JAPAN
Arbitration Law
(Law No.138 of 2003)
Chapter I: General Provisions
Article 1. (Purpose)
Arbitral proceedings where the place of arbitration is in the territory of
Japan and court proceedings in connection with arbitral proceedings shall, in
addition to the provisions of other laws, follow those of this Law.
Article 2. (Definitions)
(1) |
For the purposes of
this Law, "arbitration agreement" shall mean an agreement by the
parties to submit to one or more arbitrators the resolution of all or certain
civil disputes which have arisen or which may arise in respect of a defined
legal relationship (whether contractual or not) and to abide by their award
(hereinafter referred to as "arbitral award") |
(2) |
For the purposes of
this Law, "arbitral tribunal" shall mean a sole arbitrator or a
panel of two or more arbitrators, who, based on an arbitration agreement,
conduct proceedings and make an arbitral award in respect of civil disputes
subject thereto. |
(3) |
For the purposes of this Law, "written
statement" shall mean a document that a party prepares and submits to an
arbitral tribunal in arbitral proceedings and which states the case of that
party. |
Article 3. (Scope of Application)
(1) |
The provisions of
Chapters II through VII and Chapters IX and X, except the provisions
specified in the following paragraph and article 8, apply only if the place
of arbitration is in the territory of Japan. |
(2) |
The provisions of
article 14, paragraph (1) and article 15 apply when the place of arbitration
is in or outside the territory of Japan, or when the place of arbitration is
not designated. |
(3) |
The provisions of Chapter VIII apply when the place
of arbitration is in or outside the territory of Japan. |
Article 4. (Court Intervention)
With respect to arbitral proceedings, no court shall intervene except where so
provided in this Law.
Article 5. (Court Jurisdiction)
(1) |
Only the following courts have jurisdiction over
cases concerning court proceedings based on the provisions of this Law:
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(2) |
In the event that two
or more courts have jurisdiction based on the provisions of this Law, the
court to which the request was first made shall have jurisdiction. |
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(3) |
The court shall, upon determining that the whole or
a part of a case concerning court proceedings based on the provisions of this
Law does not fall under its jurisdiction, upon request or by its own
authority, transfer such case to a court with jurisdiction. |
Article 6. (Voluntary Oral Hearing)
Any decision concerning court proceedings based on the provisions of this Law
may be made without an oral hearing.
Article 7. (Appeal against Court Decision)
Any party with an interest affected by the decision concerning court
proceedings based on the provisions of this Law may, only if specifically
provided for by this Law, file an immediate appeal against the decision within
the peremptory term of two weeks from the day on which notice is given.
Article 8. (Court Intervention in the Event that the Place of Arbitration
Has Not Been Designated)
(1) |
Even if the place of arbitration has not been
designated, each of the court applications cited in the following items may
be made when there is a possibility that the place of arbitration will be in
the territory of Japan and the applicant or counterparty's general forum
(excluding designations based on the last address) is in the territory of
Japan. In such case, according to the classifications cited in the respective
items, the respective provisions shall apply:
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(2) |
Notwithstanding the provisions of article 5,
paragraph (1), only the district courts having jurisdiction over the general
forum described in the preceding paragraph have jurisdiction over the case
relating to the applications cited in each of the items in the preceding
paragraph. |
Article 9. (Reading of Case Records Relating to Court Proceedings)
A party with an interest in any court proceedings based on the provisions of
this Law may request any of the following from the court clerk:
(i) |
a reading of or a copy of the case records; |
(ii) |
a copy of the records produced by electronic,
magnetic or any other means unrecognizable by natural sensory function in the
case records; |
(iii) |
the delivery of an authenticated copy, transcript or
extract thereof; or |
(iv) |
the delivery of a certificate regarding matters
relating to the case. |
Article 10. (Application of the Code of Civil Procedure to Court
Proceedings)
Except as otherwise provided, the provisions of the Code of Civil Procedure
[Law No. 109 of 1996] shall apply to any court proceedings based on the
provisions of this Law.
Article 11. (Supreme Court Rules)
In addition to those provided by this Law, particulars necessary in relation to
court proceedings based on the provisions of this Law shall be as prescribed by
the Rules of the Supreme Court.
