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1. General Provisions
(a) Relationship to Rules.
These Supplemental Rules are to be read and used in
connection with the Singapore Domain Name Dispute Resolution
Policy (the "Policy") and the Rules for the Singapore Domain
Name Dispute Resolution Policy (the "Rules").
(b) Relevant Version of Supplemental Rules.
These Supplemental Rules may be amended from time to time by
the Singapore Mediation Centre and the Singapore
International Arbitration Centre. The version of these
Supplemental Rules in force at the time of the submission of
the complaint to the Provider shall apply to the
administrative proceeding commenced thereby.
2. Definitions
Any term defined in the Rules shall have the same meaning in
these Supplemental Rules.
3. Communications
(a) Mode of Communication.
Subject to Paragraphs 3(b) and 5(b) of the Rules (which
require the complaint and the response to be submitted in
hard copy as well as in electronic form), any submission
that may or is required to be made to the Provider or to a
Panel pursuant to these Rules may be made:
(i) by facsimile transmission, with a confirmation of
transmission; or
(ii) by e-mail using the address specified by the Provider.
(b) E-Mail Address.
For the purposes of any communications by e-mail to the
Provider, including those required under Paragraphs 3(b) and
5(b) of the Rules, the following address should be used:
sgdisputes@disputemanager.com.sg
(c) Copies.
When a paper submission is to be made to the Provider by a
Party, it shall be submitted in three (3) sets, including
the original of such submission.
(d) Archive.
The Provider shall maintain an archive of all communications
received or required to be made under the Rules.
4. Submission of Complaint
(a) Complaint Transmittal Coversheet.
In accordance with Paragraphs 3(a) and 3(b)(xii) of the
Rules, the Complainant shall send or transmit to the
Respondent his complaint under the cover of the Complaint
Transmittal Coversheet set out in Annex A of these
Supplemental Rules.
(b) Notification to SGNIC and Registrar(s) or Registration
Agent(s).
The Complainant shall send or transmit a copy of the
complaint to SGNIC and any Registrar or Registration Agent
through whom the disputed domain name(s) was/were registered
at the same time that it submits the complaint to the
Provider.
(c) Complaint Notification Instructions.
In accordance with Paragraph 4(a) of the Rules, the Provider
shall forward the complaint to the Respondent together with
the instructions set out in Annex B of these Supplemental
Rules.
5. Formalities Compliance Review
(a) Deficiency Notification.
The Provider shall, within three (3) working days after the
date of receipt of the complaint, review the complaint for
compliance with the formal requirements of the Policy, Rules
and Supplemental Rulees and notify the Complainant and the
Respondent of any deficiencies therein.
(b) Withdrawal.
If the Complainant fails to remedy any deficiencies
identified by the Provider within the time period provided
for in Paragraph 4 of the Rules (i.e. within five (5)
working days after the date of notification of the nature of
the deficiencies by the Provider), the Provider shall notify
the Complainant, the Respondent, the Registrar(s) or
Registration Agent(s), if any, through whom the domain
name(s) was/were registered and SGNIC of the deemed
withdrawal of the complaint.
(c) Fee Refunds.
Upon the deemed withdrawal of the complaint in accordance
with Paragraph 5(b) of these Supplemental Rules, the
Provider shall be entitled to retain an administrative fee
of $1,000 and shall refund the balance of the fees paid by
the Complainant pursuant to Paragraph 19 of the Rules.
6. Panellist Appointment Procedures
(a) Party Candidates.
Where a Party is required to submit the names of three (3)
candidates for consideration for appointment by the Provider
as a Panellist (i.e. in accordance with paragraphs 3(b)(iv),
5(b)(v) and 6(d) of the Rules), that Party shall provide the
names and contact details of its three (3) candidates in the
order of its preference. In appointing a Panellist, the
Provider shall, subject to availablity, respect the order of
preference indicated by a Party.
(b) Presiding Panellist.
(i) The third Panellist appointed in accordance with
Paragraph 6(e) of the Rules shall be the Presiding Panellist.
(ii) Where, under Paragraph 6(e) of the Rules, a Party fails
to indicate his order of preference for the Presiding
Panellist to the Provider, the Provider shall nevertheless
proceed to appoint the Presiding Panellist.
(iii) Notwithstanding the procedure provided for in
Paragraph 6(e) of the Rules, the Parties may jointly agree
on the identity of the Presiding Panellist, in which case
they shall notify the Provider in writing of such agreement
not later than five (5) working days after receiving the
list of candidates provided for in Paragraph 6(e) of the
Rules.
(c) Respondent's Default.
