|
Administrative proceedings for the resolution of disputes
under the Singapore Domain Name Dispute Resolution Policy
shall be governed by these Rules and also by the
Supplemental Rules for the Singapore Domain Name Dispute
Resolution Policy issued jointly by the Singapore Mediation
Centre and the Singapore International Arbitration Centre as
the joint operators of the secretariat established to
provide the administrative dispute resolution service under
the Policy.
1. Definitions
In these Rules: Complainant means the party
initiating a complaint concerning a domain name
registration. Panel means an
administrative panel appointed by the Provider to decide
a complaint concerning a domain name registration. Panellist means an individual appointed by the Provider
to be a member of a Panel. Party means
a Complainant or a Respondent. Policy
means the Singapore Domain Name Dispute Resolution
Policy that is incorporated by reference and made a part
of the Registration Agreement. Provider means the secretariat established and operated
by the Singapore Mediation Centre and the Singapore
International Arbitration Centre to provide the
administrative dispute resolution service under the
Policy. Registration Agreement means
the Domain Name Registration Agreement between SGNIC and
the registrant or domain name holder of a ".sg" domain
name. Respondent means the
registration or holder of a domain name registration
against when a complaint is initiated. Reverse Domain Name Hijacking means using the Policy in
bad faith to attempt to deprive a registered domain name
holder of a domain name. SGNIC refers
to Singapore Network Information Centre (SGNIC) Private
Limited. Supplemental Rules means the
Supplemental Rules for the Singapore Domain Name Dispute
Resolution Policy issued jointly by the Singapore
Mediation Centre and the Singapore International
Arbitration Centre to supplement these Rules. The
Supplemental Rules shall not be inconsistent with the
Policy or these Rules and shall cover such topics as
fees, word and page limits and guidelines, the means for
communicating with the Provider and the Panel, and the
form of cover sheets. Working day
means any day other than a Saturday, Sunday or public
holiday. 2. Communications
(a) When forwarding a complaint to
the Respondent, it shall be the Provider's
responsibility to employ reasonably available means
calculated to achieve actual notice to Respondent.
Achieving actual notice, or employing the following
measures to do so, shall discharge this responsibility:
(i) sending the complaint to all
postal, mail and facsimile addresses:
(A) shown in the domain
name's registration data in SGNIC's Online Whois
database for the registered domain name holder,
the technical contact and the administrative
contact; and
(B) supplied by
SGNIC to the Provider for the registration's
billing contact; (ii) sending the complaint in
electronic form (including annexes to the extent
available in that form) by e-mail to: (A) the e-mail addresses for
those technical, administrative and billing
contacts; (B) postmaster@<the
contested domain name>; and (C) if the domain name (or "www." followed by
the domain name) resolves to an active webpage
(other than a generic page the Provider
concludes is maintained by SGNIC or an ISP for
parking domain names registered by multiple
domain name holders), any e-mail address shown
or e-mail links on that web page; and (iii) sending the complaint to
any address the Respondent has notified the Provider
it prefers and, to the extent practicable, to all
other addresses provided to the Provider by the
Complainant under Paragraph 3(b)(v). (b) Except as provided in Paragraph
2(a), any written communication to the Complainant or
the Respondent provided for under these Rules shall be
made by preferred means stated by the Complainant or the
Respondent respectively (see Paragraphs 3(b)(iii) and
5(b)(iii)), or in the absence of such specification: (i) by facsimile transmission,
with a confirmation of transmission; (ii) by postal or courier service, postage pre-paid
and return receipt requested; or (iii) electronically via the Internet, provided a
record of its transmission is available. (c) Any communication to the Provider
or the Panel shall be made by the means and in the
manner (including number of copies) stated in the
Supplemental Rules. (d) Communications
shall be made in the English language. E-mail
communications should, if practicable, be sent in plain
text. (e) Either Party may update its
contact details by notifying the Provider and SGNIC. (f) Except as otherwise provided in these Rules, or
decided by a Panel, all communications provided for
under these Rules shall be deemed to have been made: (i) if delivered by facsimile
transmission, on the date shown on the communication
of transmission; (ii) if by postal
or courier service, on the date marked on the
receipt; or (iii) if via the
Internet, on the date that the communication was
transmitted, provided that the date of transmission
is verifiable. (g) Except as otherwise provided in
these Rules, all time periods calculated under these
Rules to begin when a communication is made shall begin
to run on the earliest date that the communication is
deemed to have been made in accordance with Paragraph
2(f). (h) Except as provided for in
Paragraph 8(b), any communication by:
(i) a Panel to any Party shall be
copied to the Provider and to the other Party; (ii) the Provider to any Party shall be copied to
the other Party; and (iii) a Party
shall be copied to the other Party, the Panel and
the Provider, as the case may be. (i) It shall be the responsibility of
the sender to retain records of the fact and
circumstances of sending, which shall be available for
inspection by affected parties and for reporting
purposes. (j) In the event a Party
sending a communication receives notification of
