What kind of decision can an Arbitration Panel make in a .hk domain name arbitration?
A decision by an Arbitration Panel must be in writing. The kind of decisions an Arbitration Panel may render are limited. That is, an Arbitration Panel might decide in one of two ways – (a) that the Complaint is not justified, in which case the existing registered .hk domain name holder shall be entitled to retain the .hk domain name in question; or (b) the Arbitration Panel may decide that the Complaint is justified in which case the Arbitration Panel will order that the .hk domain name in dispute should be cancelled or transferred to the Party which brought the Complaint. It should be noted that if an Arbitration Panel finds that a Complaint was brought in bad faith, the Arbitration Panel is required to state in its decision that this was the case and declare that the Complaint constituted an abuse of process. An Arbitration Panel may not make money awards nor awards relating to costs, including without limitation, lawyer’s fees and costs.
