China International Economic and Trade Arbitration Commission domain name... Arbitral Awards Collection (2001-2002)

Author: International Center for Economic Solutions
Publisher:
Publish Date: 2003-08-01
Features: After the China Internet Network Information Center (CNNIC) authorized the China International Economic and Trade Arbitration Commission (CIETAC) to resolve Chinese domain name disputes and general website disputes in 2000 and 2001, it further authorized CIETAC to resolve disputes over country-code top-level domains (ccTLDs) on September 30, 2002.
Founded in 1956, the China International Economic and Trade Arbitration Commission (CIETAC) is a permanent international arbitral institution that resolves commercial disputes through arbitration. CIETAC accepts international, foreign-related, and domestic contractual and non-contractual disputes, including tort disputes, based on arbitration agreements between parties. To date, CIETAC has handled and resolved over 8,000 commercial arbitration cases, and its rulings have been widely recognized by both domestic and international societies. Arbitration awards made by CIETAC can be enforced in more than 140 countries and regions around the world under the 1958 New York Convention.
CIETAC is equipped with modern office facilities and scientific management systems, adhering to arbitration practices aligned with international standards. Its arbitration work is increasingly moving toward modernization and internationalization. With its independent, impartial, efficient, and rapid arbitration services, CIETAC enjoys a broad reputation both domestically and internationally, making it a world-renowned arbitral institution alongside the ICC International Court of Arbitration, the Stockholm Chamber of Commerce Arbitration Institute, the London International Arbitration Centre, and the American Arbitration Association.
After obtaining authorization from CNNIC, CIETAC’s Domain Name Dispute Resolution Center began accepting domain name dispute cases on January 1, 2001, and general website dispute cases on January 1, 2002. By the end of 2002, the CIETAC Domain Name Dispute Resolution Center had accepted and resolved 26 Chinese domain name dispute cases and 11 general website dispute cases.
Additionally, in 2001, CIETAC partnered with the Hong Kong International Arbitration Centre to establish the Asian Domain Name Dispute Resolution Center, which was designated by the Internet Corporation for Assigned Names and Numbers (ICANN) to resolve disputes over generic top-level domains (gTLDs) such as ".COM," ".ORG," and ".NET." The Asian Domain Name Dispute Resolution Center has two secretariats: the Hong Kong Secretariat, located at the Hong Kong International Arbitration Centre, and the Beijing Secretariat, located at CIETAC. The CIETAC Domain Name Dispute Resolution Center also fulfills the functions of the Beijing Secretariat of the Asian Domain Name Dispute Resolution Center, providing services for gTLD dispute resolution. By the end of 2002, the Beijing Secretariat of the Asian Domain Name Dispute Resolution Center had accepted and resolved 16 gTLD dispute cases.
Among the various cases handled by CIETAC in 2001 and 2002, a significant portion of the complaints filed by petitioners were upheld, while a small number were dismissed, and some were withdrawn. The rulings made by the Domain Name Dispute Resolution Center have been effectively enforced, with no instances of parties challenging the rulings in court to date. Our domain name dispute resolution mechanism has generated significant attention both domestically and internationally.
The establishment of the Chinese domain name dispute resolution mechanism by CNNIC and the successful practice of CIETAC in online domain name dispute resolution have not only resolved domain name disputes smoothly and promptly, effectively safeguarding the legitimate rights and interests of parties involved but also played a positive role in the management of the Chinese domain name system and the healthy development of the internet.
To promptly summarize and share experiences, we have compiled and published the rulings of various cases handled by the CIETAC Domain Name Dispute Resolution Center for the 2001–2002 fiscal year. This serves multiple purposes: providing reference materials for experts at the CIETAC Domain Name Dispute Resolution Center when resolving cases, serving as practical resources for lawyers and others working in the fields of internet and intellectual property, and offering first-hand materials and resources for legal scholars and researchers engaged in teaching and research on internet and intellectual property law.