CIETAC and HKIAC Announce the Launch of the
Asian Domain Name Dispute Resolution Centre
The China International Economic and Trade Arbitration Commission (CIETAC) and Hong Kong International Arbitration Centre (HKIAC) today announced the launch of the Asian Domain Name Dispute Resolution Centre (ADNDRC).
Foreseeing the emergence of an increasing number of disputes arising from abusive registration of domain names all over the world (currently roughly over 8000 domain names as reported from 1 January 2001 to 20 February 2002), the HKIAC and the CIETAC have jointly established the Asian Domain Name Dispute Resolution Centre (ADNDRC), which has been designated by the Internet Corporation for Assigned Names and Numbers (ICANN) as one of the only four approved dispute resolution service provider in the world to administer and provide neutrals for disputes alleging abusive registration in relation to the use of an Internet domain name.
According to Mr. Neil Kaplan, the Chairman of the HKIAC, globalization will affect our lives one way or another. A prime example is the evolution of the Internet. With increase reliance on the use of internet based technology in global trade, a suitable forum for the resolution of disputes in a relatively quick, reliable, less costly and effective manner will need to be firmly in place, to ensure continuing confidence in conducting business transactions over the internet. This is where ADNDRC's expertise and knowledge comes into play especially in the field of One-line Dispute Resolution where more and more disputants of different nationalities will come to rely on ADNDRC's services in the not so distant future. One must not forgot ADNDRC's technology partner----Tradelink Electronic Commerce Limited, the largest provider of electronic commerce services in Hong Kong, has been a tower of strength in assisting ADNDRC from conceptual design to implementation of the unique On-Line Domain Name Dispute Resolution System. Henceforth, ADNDRC will without doubt be a prime centre for the resolution of Internet related disputes in East Asia.
"ADNDRC will provide its domain name dispute resolution services through two offices - one in Beijing and another in Hong Kong. They will be managed and operated by the CIETAC and the HKIAC respectively." said Mr Kaplan. He added that "A Claimant, utilizing the services of the ADNDRC to handle a domain name dispute, can have a choice of selecting either one of the two offices of the ADNDRC which he or she wishes to administer the dispute in question."
Mr Kaplan then briefly introduced the services provided by the ADNDRC. He said that the ADNDRC would provide dispute resolution services in regard to disputed generic top level domain names (gTLD's). The domains in question include the original three - .com, .net and .org, as well as the seven subsequently approved by ICANN - .biz, .name, .info, pro, .coop, .aero and .museum. Initially, ADNDRC would administer domain name dispute claims only in regard to .com, .net and .org domain names. It is expected that the dispute resolution services would be extended to cover other domain names such as .biz and .name or any new gTLD's in the future.
Sharing similar views with the HKIAC, Dr Wang Shengchang, the Vice-Chairman of CIETAC further emphasized on the importance of establishing the ADNDRC and in particular the importance of developing a fully web-based on-line domain name dispute resolution system to facilitate the handling of domain name dispute cases. He said, "The more and more Internet users in Asia-Pacific region implicate the huge potential power of Internet economy in this region. Along with the efficient use of the Internet, the abusive registration of domain name has led to increasing disputes between domain name and trademark where other parties have the prior rights. Without prompt resolution, the domain name disputes will become obstacles to the healthy development of Internet and violation to the legal rights of other parties. To meet the demands of Internet economy, the establishment of domain name resolution system becomes emergent. Moreover, the immediacy and convenience of Internet requires the dispute resolution to be correspondently immediate and convenient." He criticized that traditional resolution through court or normal arbitration will no longer satisfy the needs of the parties who hope to quickly resolve the dispute in a relatively cost effective manner which an online system can clearly fulfill. He explained that "the development of Internet and E-commerce has greatly challenged the efficiency of traditional commercial arbitration, which should be computerized to gradually achieve online arbitration."
From the keynote speech delivered by Mrs. Carrie Yau, the Secretary for Information Technology and Broadcasting Bureau of the HKSAR Government, it was pointed out that dispute resolution through arbitration would allow domain name disputes to be resolved efficiently and at a very economical cost. "The launch of the Asian Domain Name Dispute Resolution Centre today marks a milestone in the collaboration between the Mainland and Hong Kong which puts the two places in the focus of international Internet development", said Mrs. Yau. She also remarked that "Asia's first approved domain name dispute resolution service provider is a partnership involving Hong Kong is no accident at all. It is a reaffirmation of our institutional strength as well as a place for doing business where the best international standards and practices prevail."
"It is indeed the commitment of the SAR Government, as initiated by the Secretary for Justice, to promote Hong Kong as an international dispute resolution centre" said Mr. Stephen Kai-yi Wong, the Deputy Solicitor-General of the Legal Policy Division of the Department of Justice. He has clearly expressed his confidence on the ADNDRC by saying that "I am sure that the Asian Domain Name Dispute Resolution Centre will provide the best services to meet the demand arising from the increase in e-commerce and disputes over transactions on-line. I have no doubt that the expertise and concerted efforts of both HKIAC and CIETAC will set another good example for dispute resolution in the international arena."
Also attending today's press conference were Mr. Christopher To, Secretary-General of the HKIAC, Dr. Han Jian, Deputy Secretary General of CIETAC Shenzhen Sub-Commission, Ms. Xie Changqing, Representative of the Hong Kong Office of China Chamber of International Commerce as well as Ms. Wang Wenying, Arbitrator of CIETAC.
The HKIAC was established in 1985 to assist disputing parties solving differences through arbitration and other means of dispute resolution procedures. Under recent amendments to the Hong Kong Arbitration Ordinance, the HKIAC became the default appointing authority for arbitrators. It is currently the sole domain name dispute resolution provider for .hk ccTLD. In addition, HKIAC has recently collaborated with the Hong Kong Society of Accountants (HKSA) to launch the HKIAC Electronic Transaction Arbitration Rules (Rules) as a third-party arbitration framework for use and adoption by online merchants in Hong Kong to handle consumer disputes.
The CIETAC was established in April 1956 within the China Council for the Promotion of International Trade, and was later reorganized and took on its current name in 1988. It has become the leading international commercial arbitration institution in China with its headquarters in Beijing. It is currently the sole domain name dispute resolution provider for .cn ccTLD.
For more details concerning ADNDRC, please visit the web site www.ADNDRC.org.
International Economic and Trade Arbitration Commission
Golden Land Building, 32 Liang Ma Qiao Road,
Chaoyang District, Beijing 100016, P. R. China
Tel: 86-10-64646688 Fax: 86-10-64643500 / 64643520
http://www.CIETAC.org.cn
E-mail: cietac@adndrc.org |
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Hong Kong International Arbitration Centre
38th Floor, 2 Exchange Square,
8 Connaught Place, Hong Kong
Tel: 852-2525 2381 Fax: 852-2524 2171
http://www.hkiac.org
E-mail: hkiac@adndrc.org |
