragraph 1;

6. [Specify] the Domain Name(s) under dispute in the resolution proceedings;

7. [Identify] the Registrar(s) responsible for registration of the Domain Name(s);

8. [Specify] the trademark(s), mark(s), personal name(s), business name(s), or other emblem(s) [on which the complaint is based], and the scope of the goods or services with which it is designated for use, and also describe the circumstances of use of the trademark(s), mark(s), personal name(s), business name(s), or other emblem(s);

9. Specify the elements of the complaint as provided in Article 5, paragraph 1 of the Policy, complying with the format set forth in the Provider's Supplemental Rules;

10. Specify, in accordance with the Policy, the remedies sought;

11. Identify any other legal proceedings in connection with the disputed Domain Name(s) stated in the complaint;

12. State that the Complainant may bring a lawsuit in a court if the Complainant objects to a decision regarding cancellation or transfer of the Domain Name;

13. Include the following statement and the signature of the Complainant or its agent:

(1) "Complainant agrees that its claims and remedies concerning the Domain Name(s) shall be solely against the Registrant, and agrees to waive all such claims or remedies against the Provider, Panelists, Registrar, Registry Administrator, and related persons.";

(2) "Complainant certifies that the information contained in the complaint is to the best of Complainant's knowledge complete and accurate, and that this complain is not being presented for any improper purpose.";

14. [Annex] the documentary evidence upon which the Complainant relies.

Article 4 Delivery of the Complaint

The Provider shall ascertain whether the content of the complaint complies with the Policy and these Rules. If the complaint is in compliance, the Provider shall forward the complaint to the Registrant in accordance with Article 2, paragraph 1 within three (3) days of receiving payment from the Complainant of the fee provided in Article 19.

If the Provider finds that the complaint is not in compliance, it shall immediately notify the Complainant of the nature of the deficiencies. The Complainant shall make supplementations or corrections within five (5) days after receiving notification. If the Complainant fails to make supplementations or corrections within the above-stated period, the complaint shall be deemed withdrawn without prejudice to resubmission of the complaint by the Complainant.

The date of commencement of the resolution proceedings shall be the date on which the Provider delivers the complaint to the Complainant as provided in Article 2, paragraph 1.

The Provider shall immediately notify the Complainant, the Registrant, the Registrar, and the Registry Administrator of the date of commencement of the proceeding, in a written notice wherein the name, address, email address, telephone number and facsimile number of the Complainant, the Registrant and their attorneys shall be provided.

Article 5 The Response

Within twenty (20) Work Days of the date of commencement of the proceeding, the Registrant shall submit a response to the Provider.

The response shall specify the following particulars, and shall be submitted in hard copy and, except to the extent not available for annexes, in electronic form:

1. In the format set forth in the Provider's Supplemental Rules, the response or rebuttal to the statements and allegations contained in the complaint, and the Registrant's bases for retaining and using the disputed Domain Name;

2. The names, postal and e-mail addresses, and telephone and telefax numbers of the Registrant and its agent;

3. Specify the preferred method for communications: e-mail transmission or regular postal delivery; and specify relevant person(s) to be contacted, medium, and postal or e-mail address;

4. If the Complainant elects in the complaint for a single-member Panel under Article 3, paragraph 4, subparagraph 4, state [whether] the Registrant elects instead to have the dispute decided by a three-member Panel;

5. If either Party elects for a three-member Panel, the Registrant shall submit the names and contact details of three candidates to serve as [one of the] Panelists, drawn from the Provider's list of Panelists;

6. Identify any other legal proceedings in connection with the disputed Domain Name(s) stated in the complaint;

7. The signatures of the Registrant or its agent, and the following statement: "Registrant certifies that the information contained in the response is to the best of Registrant's knowledge complete and accurate, and that this response is not being presented for any improper purpose.";

8. [Annex] the documentary evidence upon which the Registrant relies.

If the Registrant has elected for a three-member Panel as provided in subparagraph 4 of the preceding paragraph, it shall pay the fee stated in Article 19 at the time it submits the response to the Provider. If the payment is not made, the dispute shall be handled by a single-member Panel.

