EN 繁 简

Domain Name Dispute Resolution

banner
  • Resolving "hk" domain name disputes
  • Guide for the Parties
  • Supplemental Rules
  • Fees
  • Panelists
  • Decisions

通過eBRAM的ODR平台解決.hk域名爭議 — 快捷高效的域名爭議解決方案

解決.hk域名爭議不應該意味著漫長的時間延誤或昂貴的程序。在 eBRAM，我們的人工智能驅動的在線爭議解決（ODR）平台為香港的數字環境提供了一個簡化、安全和專家驅動的解決方案。

為何選擇 eBRAM？

  • ✅ 速度與效率：
    將解決時間從幾個月縮短至幾周。我們的自動化工作流程和案件管理可確保迅速的程序。
  • ✅ 成本效益高：
    節省差旅費、法律費用和管理費用。eBRAM 採用數字為先的方法，在不影響質量的前提下降低開支。
  • ✅ 本地專長，全球標準：
    我們的認證專家小組專長於域名爭議，確保做出的決定既符合法律規定，又符合商業實際。
  • ✅ 隨時隨地，無障礙提供服務：
    遠程提交索賠申請、證據或出席聽證會。

專為香港的數字未來而設計

作為一家值得信賴的.hk 爭議網上解決機構 ，eBRAM將尖端技術與深刻的區域洞察力相結合。無論您是保護自己品牌的企業，還是維護自己權利的個人，我們都能為您提供快速、公平、可執行的解決方案。

 

Guide for the Parties

Introduction

This guide provides an overview of the application process, requirements, and steps involved in resolving domain name disputes through eBRAM International Online Dispute Resolution Centre's (eBRAM) Domain Name Dispute Resolution (DNDR) service.

1. DNDR is a dispute resolution method available to resolve disputes brought or commenced by a third party (Complainant) alleging a wrongful registration of a domain name against a domain name owner (Respondent). The process is available by virtue of various DNDR policies adopted by registrars in registration agreements with the domain name owner (also known as the registrant).

2. The registration agreements typically provide that a Complainant may seek remedies under a DNDR policy in respect of a domain name. The Complainant may commence proceedings under the relevant policy before a DNDR service provider that provides services under that policy according to procedural rules it has promulgated. The DNDR service provider typically appoints a sole panelist who considers the positions of the Complainant and the Respondent to determine the outcome of the dispute.

3. The relevant policy also sets out the grounds a Complainant must satisfy to obtain a remedy. These are typically that:

  1. the domain name registered by the Respondent is identical or similar to the Complainant's trademark or service mark in which the Complainant has rights;
  2. the Respondent has no rights or legitimate interest in respect of the domain name; and
  3. the domain name has been registered and is being used in bad faith.

4. The remedies that a Complainant may seek under most policies are:

  1. the transfer of the disputed domain name from the Respondent to the Complainant; or
  2. cancellation of the disputed domain name. In the case of a successful complaint, the panelist will issue a decision which will be implemented by the relevant registrar.

5. DNDR is conducted online. The proceedings are not influenced by the location of the registrar, the Respondent, the Complainant, or the DNDR service provider. The process is relatively cost-effective, flexible, and swift and often results in an effective remedy for Complainants. The outcome of the process is, however, not final in the sense that rightful ownership over the domain name may still be litigated in court proceedings after a panelist has issued his or her decision.

6. eBRAM is a DNDR service provider. It provides services under a range of DNDR policies, as set out below.

Domain Name Dispute Resolution (DNDR) Services at eBRAM

7. eBRAM provides DNDR services concerning "hk" and "香港" domains under the Hong Kong Domain Name Dispute Resolution Policy (HKDRP) published by the Hong Kong Internet Registration Corporation Limited (HKIRC). eBRAM provides its services under the DNDRP as one of the DNDR institutions approved by HKIRC.

Administration of disputes arising out of the HKDRP

8. The Hong Kong Internet Registration Corporation Limited (HKIRC) approved the Hong Kong Domain Name Dispute Resolution Policy (HKDRP), HKDRP Rules of Procedure (HKDRP Rules), and eBRAM Supplemental Rules under the HKDRP (eBRAM Supplemental Rules) on [date]. The HKDRP, HKDRP Rules and eBRAM Supplemental Rules govern disputes arising out of .hk and .香港 domains.