non-delivery of the communication, the Party shall
promptly notify the Panel (or if no Panel is yet
appointed, the Provider) of the circumstances of
notification. Further proceedings concerning the
communication and any response shall be as directed by
the Panel (or the Provider). 3. The Complaint (a) Any person or entity may initiate
an administrative proceeding by submitting a complaint
in accordance with the Policy and these Rules to the
Provider. The Complainant shall, at the same time, send
or transmit to the Respondent in accordance with
Paragraph 2(b) a copy each of the complaint and cover
sheet as prescribed by the Supplemental Rules. (b) The complaint shall be submitted in hard copy and
(except to the extent not available for annexes) in
electronic form and shall: (i) Request that the complaint be
submitted for decision in accordance with the Policy
and these Rules; (ii) Provide the
name, postal and e-mail addresses, and the telephone
and telefax numbers of the Complainant and of any
representative authorized to act for the Complainant
in the administrative proceeding; (iii) Specify a preferred method for communications
directed to the Complainant in the administrative
proceeding (including person to be contacted,
medium, and address information) for each of: (A) electronic-only material;
and (B) material including
hard copy; (iv) Designate whether the
Complainant elects to have the dispute decided by a
single-member or a three-member Panel and, in the
event the Complainant elects a three-member Panel,
provide the names of three candidates to serve as
one of the Panellists (these candidates must be
drawn from the Provider's list of panellists); (v) Provide the name of the Respondent and all
information (including any postal and e-mail
addresses and telephone and telefax numbers) known
to the Complainant regarding how to contact the
Respondent or any representative of the Respondent,
including contact information based on pre-complaint
dealings, in sufficient detail to allow the Provider
to send the complaint as described in Paragraph
2(a); (vi) Specify the domain
name(s) that is/are the subject of the complaint; (vii) Identify the Registrar(s) or Registration
Agent(s), if any, through whom the domain name(s)
is/are registered at the time the complaint is
filed; (viii) Specify the name(s),
trademark(s) or service mark(s) on which the
complaint is based and, for each name or mark,
describe the goods or services, if any, with which
the name or mark is used, and separately describe
other goods and services with which it intends, at
the time the complaint is submitted, to use the name
or mark in the future; (ix)
Describe, in accordance with the Policy, the grounds
on which the complaint is made including, in
particular,
(1) the manner in which the
domain name(s) is/are identical or confusingly
similar to a name, trademark or service mark in
which the Complainant has rights; (2) why the Respondent should be considered as
having no rights or legitimate interests in
respect of the domain name(s) that is/are the
subject of the complaint; and (3) why the domain name should be considered as
having been registered or as being used in bad
faith, such description to discuss, for
elements (2) and (3), any aspects of Paragraph 4(b)
and 4(c) of the Policy that are applicable, and to
comply with any word or page limit set forth in the
Supplemental Rules; (x) Specify,
in accordance with the Policy, the remedies sought; (xi) Identify any other legal proceedings that have
been commenced or terminated in connection with or
relating to the domain name(s) that are the subject
of the complaint; (xii) State that
a copy of the complaint, together with the cover
sheet as prescribed by the Supplemental Rules, has
been sent or transmitted to the Respondent in
accordance with Paragraph 2(b); (xiii) State that the Complainant will submit, with
respect to any challenges to a decision in the
administrative proceeding cancelling or transferring
the domain name, to the jurisdiction of the courts
in Singapore; (xiv) State whether
the Complainant agrees to have the dispute mediated
by the Panel before the Panel is called upon to
decide the dispute; (xv) State
whether the Complainant consents to having the terms
of any settlement that may be reached between the
Parties, whether as a result of mediation by the
Panel or otherwise, reflected in a decision of the
Panel; (xvi) State whether a Panel
that mediates the dispute may proceed to decide the
dispute if the Parties fail to reach an agreement
after mediation; (xvii) State
whether the Complainant would still wish to have the
dispute mediated by the Panel in the event that the
Respondent does not agree to the same Panel deciding
the dispute should the Parties fail to reach an
agreement after mediation; and (xviii) Conclude with the following statements
followed by the signature of the Complainant or its
authorized representatives: "The Complainant agrees to
abide and be bound by the provisions of the
Singapore Domain Name Dispute Resolution Policy,
the Rules for the Singapore Domain Name Dispute
Resolution Policy and the Supplemental Rules for
the Singapore Domain Name Dispute Resolution
Policy." "The Complainant
agrees that its claims and remedies concerning
the registration of the domain name, the
dispute, or the resolution of the dispute shall
be solely against the domain name holder and
waives all such claims and remedies against (a)
the Singapore Mediation Centre, the Singapore
International Arbitration Centre, and the
administrative dispute resolution service
secretariat and their staff, except in the case
of deliberate wrongdoing by their staff; (b) a
panellist, except in the case of deliberate
wrongdoing by the panellist; and (c) the
Singapore Network Information Centre (SGNIC)