Where the
Respondent does not submit a response or does not submit the
payment provided for in Paragraph 5(d) of the Rules by the
deadline specified by the Provider, the Provider shall
proceed to appoint the Panel, as follows:
(i) If the Complainant has designated a
single member Panel, the Provider shall appoint the
Panellist from its published list; and
(ii) If the Complainant has designated
a three member Panel, the Provider shall, subject to
availablity, appoint one Panellist from the names submitted
by the Complainant and shall appoint the second Panellist
and the Presiding Panellist from its published list.
7. Declaration of
Impartiality and Independence
Prior to appointment
as a Panellist, a candidate shall submit to the Provider a
declaration as to:
(a) whether he is independent of each
of the parties; and
(b) whether there are any facts or
circumstances which would or may give rise to justifiable
doubt as to his impartiality or independence, and if so,
what these facts or circumstances are.
8. Fees
The fees for
administrative proceedings under the Policy and the Rules
are as specified in Annex C to these Supplemental Rules.
9. Word Limits
(a) The word limit under Paragraph
3(b)(ix) of the Rules shall be 5,000 words.
(b) The word limit under Paragraph
5(b)(i) of the Rules shall be 5,000 words.
(c) For the purposes of Paragraph 15(e)
of the Rules, there shall be no word limit.
10. 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.
(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.
(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.
ANNEX A
COMPLAINT
TRANSMITTAL COVERSHEET
The attached
complaint has been filed against you pursuant to the
Singapore Domain Name Dispute Resolution Policy (the
"Policy") adopted by the Singapore Network Information
Centre (SGNIC) Private Limited ("SGNIC") as the registration
authority for the Singapore country code top level domain.
The Policy is incorporated by
reference into your Registration Agreement with SGNIC, in accordance with
which you are required to submit to and participate in a mandatory
administrative proceeding in the event that a third party (a
"Complainant") submits a complaint to the Secretariat for the Singapore
Domain Name Dispute Resolution Service (the "Secretariat") concerning a
domain name that you have registered. You will find the name and contact
details of the Complainant, as well as the domain name that is (or the
domain names that are) the subject of the complaint in the document that
accompanies this Coversheet.
You have no duty to act
at this time. Once the Secretariat has checked the complaint to determine
that it satisfies the formal requirements of the Policy, the Rules for the
Singapore Domain Name Dispute Resolution Policy (the "Rules") and the
Secretariat’s Supplemental Rules for the Singapore Domain Name Dispute
Resolution Policy (the "Supplemental Rules"), and it has received the
required payment from the Complainant, it will forward an official copy of
the Complaint to you. You will then have 15 working days within which to
submit a Response to the Complaint in accordance with the Rules and
Supplemental Rules to the Secretariat and the Complainant. (A "working
day" means any day other than a Saturday, Sunday or public holiday.)
Should you so desire, you may wish to seek the assistance of legal counsel
to represent you in the administrative proceeding.
The Policy, the Rules
and the Supplemental Rules can be found at:
(1) SGNIC's website
at http://www.nic.net.sg;
and
(2) the
Secretariat's website at
http://www.disputemanager.com.sg.
Other information
concerning the resolution of domain name disputes can also
be found at the Secretariat's website at
http://www.disputemanager.com.sg.
Alternatively, you
may contact the Secretariat to obtain any of the above
documents. The Secretariat can be contacted by telephone at
+65 6332 4366, or by fax at +65 6333 5085 or by e-mail at
sgdisputes@disputemanager.com.sg.
You are kindly
requested to provide the Secretariat with the contact
details to which you would like (a) the official version of
the complaint and (b) other communications in the
administrative proceeding to be sent.
A copy of this
Complaint has also been sent to SGNIC.
By submitting this
complaint to the Secretariat, the Complainant hereby agrees
to abide and be bound by the provisions of the Policy, Rules
and Supplemental Rules.
ANNEX B
COMPLAINT
NOTIFICATION INSTRUCTIONS
1. Notification
You are hereby
notified that an administrative proceeding has been
commenced against you pursuant to the Singapore Domain Name
Dispute Resolution Policy (the "Policy"), adopted by the
Singapore Network Information Centre (SGNIC) Private Limited
("SGNIC") as the registration authority for the Singapore
country code top level domain.
The complaint
concerns the following domain name(s):
The Policy is
incorporated by reference into your Domain Name Registration
Agreement with SGNIC, pursuant to which you are required to
submit to and participate in a mandatory administrative
proceeding in the event that a third party (the
"Complainant") submits a complaint to the Secretariat for
the Singapore Domain Name Dispute Resolution Service (the
"Secretariat") concerning a domain name that you have
registered.