9. To succeed under the HKDRP, the Complainant must show that:

  1. the Respondent's domain name is identical or confusingly similar to a trademark or service mark in Hong Kong in which the Complainant has rights;
  2. the Respondent has no right or legitimate interests in respect of the domain name;
  3. the Respondent's domain name has been registered and is being used in bad faith;
  4. if the domain name is registered by an individual person, the Respondent does not meet the registration requirements for that individual category of domain name.

Complaint submission

10. The complainant must submit a complaint form via email or the eBRAM ODR platform, providing details of the disputed domain name, the trademark/service mark, and evidence of ownership. The complaint form specific to the HKDRP, available on the eBRAM ODR platform and www.ebram.org, must be used to file the response. Upon receipt of a complaint, eBRAM will request that the registrar lock the domain name and confirm the registration details of the domain name and the contact details of the Respondent. eBRAM will then conduct a compliance review and notify the Complainant if there are any deficiencies in the complaint that need to be rectified. The Complainant must rectify the deficiencies within five (5) business days.

Response

11. Respondents are given a period of fifteen (15) business days to submit a response to eBRAM via email or the eBRAM ODR platform. The response form specific to the HKDRP, available on the eBRAM ODR platform and www.ebram.org, must be used to file the response. Upon submission, eBRAM will review the complaint to ensure it meets the eligibility criteria and procedural requirements. The respondent (domain name holder) will be notified of the complaint and given an opportunity to respond. A neutral and independent panel of experts will be appointed to review the case and make a decision. The panel will issue a decision based on the evidence and arguments presented by both parties. The decision may result in the transfer, cancellation, or suspension of the disputed domain name.

Appointment of panel

12. If a single-member panel is to be appointed, the eBRAM shall within twenty (20) business days from the commencement of the proceeding, appoint a panelist.

13. If a three-member panel is to be appointed, each party will be invited to put forward three candidates to act as a co-panelist. The candidates for co-panelists must be drawn from the eBRAM DNDR Panel. eBRAM will make the appointments within twenty (20) business days from the commencement of the proceeding from the lists provided. The presiding panelist will be appointed by eBRAM through a listing mechanism. Five candidates will be provided to the parties. The parties will be asked to rank the candidates in order of preference. The candidate who is mutually ranked the highest by the parties will be appointed as the presiding panelist. Where there is a tie, eBRAM will appoint the candidate.

Issuing and implementing the decision

14. The panel shall render a draft decision to eBRAM within ten (10) business days upon its appointment. eBRAM shall assist the panel to finalise its decision. eBRAM shall within three (3) business days of receipt of the final decision notify the parties, the registrar, and HKIRC of the decision as well as publish the decision on eBRAM's website (www.ebram.org). The registrar will implement the decision after ten (10) business days. If a registrar does not implement the decision, without a reason acceptable to HKIRC, the HKIRC shall execute the decision.

Additional distinguishing features

15. While some of the procedures under the HKDRP are similar to those of the UDRP and CNDRP, certain additional distinguishing features of the HKDRP are highlighted below.

16. Mandatory arbitration: Filing a complaint under the HKDRP is considered as initiating a mandatory arbitration proceeding against the other party. Therefore, the proceeding is governed by the Hong Kong Arbitration Ordinance (Cap. 609) (HKAO). As a result, a decision rendered under the HKDRP is considered an arbitral award rendered in Hong Kong under the HKAO (including for the purposes of enforcement under the 1958 New York Convention). Importantly, this means that the decision is not subject to appeal in court. This is an important difference to decisions made under the Uniform Domain Name Dispute Resolution Policy and the China Network Information Centre Dispute Resolution Policy.

17. Domain names in pairs: According to Article 6 of the Domain Name Registration Policies, Procedures and Guidelines of .hk and .香港 domain names (Registration Policies) effective from 15 July 2020, the same registrant can choose to bundle its "hk" and "香港" domain names if the second-level domain name is the same. A bundled domain name will be treated as one domain name for the purposes of transfer and renewal. Therefore, although paragraph 3(c) of the HKDRP Rules only allows the complaint to relate to one domain name, where a domain name is held as a pair, it will be handled in a single proceeding.

18. Additional eligibility requirement for individual registrant - If the domain name is registered by an individual person, the domain name registered must be the registrant's own individual name, which can be either their legal name, or a name by which the registrant is commonly known.