Private Limited ("SGNIC"), as well as SGNIC's
directors, officers, employees, and agents." "The Complainant certifies that the information
contained in this Complaint is to the best of
the Complainant's knowledge complete and
accurate, that this Complaint is not being
presented for any improper purpose, such as to
harass, and that the assertions in this
Complaint are warranted under these Rules and
under applicable law, as it now exists or as it
may be extended by a good-faith and reasonable
argument." (c) The Complainant shall annex to
the complaint any documentary or other evidence that the
Complainant intends to rely upon, including a copy of
the Policy applicable to the domain name(s) in dispute
and any trademark or service mark registration upon
which the complaint relies, together with a schedule
indexing such evidence. (d) The
complaint may relate to more than one domain name,
provided that the domain names are registered by the
same domain name holder. 4. Notification of Complaint (a) The Provider shall review the
complaint for administrative compliance with the Policy
and these Rules and, if the complaint is in compliance,
shall forward the complaint (together with the
explanatory cover sheet prescribed by the Supplemental
Rules) to the Respondent, in the manner prescribed by
Paragraph 2(a), within three (3) working days after the
date of receipt of the complaint or the date of receipt
of the fees to be paid by the Complainant in accordance
with Paragraph 19, whichever is later. (b) If the Provider finds the complaint to be
administratively deficient, it shall promptly notify the
Complainant and the Respondent of the nature of the
deficiencies identified. The Complainant shall correct
any such deficiencies and resubmit the complaint within
five (5) working days after the date of such
notification. If the Complainant fails to resubmit the
complaint within five (5) working days after the date of
such notification, the administrative proceeding will be
deemed withdrawn without prejudice to the submission of
another complaint by the Complainant in respect of the
same matter. (c) The date of
commencement of the administrative proceeding shall be
the date on which the Provider completes its
responsibilities under Paragraph 2(a) in connection with
forwarding the complaint to the Respondent. (d) The Provider shall immediately notify the
Complainant, the Respondent and SGNIC of the date of
commencement of the administrative proceeding. 5. The Response (a) Within fifteen (15) working days
after the date of commencement of the administrative
proceeding, the Respondent shall submit a response to
the Provider. The Respondent shall, at the same time,
send or transmit a copy of the response to the
Complainant in accordance with Paragraph 2(b). (b) The response shall be submitted in hard copy and
(except to the extent not available for annexes) in
electronic form and shall:
(i) Respond specifically to the
statements and allegations contained in the
complaint and include any and all bases for the
Respondent to retain registration and use of the
disputed domain name, such portion of the response
to comply with any word or page limit set forth in
the Supplemental Rules; (ii)
Provide the name, postal and e-mail addresses, and
the telephone and telefax numbers of the Respondent
and of any representative authorized to act for the
Respondent in the administrative proceeding; (iii) Specify a preferred method for communications
directed to the Respondent in the administrative
proceeding (including person to be contacted,
medium, and address information) for each of: (A) electronic-only material;
and (B) material including
hard copy;
(iv) If Complainant has elected a
single-member panel in the Complaint (see Paragraphs
3(b)(iv)), state whether the Respondent elects
instead to have the dispute decided by a
three-member panel; (v) If either
the Complainant or the Respondent elects a
three-member Panel, provide the names of three
candidates to serve as one of the Panellists (these
candidates must be drawn from the Provider's list of
panellists); (vi) Identify any
other legal proceedings that have been commenced or
terminated in connection with or relating to the
domain name(s) that are the subject of the
complaint; (vii) State that a copy
of the response has been sent or transmitted to the
Complainant in accordance with Paragraph 2(b); (viii) State whether the Respondent agrees to have
the dispute mediated by the Panel before the Panel
is called upon to decide the dispute; (ix) State whether the Respondent consents to have
the terms of any settlement that may be reached
between the Parties, whether as a result of
mediation by the Panel or otherwise, reflected in a
decision of the Panel; (x) State
whether a Panel that mediates the dispute may
proceed to decide the dispute if the Parties fail to
reach an agreement after mediation; and (xi) Conclude with the following statement followed
by the signature of the Respondent or its authorized
representative: "The Respondent certifies
that the information contained in this Response
is to the best of the Respondent's knowledge
complete and accurate, that this Response is not
being presented for any improper purpose, such
as to harass, and that the assertions in this
Response are warranted under these Rules and
under applicable law, as it now exists or as it
may be extended by a good-faith and reasonably
argument." (c) The Respondent shall annex to the
response any documentary or other evidence that the
Respondent intends to rely upon, together with a
schedule indexing such evidence. (d)
If the Complainant has elected to have the dispute
decided by a single-member Panel and the Respondent
elects a three-member Panel, the Respondent shall be
required to pay one-half of the applicable fee for a
three-member Panel as set out in the Supplemental Rules.