(Please note that
the administrative proceeding has been commenced against the
registrant of the domain name(s) that is/are the subject of
the complaint and not the technical contact, zone contact,
administrative contact or billing contact, if different from
the domain name registrant. The technical contact, zone
contact, administrative contact or billing contact, if
different from the domain name registrant, are requested to
forward this notification and any amendments to the
registrant of the domain name(s) in question.)
2. Date Complaint
Received
The complaint
submitted by [name of complainant(s)] was received by e-mail
on [date] and in hardcopy on [date] by the Secretariat. A
copy of the complaint [and related submission] accompanies
this notification.
3. Formal
Requirements Compliance Review
In accordance with
Paragraph 4(a) of the Rules for the Singapore Domain Name
Dispute Resolution Policy (the "Rules") and Paragraph 5 of
the Supplemental Rules for the Singapore Domain Name Dispute
Resolution Policy (the "Supplemental Rules"), the
Secretariat has verified that the complaint satisfies the
formal requirements of the Policy, Rules and Supplemental
Rules. The Complainant has made payment in the required
amount to the Secretariat.
4. Commencement
of Administrative Proceeding
In accordance with
Paragraph 4(c) of the Rules, the formal date of commencement
of the administrative proceeding is [date].
5. Deadlines
Within 15 working
days from the day you receive this notification, you must
submit to the Complainant and to the Secretariat a response
according to the requirements that are described in
Paragraph 5 of the Rules and in the Supplemental Rules. (A
"working day" means any day other than a Saturday, Sunday or
public holiday.) The last day for sending your response to
the Complainant and to us is [date + 15 working days].
This is also the
last date by which you should make any required payments to
the Secretariat if you choose to designate a three-member
Administrative Panel when the Complainant has not done so
(see Paragraphs 7 and 9 below).
6. Default
If your response is
not sent by the above date, you will be considered to be in
default. The Secretariat will still appoint an
Administrative Panel to review the facts of the dispute to
decide the case. The Administrative Panel is not required to
consider a Response that is filed late, but will have the
discretion to decide whether to do so and as provided for by
Paragraph 14 of the Rules, may draw such inferences from
your default as it considers appropriate. There are other
consequences of a default, including no obligation on the
part of the Secretariat to consider any designations that
you have made concerning the appointment of the
Administrative Panel or to observe any guidelines you have
provided concerning case-related communications.
7. Administrative
Panel
Where the
Complainant has elected for a single panellist:
The dispute between
you and the Complainant will be decided by an Administrative
Panel consisting of either one or three impartial and
independent decision-makers. The Complainant in this
administrative proceeding has elected for an Administrative
Panel consisting of a single panellist.
If you would also
like the case to be decided by a single panellist, the
appointment of that panellist will be made by the
Secretariat from its published list of panellists. The
Secretariat will appoint the single panellist within five
working days after the date your response is due. In that
event, the fees for the administrative proceeding will be
paid in their entirely by the Complainant.
Despite the
Complainant's designation of a single panellist, you can
choose to have the case decided by an Administrative Panel
consisting of three persons. If you choose this option, you
will be required to pay half of the applicable fees for the
administrative proceeding (see Paragraph 9 below). The
payment must be made at the time you submit your response.
Failure to submit the required payment at that time may,
along with other considerations, be taken as grounds for
proceeding with a single panellist.
If you choose a
three person Administrative Panel, you should make the
required payment and submit your response on time. You
should indicate the names and contact details of three
persons in order of preference in your response. These three
persons must be selected from the Secretariat's published
list of panellist. The Secretariat will try to appoint one
of the three persons you have nominated to the
Administrative Panel. If the Secretariat is unsuccessful, it
will make an appropriate appointment from its published
list. If you choose a three-member Administrative Panel, but
do not provide the Secretariat with the names and contact
details of any candidates, the Secretariat will make the
appointment from its published list.
Please note that if
you choose a three-member Panel, the Complainant will be
requested also to provide the names of three candidates, who
must be selected from the Secretariat's published list of
panellist. The Secretariat will try to appoint one of these
three persons to the Administrative Panel. If the
Secretariat is unsuccessful, the Secretariat will make an
appropriate appointment from its published list of
panellists. If the Complainant does not provide the
Secretariat with the names of his candidates, the
Secretariat will make the appointment from its published
list of panellists.
If the case is to be
decided by a three-member Administrative Panel, you and the Complainant
will be contacted concerning the procedures for the appointment of the
Presiding Panellist (i.e. the third panellist).