19. Language of the arbitration proceedings - The language of the arbitration proceedings shall be in English for English language .hk domain names, and Chinese for Chinese language .hk domain names or .香港 domain names. The language is subject to any agreement otherwise between the parties or as otherwise determined by the panel.

eBRAM's domain dame dispute resolution panel

20. eBRAM maintains a panel of individuals qualified to serve as domain name dispute resolution panelists (eBRAM's Panel of Domain Name Dispute Resolution). eBRAM will appoint panelists from this panel for domain name disputes arising out of the HKDRP.

21. A candidate who wishes to be considered for inclusion on the eBRAM's Panel of Domain Name Dispute Resolution must demonstrate to the eBRAM Appointments Committee the following:

  1. at least five years' experience in IP or technology law;
  2. at least three years' experience resolving domain name disputes;
  3. relevant experience acting as an arbitrator, adjudicator and/or serving in other relevant adjudicative roles;
  4. other relevant expertise.

Panelist conflicts of interest

22. In the appointment process, eBRAM requests candidates to disclose any potential conflicts of interest before accepting an appointment. Specifically, candidates are asked to declare to the parties and eBRAM any circumstances which are likely to create an impression of bias or prevent a prompt resolution of the dispute between the parties. Once appointed, the panelist has an ongoing obligation to declare any such circumstances for the duration of the appointment.

Re-filing a complaint

23. A re-filed case involves the Complainant submitting a second complaint involving the same domain name and the same Respondent where an earlier complaint was denied or otherwise withdrawn. It is generally accepted that a re-filed case in which a final decision has been rendered may only be accepted in limited circumstances. Such discretion as referred to by panels includes widely accepted legal principles such as res judicata (the preclusion of identical claims from being litigated when they have already been decided with finality) intended to prevent Complainants imposing on Respondents the burden of responding to repetitious complaints.

Identity of respondent

25. After the General Data Protection Regulation (GDPR) came into effect on 25 May 2018, some registrars blocked out the personal data of the registrant. In some cases, the WHOIS information of registrants is protected by privacy or proxy registration service. The details of those registrants are not disclosed to the public. Therefore, the Complainant may have difficulties in identifying the identity of the Respondent when filing the complaint. The Complainant can, however, submit the complaint with the named registrant listed in the WHOIS register.

26. Upon receipt of the complaint, eBRAM will verify the identity of the registrant with the registrar. eBRAM will provide any disclosed underlying registrant information to the Complainant and invite the Complainant to amend the corresponding parts of the complaint as necessary.

27. In all cases involving a privacy or proxy service, the panel retains the discretion to record only the underlying registrant as the named Respondent, or both the privacy or proxy service and any underlying registrant as the named Respondent depending on the evidence and circumstances of the case.

No response

28. It is common for Respondents not to participate in DNDR proceedings. In DNDR proceedings, a Respondent's failure to respond does not prevent the case from proceeding, nor does it automatically result in a decision in favour of the Complainant. Panels may find that a Complainant has failed to prove the claims despite the Respondent being in default if unsupported allegations have been advanced by a Complainant. Respondent's failure to respond does not mean that the Complainant's claims are accepted. There are cases in which complaints have been based on wholly unsupported assertions where the decisions were made in the Respondent's favour without the Respondent responding to the complaint.

Language of proceedings

24. In cases where the language of the registration agreement is different from the language of the complaint, eBRAM will send bi-lingual correspondence to the parties where possible prior to the panel being appointed. The panel will then determine the language of the proceedings.

25. The factors panelists take into account before reaching decisions as to what language is to be used include but are not limited to:

  1. the Respondent's familiarity with the Complainant's language demonstrated by (a) the content of the website and the language used in the website to which the disputed domain name is resolved and (b) the correspondence between the Complainant and the Respondent;
  2. the intended market of the advertised goods on the website to which the disputed domain name is resolved;
  3. the predominant language used in the Respondent's country or territory;
  4. the language of evidence submitted by parties;
  5. the time and cost efficiency of arranging translations.

Procedural orders

26. The panel may request, in its sole discretion, further statements or documents from either of the parties". This power is usually exercised by issuing a procedural order. Procedural orders can be used to address a range of matters, including requesting the submission of supplemental evidence, granting a party's request to extend a deadline, and granting a party's request to change the language of the proceeding.