This payment shall be made together with the submission
of the response to the Provider. In the event that the
required payment is not made, the dispute shall be
decided by a single-member Panel. (e)
At the request of the Respondent, the Provider may, in
exceptional cases, extend the period of time for the
filing of the response. The period may also be extended
by written stipulation between the Parties, provided the
stipulation is approved by the Provider. (f) If the Respondent does not submit a response, in the
absence of exceptional circumstances, the Panel shall
decide the dispute based upon the complaint. 6. Appointment of the Panel and Timing
of Decision (a) The Provider shall maintain and
publish a publicly available list of Panellists and
their qualifications. (b) If neither
the Complainant nor the Respondent has elected a
three-member Panel (Paragraphs 3(b)(iv) and 5(b)(iv)),
the Provider shall appoint, within five (5) working days
after the date of receipt of the response by the
Provider of the lapse of the time period for the
submission thereof (whichever is earlier), a single
Panellist from its list of panellists. The fees of a
single-member Panel shall be paid entirely by the
Complainant. (c) If either the
Complainant or the Respondent elects to have the dispute
decided by a three-member Panel, the Provider shall
appoint three Panellists in accordance with the
procedures identified in Paragraph 6(e). The fees for a
three-member Panel shall be paid in their entirety by
the Complainant, except where the election for a
three-member Panel was made solely by the Respondent, in
which case the applicable fees shall be borne by the
Parties in equal shares. (d) Unless it
has already elected a three-member Panel, the
Complainant shall submit to the Provider, within five
(5) working days after the date of communication of a
response in which the Respondent elects a three-member
Panel, the names of three candidates to serve as one of
the Panellists. These candidates must be drawn from the
Provider's list of panellists. (e) In
the event that either the Complainant or the Respondent
elects a three-member Panel, the Provider shall
endeavour to appoint one Panellist from the list of
candidates provided by each of the Complainant and the Respondent. In
the event the Provider is unable within five (5) working days after
receiving the lists of candidates of both Parties to secure the
appointment of a Panellist from either Party's list of candidates, the
Provider may appoint any other person from its list of panellists. The
third Panellist shall be appointed by the Provider from a list of five
candidates submitted by the Provider to the Parties, the Provider's
selection from among the five being made in a manner that reasonably
balances the preferences of both Parties, as they may specify to the
Provider within five (5) working days after the Provider's submission of
the five-candidate list to the Parties.
(f) Once the entire Panel is
appointed, the Provider shall notify the Parties of the Panellists
appointed and the date(s) by which, absent exceptional circumstances,
the mediation (if any) shall be concluded and/or the Panel shall forward
its decision on the complaint to the Provider.
7. Impartiality and
Independence
A Panellist shall be impartial and
independent and shall have, before accepting appointment,
disclosed to the Provider any circumstances giving rise to
justifiable doubt as to the Panellist's impartiality or
independence.
If, at any stage during the administrative proceeding, new
circumstances arise that could give rise to justifiable
doubt as to the impartiality or independence of the Panellist,
that Panellist shall promptly disclose such circumstances to the Provider.
In such event, the Provider shall have the discretion to appoint a
substitute Panellist.