Where the Complainant
has elected for three panellists:
The Complainant in this
administrative proceeding has elected for an Administrative Panel
consisting of three panellists. The dispute between you and the
Complainant therefore will be decided by an Administrative Panel
consisting of three members.
The Complainant
has provided us with the names and contact details of three
candidates to serve on the Administrative Panel, and has
indicated his order of preference. The Secretariat will try
to appoint one of these three candidates. If the Secretariat
is unsuccessful, the Secretariat will make the appointment
from its published list of panellists.
You are required to
provide the names and contact details of three persons in order of
preference in your Response. These three persons must be selected from the
Secretariat’s published list of panellists. The Secretariat will try to
appoint one of the three persons you have nominated to serve on the
Administrative Panel. If the Secretariat is unsuccessful, the Secretariat
will make an appropriate appointment from its published list of panellists.
If you do not provide the Secretariat with the names and contact details
of any candidates, the Secretariat will make the appointment from its
published list of panellists.
Both you and the
Complainant will be contacted concerning the procedures for the
appointment of the Presiding Panellist (i.e. the third panellist).
8. Communications
Your response should
be communicated to us according to the requirements of
Paragraph 5(b) of the Rules and Paragraph 3 of the
Supplemental Rules (i.e. three sets of the response in hard
copy (including the original) and one set of the response in
soft copy to be sent by e-mail). All case-related filings or
submissions to the Secretariat after the submission of your
response should be made according to paragraph 3(a) of the
Supplemental Rules. The e-mail address to use for both
purposes is
sgdisputes@disputemanager.com.sg.
In your response,
you should indicate where and how you would like the
Secretariat to send case-related communications to you.
Please provide only a single postal address, fax number and
e-mail address for yourself or, if applicable, your
authorized representative for the dispute. Otherwise, the
Secretariat will use its discretion as to which contact
details to use.
All communications
that are to be made to the Complainant under the Rules and
Supplemental Rules, including your Response, should be made
according to the contact details and method(s) specified in
the Complaint.
Questions about your
case or other general queries may be e-mailed to
sgdisputes@disputemanager.com.sg.
9. Fees
Where the
Complainant has elected for a single panellist:
If you designate a
single-member Administrative Panel, the fees for the
administrative proceeding will be paid in their entirety by
the Complainant.
In accordance with
Paragraph 5(c) of the Rules, if you designate a three-member
Administrative Panel, you must pay the following amount to
the Secretariat at the time you submit your Response:
[amount depending on the number of domain names included in
the complaint].
Payment methods and
other relevant details can be found in Annex C of the
Supplemental Rules. If you designate a three-member
Administrative Panel, please identify in your response the
method by which payment is made. If you do not submit the
required payment to the Secretariat, the Secretariat will
proceed to appoint a single-member Administrative Panel.
Where the
Complainant has elected for three panellists:
The fees for the
administrative proceeding will be paid in their entirety by
the Complainant.
10. The
Administrative Proceeding
Where the
Complainant has elected for a single panellist:
If this case is to
be decided by a single-member Administrative Panel, the
Secretariat will appoint the Administrative Panel within
five working days of the date your Response is due. If the
case is to be decided by a three-member Administrative
Panel, after appointing two of the panellists (see Paragraph
7 above), the Secretariat will send to you and to the
Complainant a list of five candidates for the Presiding
Panellist. You will each be asked to indicate your order of
preference from among the five candidates. Unless the
Secretariat is notified of an agreement between you and the
Complainant as to the identity of the Presiding Panellist,
the Secretariat will make the appointment taking into
consideration the preferences indicated by you and the
Complainant.
Where the
Complainant has elected for three panellists:
As this case is to
be decided by a three-member Administrative Panel, after
appointing two of the Panellists (see Paragraph 7 above),
the Secretariat will send to you and to the Complainant a
list of five candidates for the Presiding Panellist. You
will each be asked to indicate your order of preference from
among the five candidates. Unless the Secretariat is
notified of an agreement between you and the Complainant as
to the identity of the Presiding Panellist, the Secretariat
will make the appointment taking into consideration the
preferences indicated by you and the Complanant.
In both cases:
The Administrative
Panel will have 10 working days after the date of its
appointment (or, where the Parties have agreed to the
mediation of the dispute by the Administrative Panel and to
the Administrative Panel deciding the dispute should the
Parties fail to reach a settlement through mediation, 10
working days after the date of termination of the mediation)
to issue a decision in the case. Under normal circumstances,
the Secretariat will forward the decision of the
Administrative Panel to you, the Complainant, the concerned
Registrar(s) or Registration Agent(s), if any, through whom
the domain name(s) is/are registered and SGNIC within three
working days after receiving it from the Administrative
Panel. Should the decision require that the domain name(s)
in question be either transferred or cancelled, SGNIC will
implement the decision if SGNIC does not receive the
notification and required documentation from you in
accordance with Paragraph 4(k) of the Policy. The
Secretariat will then post the decision on a publicly
accessible web site, unless the Secretariat has been
directed not to by the Administrative Panel.