At the request of the respondent, the Provider may, when necessary, extend the period of time for filing the response; provided, this limitation shall not apply in cases where the Complainant has given written approval.

The Provider shall forward the response to the Complainant within three (3) days after receiving it.

If a Registrant does not submit a response pursuant to regulations, in the absence of exceptional circumstances, the Panel shall decide the dispute based upon the complaint.

Article 6 Appointment of the Panel and Timing of Decision

Each Provider shall publish a list of Panelists and their qualifications.

If neither Party has elected for a three-member Panel under Article 3, paragraph 4, subparagraph 4 or Article 5, paragraph 2, subparagraph 4, the Provider shall appoint a Panel consisting of one Panelist within five (5) days of receiving the response or five (5) days of the lapse of the time period for submission of the response.

If either Party elects for a three-member Panel, the Provider shall appoint a Panel consisting of three Panelists in accordance with paragraph 5 of this Article.

If the Registrant, in its response, elects for a three-member Panel, the Complainant shall submit to the Provider, within five (5) days after the Provider has delivered the response to the Complainant, the names and contact details of three candidates to serve as Panelists drawn from the Provider's list of Panelists. The Provider shall appoint one of the three as a Panelist.

If either Party elects for a three-member Panel, the Provider shall appoint one Panelist from the list of [candidates] provided by each of the Parties. If the Provider is unable within five (5) Work Days to secure the appointment of a Panelist under ordinary circumstances from either Party's list of [candidates], the Provider shall make that appointment from its published list of Panelists.

The third Panelist shall be appointed by the Provider from a list of five (5) candidates submitted by the Provider to the Parties, the Provider's selection from among the five being made in a manner that balances the preferences of both Parties, as they may express to the Provider within five (5) days of the Providers' submission of the five-[candidate] list to the Parties.

Once the Panel is appointed, absent exceptional circumstances, the Provider shall notify the Parties and the Registry Administrator of the Panel appointed and the anticipated date it will render its decision.

Article 7 Impartiality and Independence

Panelists shall maintain impartiality and independence.

If, before a Panelist accepts appointment or during the resolution proceeding, there exists any circumstance that might affect the Panelist's impartiality and independence, the Panelist shall immediately disclose such circumstance to the Provider. In such event, the Provider shall appoint a substitute Panelist to continue with the proceeding.

Article 8 Communication Between Parties and the Panel

No Party or agent thereof may have any unilateral communication with the Panel. Communications between a Party and the Panel or the Provider shall be made through personnel appointed by the Provider.

Article 9 Transmission of Documents to the Panel

The Provider shall forward the relevant documents to the Panel as soon as the Panel has been fully appointed.

In the case of a Panel consisting of three Panelists, [the documents shall be forwarded] as soon as the last Panelist has been appointed.

Article 10 Powers of the Panel

The Panel shall conduct the resolution proceeding in an appropriate manner in accordance with the Policy and these Rules.

In all cases, the Panel shall ensure that the Parties are treated with equality, and that each Party is given a fair opportunity to present its case.

The Panel shall conduct the dispute resolution proceeding expeditiously. In exceptional cases, it may, at the request or a Party or by its own resolution, extend a period of time fixed by these Rules or by the Panel.

The Panel shall determine the credibility and weight of the evidence.

The Panel shall decide whether to accept a request by a Party to consolidate multiple Domain Name disputes in accordance with the Policy and these Rules.

Article 11 Language

Unless otherwise decided by the Panel, the language of resolution proceedings conducted pursuant to the Policy and these Rules shall be the Chinese language.

The Panel may require that any document relating to the proceedings in the preceding paragraph be translated in whole or in part into Chinese writing in complex characters.

Article 12 Further Statements

In addition to the complaint and response, the Panel may request, when it deems necessary, supplementary statements or documents from either of the Parties.

Article 13 Principle of Proceedings

Dispute resolution proceedings shall be conducted in writing, subject to the authority of the Panel to decide otherwise.