8. Communication
Between Parties and the Panel
(a) Except as provided for in Paragraph
8(b), no Party or anyone acting on its behalf may have any
unilateral communication with the Panel.
(b) Where both the Complainant and the
Registrant agree to have the dispute mediated by the Panel,
the Panel may, during the course of the
mediation,
communicate confidentially with each Party to the exclusion
of the other Party. Such confidential communications between
the Panel and each Party shall cease once the mediation has
ended.
(c) All communications between
a Party and the Panel or the Provider shall be made to the Provider in
the manner prescribed in the Supplemental Rules.
9. Transmission of the File to the
Panel
The Provider shall forward the
file to the Panel as soon as the Panellist is appointed in the case of a
Panel consisting of a single member, or as soon as the last Panellist is
appointed in the case of a three-member Panel.
10.
General Powers of the Panel
(a) The Panel
shall conduct the administrative proceeding in such manner
as it considers appropriate in accordance with the Policy
and these Rules.
(b) 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.
(c) The Panel shall ensure
that the administrative proceeding takes place with due expedition. It
may, at the request of a Party or on its own motion, extend, in
exceptional cases, a period of time fixed by these Rules or by the
Panel.
(d) The Panel shall determine
the admissibility, relevance, materiality and weight of the evidence.
(e) The Panel shall not
mediate the dispute unless the Parties agree to have the dispute
mediated before the Panel is called upon to decide the dispute.
(f) Subject to Paragraph 10(c),
where the Parties agree to have the dispute mediated by the Panel, the
Panel shall ensure that the mediation is concluded within fifteen (15)
working days after the date of its appointment pursuant to Paragraph 6.
11. Language of Proceedings
(a) The language of the
administrative proceeding shall be the English language.
(b) Any document to be
submitted to the Panel that is in a language other than the English
language must, unless otherwise agreed by the Parties, be accompanied by
a translation of the whole document into the English language.
12. Further Statements
In addition to the complaint and
the response, the Panel may request, in its sole discretion, further
statements or documents from either of the Parties.
13.
In-Person Hearing
There shall be no in-person
hearings (including hearings by teleconference, videoconference, and web
conference), unless the Panel determines, in its sole discretion and as an
exceptional matter, that such a hearing is necessary for mediating the
dispute or deciding the complaint.
14.
Default
(a) In the event that a Party,
in the absence of exceptional circumstances, does not comply with any of
the time periods established by these Rules or the Panel, the Panel
shall proceed to a decision on the complaint.
(b) If a Party, in the absence
of exceptional circumstances, does not comply with any provision of, or
requirement under, these Rules or any request from the Panel, the Panel
shall draw such inferences therefrom as it considers appropriate.
15. Panel Decisions
(a) A Panel shall decide a
complaint on the basis of the statements and documents submitted and in
accordance with the Policy, these Rules and any rules and principles of
the law of Singapore that it deems applicable.
(b) Where the Parties agree to
have the dispute mediated by a Panel and the Parties fail to reach a
settlement through the mediation, if the Parties further agree that the
Panel that mediated the dispute may continue with the administrative
proceeding and decide the complaint, then, in the absence of exceptional
circumstances, the Panel shall forward its decision on the complaint to
the Provider within ten (10) working days after the date of termination
of the mediation. Where the Parties do not agree to have the dispute
mediated by the Panel, in the absence of exceptional circumstances, the
Panel shall forward its decision on the complaint to the Provider within
ten (10) working days after the date of its appointment pursuant to
Paragraph 6.
(c) In the case of a
three-member Panel, the Panel’s decision shall be made by a majority.
(d) The Panel’s decision shall
be in writing, provide the reasons on which it is based, indicate the
date on which it was rendered and state the name(s) of the Panellist(s).
(e) Panel decisions and
dissenting opinions shall normally comply with the guidelines as to
length set out in the Supplemental Rules. Any dissenting opinion shall
accompany the majority decision. If the Panel concludes that the dispute
is not within the scope of Paragraph 4(a) of the Policy, it shall so
state. If, after considering the submissions, the Panel finds that the
complaint was brought in bad faith, for example, in an attempt at
Reverse Domain Name Hijacking, or was brought primarily to harass the
domain name holder, the Panel shall declare in its decision that the
complaint was brought in bad faith and constitutes an abuse of the
administrative proceeding.
16.