11. Requests for
Information
While the
Secretariat will answer questions relating to such matters
as filing requirements and to help you to understand the
Policy, Rules and Supplemental Rules, the Secretariat cannot
provide you with legal advice or make any representations on
your behalf. The contact particulars of the Secretariat are
as follows:
Address: The Secretariat
Singapore Domain Name Dispute Resolution Service
1 Supreme Court Lane
Level 4
Singapore 178879
Telephone: +65 6332 4366
Fax: +65 6333 5085
E-mail:
sgdisputes@disputemanager.com.sg
12. Additional
Information
Additional
information about the Singapore Domain Name Dispute
Resolution Service is available on the SGNIC website at
http://www.nic.com.sg
and the Secretariat's website at
http://www.disputemanager.com.sg.
ANNEX C
Schedule of Fees
The following schedule of fees applies to
all domain name administrative proceedings under the
Singapore Domain Name Dispute Resolution Policy.
|
Single Panellist |
|
Number
of domain names
included in the Complaint |
Fee (in
Singapore dollars) |
|
1
to 5 |
2,750 |
|
6
to 10 |
3,500 |
|
11
to 15 |
4,250 |
|
More
than 15 |
To be
decided in consultation with
the Secretariat |
|
Three Panellists |
|
Number
of domain names
included in the Complaint |
Fee (in
Singapore dollars) |
|
1
to 5 |
5,500 |
|
6
to 10 |
7,000 |
|
11
to 15 |
8,500 |
|
More
than 15 |
To be
decided in consultation with
the Secretariat |
1 The fee covers the
sum payable to the Secretariat and the Panellist(s) for
their services.
2 In the event of a withdrawal of a
complaint in accordance with Paragraph 4 of the Rules and
Paragraph 5(b) of the Supplemental Rules, or the termination
of an administrative proceeding prior to the appointment of
an Administrative Panel, the Secretariat shall be entitled
to retain an administrative fee of S$1,000.
3 In the event an administrative
proceeding is terminated after the appointment of an
Administrative Panel, the Secretariat shall be entitled to
retain an administrative fee of S$1,000 and shall determine,
in its sole discretion, whether, (and if so, how much of)
the balance of the fees paid should be refunded. Generally,
no fees will be refunded once the file has been forwarded to
the Panel in accordance with Paragraph 9 of the Rules.
4 The fees payable where an in-person
hearing is conducted shall be decided in consultation with
the Parties and the Panel.
5 Goods and services tax at the
prevailing rate shall be payable on all fees listed in this
fees schedule.
6 Payments shall be made by one of the
following means:
(a) Bank transfer:
Payment must be in Singapore dollars.
The payment should be made to the following bank account:
Name of Beneficiary: Singapore
Mediation Centre
Address of Beneficiary: 1 Supreme Court
Lane, Level 4,
Singapore 1788879, Republic of Singapore
Name of Beneficiary's Bank: DBS Bank
(The Development Bank of Singapore Ltd)
Branch at which Account is maintained:
Raffles City Branch
Beneficiary's Account Number:
033-017746-1
The following particulars must be
provided in the payment advice to be sent to the
Beneficiary:
(1) Name of Payer;
(2) Identification Number (if any) of
Payer (e.g. NRIC number or passport number for individuals,
and registration number assigned by Registry of Companies
and Businesses or Registry of Societies for organisations);
(3) Name of Payer's Bank;
(4) Payer's Account Number;
(5) Amount Paid;
(6) Disputed domain name(s);
(7) Party on whose behalf payment is
made; and
(8) Case Number assigned by the
Secretariat (if any).
(b) Cheque, bank draft or Singapore
postal order:
Payment must be in Singapore dollars.
If payment is by cheque or bank draft, the cheque or bank
draft must be drawn on a Singapore bank. The cheque, bank
draft or Singapore postal order must be crossed and made
payable to "Singapore Mediation Centre". The payment
document must also be accompanied by a letter identifying:
(1) the Party on whose behalf payment is made; (2) the
Parties to the dispute; and (3) the disputed domain name(s).
7 Payments in cash will not be
accepted.
8 All bank charges,
transfer fees and other amounts that may be levied in
connection with a payment made to the Secretariat shall be
the responsibility of the party making the payment.
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