Appeal

27. HKDRP proceedings are deemed as arbitration proceedings under the HKAO. Under the HKDRP, the decision of the Panel is final and binding and considered to be an arbitration award under the HKAO. A losing party cannot commence court litigation against or challenge the arbitration award in the Hong Kong courts except in very limited circumstances.

Expiry of domain name

28. The lock placed on a disputed domain name by a registrar prohibits unauthorised changes to the domain name during the proceeding and for a period of fifteen (15) business days after the proceeding is concluded. However, the lock does not prevent a disputed domain name from expiring during a proceeding. When a domain name expires shortly after a complaint is filed, eBRAM will remind the parties that it is the sole responsibility of the parties to maintain the status of the domain name, including by seeking the renewal and/or restoration of the domain name.

29. In order to facilitate resolution of disputes during this period, ICANN has incorporated the Expired Domain Deletion Policy (EDDP) into the registrar accreditation agreement applicable to all generic top-level domains (gTLD) registrations. The EDDP allows the Complainant to renew or restore the disputed domain name during the redemption grace period in the event that the disputed domain name expires during the course of the dispute. This is in addition to the registrant's (i.e. the Respondent's) right to do the same during the redemption grace period. Where the Complainant restores or renews the domain name during this period, the Respondent will once again be the registered owner of the domain name, effectively restoring the position prior to expiry. Also, registrars accept either of the parties renewing the domain name during the renewal period which is the period before the start of the redemption grace period. As such, if either party takes action to renew or restore the domain name, eBRAM will proceed to administer the case. If neither party takes the necessary action, the case will be withdrawn at the time the registry deletes the domain name.

Fees

  1. The applicable fees (fixed) for each domain name arbitration procedure are as follows:
    2. Panelist Fees
    (HK$)    		 eBRAM Administrative Fees
    (HK$)    		 Total Fees
    (HK$)
    Single-Member Panel 5,000 4,000 9,000
    Three-Member Panel 15,000 4,000 19,000
  2. If there are any deficiencies in the Complaint, an additional charge of HK$1,600 shall be paid by the Complainant and shall accompany the submission of the correction of such deficiencies.
  3. Fees to be paid to eBRAM in accordance with these eBRAM Supplemental Rules shall be paid free of any bank charges, transfer fees or any withholdings in Hong Kong Dollars (HK$) only by cheque payable to "eBRAM International Online Dispute Resolution Centre Limited" or by bank transfer to the following account:
    Account No: 004-741-176978-838
    Account Name: eBRAM International Online Dispute Resolution Centre Limited
    Bank:
    The Hongkong & Shanghai Banking Corporation Limited
    1 Queen's Road Central, Hong Kong
    Swift Code: HSBC HK HHH KH
  4. The Complainant shall be responsible for paying all the fees, unless the Respondent has chosen to have the Complaint decided by three (3) Panelists whereas the Complainant has chosen to have the Complaint decided by one Panelist.
  5. Notwithstanding the foregoing, additional fees may be required in the circumstances described in Paragraph 18(d) of the Rules of Procedures.
  6. The fees to be paid to eBRAM do not include any payments, which a Party might have to be made to a lawyer or representative representing such party. Such fees are purely a matter for each party.
  7. In the event that the Complainant voluntarily withdraws the Complaint prior to the appointment of the Panelist, or the Complaint is dismissed by eBRAM due to an administrative deficiency, eBRAM may, at its sole discretion, refund the fees or a portion of the fees to the Complainant.

Supplemental Rules

Article 1: Definitions

  1. "eBRAM" means the eBRAM International Online Dispute Resolution Centre Limited.
  2. "HKIRC" means the Hong Kong Internet Registration Corporation Limited.
  3. "Rules of Procedures" means the HKIRC Domain Name Dispute Resolution Policy Rules of Procedures, adopted on July 15, 2020.
  4. "Dispute Resolution Policy" means the HKIRC Domain Name Dispute Resolution Policy, approved on February 22, 2011.
  5. "Domain Name Dispute Resolution Panel" means the arbitration panel appointed by eBRAM to decide a Complaint concerning a domain name registration.
  6. "eBRAM Supplemental Rules" refer to the rules adopted by eBRAM to manage complaints and arbitration processes in accordance with the Dispute Resolution Policy and Rules of Procedures, and to augment them as needed.
  7. "eBRAM Platform" means a multi-purpose hub for resolving disputes online which uses the online dispute resolution software to be adopted and revised by eBRAM from time to time and which may be accessed at www.ebram.org.
  8. Unless otherwise specified, terminology defined in the Dispute Resolution Policy and the Rules of Procedures shall apply to these eBRAM Supplemental Rules.