Article 14 Default

In the event that a Party, in the absence of exceptional circumstances, does not comply with any provision of, requirement under, or time period of, these Rules, or request of the Panel, the Panel may proceed directly to a decision or appropriate handling of the matter.

Article 15 Panel Decisions

A Panel shall decide a complaint on the basis of the statements and documents submitted by the Parties and in accordance with the Policy, these Rules, and the provisions of other applicable laws and regulations.

In the absence of exceptional circumstances, the Panel shall notify the Provider of the outcome of its decision within fourteen (14) Work Days of the day designated in Article 6.

In the case of a three-member Panel, the Panel's decision shall be made by a majority.

The Panel's decision shall be in writing, and shall include the decision itself, the reasoning on which it is based, the date on which it was rendered, and the names of the Panelists, and shall be signed by the Panelists.

Panel decisions and dissenting opinions shall comply with the format set forth in the Provider's Supplemental Rules. Any dissenting opinion shall be annexed to the Panel decision.

If the Panel concludes that the dispute is not within the scope of Article 5, paragraph 1 of the Policy or that the filing of the complaint constituted an abuse of the dispute resolution proceeding, the Panel shall expressly state this in its decision.

Article 16 Communication of Decision to Parties

If the Panel's decision is to cancel or transfer the Domain Name, the Provider shall communicate the full text of the decision to each Party and the Registry Administrator within three (3) days of receiving the Panel decision.

Article 17 Termination of the Dispute Resolution Proceeding

Before the Panel has rendered its decision, the Complainant may withdraw the complaint; provided, if the Registrant has already submitted its response, the Complainant shall obtain its consent [before doing so].

If before the Panel has made its decision the Parties agree on a settlement, the dispute resolution proceeding shall be terminated upon notice to the Provider.

If, before the Panel has made its decision, it deems it unnecessary or impossible to continue the resolution proceeding, the Panel may terminate the resolution proceeding, unless a Party raises an objection within a period of time [to be] determined by the Panel and the Panel accepts the objection.

Article 18 Effect of Litigation

In the event of any legal action entertained by a court prior to or during a dispute resolution proceeding in respect of the same dispute, the Panel may at its discretion suspend, terminate, or proceed with the complaint proceeding.

The Parties shall promptly notify the Provider of the fact of any legal action entertained by a court in respect of the dispute, and shall notify the Panel in accordance with Article 8.

Article 19 Fees

The Complainant shall pay the Provider the fee within the time prescribed in the Provider's Supplemental Rules.

If the Complainant elects for a one-member Panel but the Registrant elects for a three-member Panel under the provisions of Article 5, paragraph 2, subparagraph 4 of these Rules, the Registrant shall pay one-half the required fee to the Provider.

In all cases other than that in the preceding paragraph, the Complainant shall bear all of the dispute resolution fees.

Upon appointment of the Panel, the Provider may charge the Complainant additional fees or refund a portion of the fees as specified in the Supplemental Rules.

The Provider shall not carry out the dispute resolution proceeding until the Complainant has paid the fee in paragraph 1.

If the Complainant has not paid the fee to the Provider within ten (10) days after the Provider receives the complaint, the complaint shall be deemed withdrawn and the complaint proceeding terminated.

If the Panel deems it necessary to conduct oral hearings or other proceedings, the Panel shall charge the Parties for fees so incurred after obtaining the Parties' consent.

Article 20 Exclusion of Liability

Except in the case of deliberate unlawful acts, neither the Provider nor the Panel shall be liable in any way to either Party for any act or omission under the Policy and these Rules.

Article 21 Supplemental Rules

Providers shall prescribe Supplemental Rules to supplement the provisions of these Rules and publish them on a public web site. The content shall include all fees, formats of complaints and responses, means of contacting the Provider and Panels, formats of other documents, and so forth.

The Supplemental Rules in the preceding paragraph may not contradict the Policy or these Rules.

Article 22 Amendments

The Registry Administrator may amend these Rules at any time; provided, the [amendments] shall be published on the Registry Administrator's web site thirty (30) days prior to their effective date.

If these Rules are amended during a resolution proceeding, the pre-amendment version shall continue to apply to such proceeding.


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