Communications of Decision to Parties
(a) Within three (3) working
days after receiving the decision from the Panel, the Provider shall
communicate the full text of the decision to each Party, the Registrar(s)
or Registration Agent(s), if any, through whom the domain name(s) is/are
registered, and SGNIC. SGNIC shall, within one (1) working day after
receiving the decision from the Provider, communicate to each Party, the
Registrar(s) or Registration Agent(s), if any, through whom the domain
name(s) was/were registered, and the Provider the date for the
implementation of the decision in accordance with the Policy.
(b) Except if the Panel
determines otherwise (see Paragraph 4(j) of the Policy), the Provider
shall publish the full decision and the date of its implementation on a
publicly accessible website. In any event, the portion of any decision
determining a complaint to have been brought in bad faith (see Paragraph
15(e) of these Rules) shall be published.
17.
Settlement or Other Grounds for Termination
(a) If, before the Panel’s
decision is made, the Parties agree on a settlement, and the Parties
further consent to having the terms of the settlement reflected in a
decision of the Panel, the Panel shall render a decision that is
consistent with the terms of the settlement and state that the decision
is made pursuant to a settlement between the Parties. If, before the
Panel's decision is made, the Parties agree on a settlement, but any
Party does not consent to having the terms of the settlement reflected
in a decision of the Panel, the Panel (or, if the Panel has not been
appointed yet, the Provider) shall terminate the administrative
proceeding, such termination to be without prejudice to the initiation
of another administrative proceeding in respect of the same matter.
(b) Where the Parties agree to
have the dispute mediated by a Panel and the Parties fail to reach a
settlement through the mediation, if the Parties do not agree that the
dispute may be decided by the Panel that mediated the dispute, the Panel
shall terminate the administrative proceeding, such termination to be
without prejudice to the initiation of another administrative proceeding
by the Complainant in respect of the same matter, with a request that
the Provider appoint a different Panel to decide the dispute.
(c) If, before the Panel’s
decision is made, it becomes unnecessary or impossible to continue the
administrative proceeding for any reason, the Panel (or, if the Panel
has not been appointed yet, the Provider) shall terminate the
administrative proceeding, unless a Party raises justifiable grounds for
objection within a period of time to be determined by the Panel (or the
Provider, as the case may be).
18.
Effect of Court Proceedings
(a) If legal proceedings are
initiated in respect of a domain name dispute before an administrative
proceeding is commenced in respect of the same dispute, the Panel
conducting the administrative proceeding shall have the discretion to
decide whether to suspend or terminate the administrative proceeding, or
to proceed to a decision.
(b) Neither Party shall
initiate any legal proceedings in respect of a domain name dispute that
is the subject of a pending administrative proceeding.
19. Fees
(a) The Complainant shall pay
to the Provider an initial fixed fee, in accordance with the
Supplemental Rules, within the time and in the amount required. A
Respondent electing under Paragraph 5(b)(iv) to have the dispute decided
by a three-member Panel, rather than the single-member Panel elected by
the Complainant, shall pay the Provider one-half of the fixed fee for a
three-member Panel. See Paragraph 5(d). In all other cases, the
Complainant shall bear all of the Provider's fees, except as prescribed
under Paragraph 19(d). Upon appointment of the Panel, the Provider shall
refund the appropriate portion, if any, of the initial fee to the
Complainant, as specified in the Supplemental Rules.
(b) No action shall be taken by
the Provider on a complaint until it has received from the Complainant
the initial fee in accordance with Paragraph 19(a).
(c) If the Provider has not
received the fee within ten (10) working days after the date the
complaint is received, the complaint shall be deemed withdrawn and the
administrative proceeding terminated.
(d) In exceptional
circumstances, for example in the event an in-person hearing is held,
the Provider shall request that the Parties pay additional fees, which
shall be established in agreement with the Parties and the Panel.
20.
Exclusion of Liability
(a) The Singapore Mediation
Centre,
the Singapore
International Arbitration Centre and the Provider shall not
be liable to any Party for any act or omission of a
Panellist in connection with any administrative proceeding
under these Rules.
(b) Except in the case of
deliberate wrongdoing, the Singapore Mediation Centre, the Singapore
International Arbitration Centre and the Provider shall not be liable to
any Party for any act or omission of their staff in connection with any
administrative proceeding under these Rules.
(c) Except in the case of
deliberate wrongdoing, a Panellist shall not be liable to any Party for
any act or omission by him in connection with any administrative
proceeding under these Rules.
21.
Amendments
The version of these Rules in
effect at the time of the submission of the complaint to the Provider
shall apply to the administrative proceeding commenced thereby. These
Rules may be amended from time to time by SGNIC.
|