Article 2: Scope

  1. These eBRAM Supplemental Rules shall be read and applied in conjunction with the Dispute Resolution Policy and the Rules of Procedures.
  2. The Dispute Resolution Policy, the Rules of Procedures and the eBRAM Supplemental Rules shall apply to any .hk and ".香港" domain name dispute with which a Complaint has been submitted to eBRAM.

Article 3. Communications Between Parties and eBRAM

  1. Unless otherwise agreed in advance with eBRAM, any submission that may or is required to be made to eBRAM pursuant to the Dispute Resolution Policy, the Rules of Procedures and these eBRAM Supplemental Rules may be submitted electronically over the Internet, providing a record of transmission is available:
    1. via the email address case@ebram.org;
    2. electronically via the eBRAM Platform.
  2. eBRAM shall maintain a record of all communications received or required to be made under the Dispute Resolution Policy, Rules of Procedures and these eBRAM Supplemental Rules for a period of one (1) year from the date of commencement of the arbitration proceeding. Thereafter, all the above records may be destroyed by eBRAM at its sole discretion.

Article 4. Communications Between Parties, eBRAM and the Domain Name Dispute Resolution Panel

  1. Where a Party intends to send any communication to a Domain Name Dispute Resolution Panel, a copy shall be sent to eBRAM, via the email address case@ebram.org, or electronically via the eBRAM Platform.
  2. Where a Party sends any communication to eBRAM, it shall at the same time send a copy to the other Party via one of the means stipulated under Article 3(1) above.
  3. Any communication between the Parties, eBRAM and the Domain Name Dispute Resolution Panel, shall be conducted via the email address case@ebram.org or via the eBRAM ODR Platform. Any communication by email or via the eBRAM ODR Platform shall be deemed to be received on the same day as it is transmitted.

Article 5. The Complaint

  1. A Complainant who has selected eBRAM as the Provider shall submit its Complaint using the eBRAM Platform or via email.
  2. The Complainant shall provide a copy of the Complaint to HKIRC, at the same time as it submits its Complaint to eBRAM.
  3. In accordance with Paragraphs 4(a) and 18 of the Rules of Procedures, eBRAM shall forward the Complaint to the Respondent within three (3) business days following receipt of the initial fee by the Complainant, or three (3) business days after the Complainant has rectified the deficiencies in the Complaint, if any, whichever is later.
  4. The arbitration proceeding in respect of a Complaint shall be deemed to have commenced on the date when eBRAM forwards the Complaint to the Respondent.

Article 6. Compliance Review

  1. eBRAM shall, within three (3) business days of receiving the fees in connection with a Complaint, examine the Complaint for compliance with the Dispute Resolution Policy, the Rules of Procedures and these eBRAM Supplemental Rules and shall notify the Complainant of any deficiencies, if any, therein.
  2. The Complainant shall remedy any deficiencies identified by eBRAM within five (5) business days of the receipt of the notification of deficiencies, failing which the arbitration proceedings will be deemed withdrawn in accordance with Paragraph 4(b) of the Rules of Procedures.

Article 7. The Response

  1. Within fifteen (15) business days from the date of commencement of the arbitration proceeding the Respondent shall submit a Response to eBRAM.
  2. The Respondent shall provide a copy of the Response to the Complainant at the same time as it makes its submission to eBRAM.

Article 8. Procedures for the Appointment of Panelists

  1. eBRAM shall maintain and publish on its website (http://www.eBRAM.org) a list of Panelist and their qualifications. For arbitration proceedings conducted under the Dispute Resolution Policy, the Rules of Procedures and these eBRAM Supplemental Rules, eBRAM shall appoint suitable persons from its list of Panelists, having regard to:-
    1. the nature of the dispute;
    2. the availability of the Panelist(s);
    3. the identity of the Parties;
    4. the independence and impartiality of the Panelist(s);
    5. any stipulation in the relevant Registration Agreement;
    6. any suggestions made by the Parties in accordance with Paragraph 6 of the Rules of Procedures.
  2. Where the Complainant has initially requested a three-member Domain Name Dispute Resolution Panel and no Response was submitted by the Respondent in accordance with Paragraph 5(a) of the Rules of Procedures, the Complainant shall be given the option of converting the three member Domain Name Dispute Resolution Panel to a single Panelist, within seven (7) business days of being notified by eBRAM of no response by the Respondent, failing which a three member Domain Name Dispute Resolution Panel shall be constituted.
  3. Where the Complainant requests a three-member Domain Name Dispute Resolution Panel and the Respondent requests a single member Domain Name Dispute Resolution Panel, or vice-versa, eBRAM shall appoint a three-member panel. eBRAM shall endeavour to appoint one of the members nominated by the Complainant, one of the members nominated by the Respondent, and the last member from the list of Panelists.
  4. If a single Panelist is appointed, eBRAM shall repay the Complainant the relevant amount paid pursuant to Article 14 less eBRAM administrative fee in accordance with these eBRAM Supplemental Rules.
  5. eBRAM shall notify the Parties of the appointment of the Panelist(s) within twenty (20) business days from the date of commencement date of the arbitration proceeding.

Article 9. Impartiality and Independence

  1. A Panelist shall be and remain at all times wholly independent and impartial and shall not act as advocate for any Party during the proceedings.
  2. Prior to appointment, any proposed Panelist, and after appointment, a Panelist, shall promptly declare in writing to the Parties and eBRAM any circumstances which could give rise to justifiable doubt as to the Panelist's impartiality or independence or prevent a prompt resolution of the dispute between the Parties. If, at any stage during the arbitration proceeding, new circumstances arise which could give rise to justifiable doubt as to the impartiality or independence of a Panelist, that Panelist shall promptly disclose such circumstances to the Parties and eBRAM.
  3. After a Panelist has been appointed, but before rendering a decision, the Panelist dies, is unable to act, or refuses to act, eBRAM shall, upon written request by either Party, appoint a replacement Panelist from eBRAM 's list of Panelists.
  4. A Party may challenge a Panelist's impartiality or independence by filing a written request to eBRAM within five (5) business days of the date of receipt of the notice of appointment of the Panelist in question, stating the circumstances likely to give rise to justifiable doubt as to the relevant Panelist's impartiality or independence, together with specific reasons therefore. eBRAM, in its sole discretion, shall decide whether such doubts are justified, and if eBRAM so finds, eBRAM shall remove the Panelist against whom the challenge was made and replace such Panelist with another Panelist from eBRAM 's list of Panelists.

Article 10. Domain Name Dispute Resolution Panel Decisions

  1. The Domain Name Dispute Resolution Panel shall make its decision in writing and shall state the reasons upon which the decision is based.
  2. The Domain Name Dispute Resolution Panel shall forward its decision in draft form to eBRAM within ten (10) business days of its appointment unless an extension has been agreed by eBRAM.
  3. eBRAM shall within three (3) business days of its receipt of a final decision from a Domain Name Dispute Resolution Panel forward copies of the decision to the Parties and HKIRC.

Article 11. Correction of Domain Name Dispute Resolution Panel Decisions

  1. Within seven (7) business days from the receipt of a Domain Name Dispute Resolution Panel, a Party may by written notice to eBRAM, the other Party, the Domain Name Dispute Resolution Panel, the Registrar(s) and the HKIRC, request the Domain Name Dispute Resolution Panel to correct in the decision any errors in computation, any clerical or typographical errors or any errors of a similar nature. To the extent to which the Domain Name Dispute Resolution Panel believes such corrections are justified, it shall make such corrections in writing and shall forward to the Parties with copies to eBRAM and the HKIRC within three (3) business days of a request and such corrections shall become part of the Domain Name Dispute Resolution Panel's decision.
  2. A Domain Name Dispute Resolution Panel may on its own initiative within seven (7) business days of the date a decision is rendered make corrections of the type referred to in Article 11(1) above and shall forward copies of such corrections to eBRAM and HKIRC within such seven (7) business days. Such corrections shall become part of the Domain Name Dispute Resolution Panel's decision.
  3. Within seven (7) business days after receipt of the decision, either party, with notice to all other parties, may request the Domain Name Dispute Resolution Panel to make an additional decision as to claims presented in the Complaint but omitted from the decision. The Domain Name Dispute Resolution Panel may set a time limit, normally not exceeding seven (7) business days, for all other parties to comment on such request.
  4. If the Domain Name Dispute Resolution Panel considers the request for an additional decision to be justified, it shall make the additional decision within fourteen (14) business days after the receipt of the request but may extend such time limit if necessary.
  5. A Domain Name Dispute Resolution Panel may on its own initiative within seven (7) business days of the date a decision is rendered issue an additional decision as to claims presented in the Complaint but omitted from the decision and shall forward copies of such additional decision to eBRAM and HKIRC within such seven (7) business days. Such additional award shall become part of the Domain Name Dispute Resolution Panel's decision.

Article 12. Publication of Decision

eBRAM shall submit the decision of a Domain Name Dispute Resolution Panel to the Parties, and the HKIRC as required by the Dispute Resolution Policy and the Rules of Procedures. Unless the Panel determines otherwise, eBRAM shall publish the full decision on eBRAM 's website at www.ebram.org.

Article 13. Limits on Description of Written Statements

  1. In accordance with Paragraph 3(b)(ix) of the Rules of Procedures in regards to the description of the grounds on which the Complaint is made and Paragraph 5(b)(i) of the Rules of Procedures in respect to the description of the grounds on which the Response is made, the maximum word limit shall be 3,000 words.
  2. In accordance with Paragraph 15(e) of the Rules of Procedures, there shall be no set word limits for a decision of a Domain Name Dispute Resolution Panel.

Article 14. Fees (Hong Kong Dollars)

  1. The applicable fees (fixed) for each domain name arbitration procedure are as follows:
    2. Panelist Fees
    (HK$)    		 eBRAM Administrative Fees
    (HK$)    		 Total Fees
    (HK$)
    Single-Member Panel 5,000 4,000 9,000
    Three-Member Panel 15,000 4,000 19,000
  2. If there are any deficiencies in the Complaint, an additional charge of HK$1,600 shall be paid by the Complainant and shall accompany the submission of the correction of such deficiencies.
  3. Fees to be paid to eBRAM in accordance with these eBRAM Supplemental Rules shall be paid free of any bank charges, transfer fees or any withholdings in Hong Kong Dollars (HK$) only by cheque payable to "eBRAM International Online Dispute Resolution Centre Limited" or by bank transfer to the following account:
    Account No: 004-741-176978-838
    Account Name: eBRAM International Online Dispute Resolution Centre Limited
    Bank:
    The Hongkong & Shanghai Banking Corporation Limited
    1 Queen's Road Central, Hong Kong
    Swift Code: HSBC HK HHH KH
  4. The Complainant shall be responsible for paying all the fees, unless the Respondent has chosen to have the Complaint decided by three (3) Panelists whereas the Complainant has chosen to have the Complaint decided by one Panelist.
    Notwithstanding the foregoing, additional fees may be required in the circumstances described in Paragraph 18(d) of the Rules of Procedures.
  5. The fees to be paid to eBRAM do not include any payments, which a Party might have to be made to a lawyer or representative representing such party. Such fees are purely a matter for each party.
  6. In the event that the Complainant voluntarily withdraws the Complaint prior to the appointment of the Panelist, or the Complaint is dismissed by eBRAM due to an administrative deficiency, eBRAM may, at its sole discretion, refund the fees or a portion of the fees to the Complainant.

Article 15. Exclusion of Liability

  1. Without prejudice to any existing rule of law, no Panelist shall be liable to any Party or HKIRC for any act or omission in connection with the arbitration proceedings conducted under the Dispute Resolution Policy, the Rules of Procedures and these eBRAM Supplemental Rules, save in the case of fraud or dishonesty or deliberate wrongdoing.
  2. Without prejudice to any existing rule of law, neither eBRAM nor its Board of Directors, staff, employees, advisors, agents, or any person or body duly designated in writing by eBRAM to perform any functions under or in relation to the eBRAM Supplemental Rules shall be liable to any Party or HKIRC for any act or omission in connection with any arbitration proceeding conducted under the Dispute Resolution Policy, the Rules of Procedures and the eBRAM Supplemental Rules, save in the case of fraud or dishonesty or deliberate wrongdoing.

Article 16. Miscellaneous

  1. Words importing the singular number only shall include the plural and the converse shall also apply.
  2. Words importing the masculine gender shall include the feminine gender and the converse shall also apply.

Article 17. Amendments

Subject to the Dispute Resolution Policy and the Rules of Procedures, eBRAM may amend these eBRAM Supplemental Rules from time to time at its sole discretion.

Panelists

Content for the Panelists section is pending and will be provided in due course.

Decisions