Article 12. (Written Notice)
(1) |
Unless otherwise agreed
by the parties, when notice in arbitral proceedings is given in writing, it
is deemed to have been given at the time it is delivered to the addressee
personally, or, at the time it is delivered to the addressee's domicile,
habitual residence, place of business, office or delivery address (which
hereafter in this article means the place stipulated by the addressee as the
place for delivery of documents from the sender). |
(2) |
With respect to a
written notice in arbitral proceedings, where it is possible for the notice
to be delivered to the addressee's domicile, habitual residence, place of
business, office or delivery address, whereas it is difficult for the sender
to obtain materials to certify that the delivery has been made, if the court
considers it necessary, it may upon request of the sender decide to serve the
notice itself. The provisions of article 104 and articles 110 through 113 of
the Code of Civil Procedure shall not apply with respect to service in such
an event. |
(3) |
The provisions of the
preceding paragraph shall not apply in the event the parties have agreed that
the service described in the same paragraph shall not be made. |
(4) |
The case concerning the
request described in paragraph (2) shall be, notwithstanding the provisions
of article 5, paragraph(1), subject only to the jurisdiction of the courts
cited in items (i) and (ii) of the same paragraph and the district court with
jurisdiction over the addressee's domicile, habitual residence, place of
business, office or delivery address. |
(5) |
When notice in arbitral
proceedings is given in writing, if none of the addressee's domicile,
habitual residence, place of business, office or delivery address can be
found after making a reasonable inquiry, unless otherwise agreed by the
parties, it will suffice if the sender sends its notice to the addressee's
last-known domicile, habitual residence, place of business, office or
delivery address by registered letter or any other means by which the attempt
to deliver it can be certified. In such case, a written notice is deemed to
have been given at the normally expected time of its arrival. |
(6) |
The provisions of paragraph (1) and the preceding
paragraph shall not apply to notices in court proceedings based on the
provisions of this Law. |
Chapter II: Arbitration Agreement
Article 13. (Effect of Arbitration Agreement)
(1) |
Unless otherwise
provided by law, an arbitration agreement shall be valid only when its
subject matter is a civil dispute that may be resolved by settlement between
the parties (excluding that of divorce or separation). |
(2) |
The arbitration
agreement shall be in the form of a document signed by all the parties,
letters or telegrams exchanged between the parties (including those sent by
facsimile device or other communication device for parties at a distance
which provides the recipient with a written record of the transmitted
content), or other written instrument. |
(3) |
When a written contract
refers to a document that contains an arbitration clause and the reference is
such as to make that clause part of the contract, the arbitration agreement
shall be in writing. |
(4) |
When an arbitration
agreement is made by way of electromagnetic record (records produced by
electronic, magnetic or any other means unrecognizable by natural sensory
function and used for data-processing by a computer) recording its content,
the arbitration agreement shall be in writing. |
(5) |
When the parties to the
arbitral proceedings exchange written statements in which the existence of an
arbitration agreement is alleged by one party and not denied by another, the
arbitration agreement shall be in writing. |
(6) |
Even if in a particular contract containing an
arbitration agreement, any or all of the contractual provisions, excluding
the arbitration agreement, are found to be null and void, cancelled or for
other reasons invalid, the validity of the arbitration agreement shall not
necessarily be affected. |
Article 14. (Arbitration Agreement and Substantive Claim before Court)
(1) |
A court before which an action is brought in respect
of a civil dispute which is the subject of an arbitration agreement shall, if
the defendant so requests, dismiss the action. Provided, this shall not apply
in the following instances:
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(2) |
An arbitral tribunal may commence or continue
arbitral proceedings and make an arbitral award even while the action
referred to in the preceding paragraph is pending before the court. |
Article 15. (Arbitration Agreement and
Interim Measures by Court)
It is not incompatible with an arbitration agreement for a party to request,
before or during arbitral proceedings, from a court an interim measure of
protection and for a court to grant such measure in respect of any civil
dispute which is the subject of the arbitration agreement.
Chapter III: Arbitrator
Article 16. (Number of Arbitrators)
(1) |
The parties are free to
determine the number of arbitrators. |
(2) |
Failing such
determination as provided for in the preceding paragraph, when there are two
parties in an arbitration, the number of arbitrators shall be three. |
(3) |
Failing such determination as provided for in
paragraph (1), when there are three or more parties in an arbitration, the
court shall determine the number of arbitrators upon request of a party. |
Article 17. (Appointment of Arbitrators)
(1) |
The parties are free to
agree on a procedure of appointing the arbitrators. Provided, this shall not
apply to the provisions of paragraphs (5) and (6). |
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(2) |
Failing such agreement
as provided for in the preceding paragraph, when there are two parties in an
arbitration with three arbitrators, each party shall appoint one arbitrator,
and the two arbitrators thus appointed shall appoint the third arbitrator. In
such case, if a party fails to appoint an arbitrator within thirty days of a
request to do so by the other party who has appointed an arbitrator, the
appointment shall be made by the court upon the request of that party, or if
the two arbitrators appointed by the parties fail to agree on the third
arbitrator within thirty days of their appointment, upon the request of a
party. |
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(3) |
Failing such agreement
as provided in paragraph (1) or any agreement on the appointment of
arbitrators between the parties, when there are two parties in an arbitration
with a sole arbitrator, the court shall appoint an arbitrator upon the
request of a party. |
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(4) |
Failing such agreement
as provided for in paragraph (1) when there are three or more parties, the
court shall appoint arbitrators upon the request of a party. |
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(5) |
Where, under an
appointment procedure for arbitrators agreed upon by the parties as provided
for in paragraph (1), arbitrators cannot be appointed due to a failure to act
as requested under such procedure or for any other reason, a party may
request of the court the appointment of arbitrators. |
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(6) |
The court, in appointing arbitrators based on the
provisions contained in paragraphs (2) through (5), shall have due regard to
the following items:
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Article 18. (Grounds for Challenge)
(1) |
A party may challenge an arbitrator:
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(2) |
A party who appointed
an arbitrator, or made recommendations with respect to the appointment of an
arbitrator, or participated in any similar acts, may challenge that
arbitrator only for reasons of which it becomes aware after the appointment
has been made. |
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(3) |
When a person is
approached in connection with its possible appointment as an arbitrator, it
shall fully disclose any circumstances likely to give rise to justifiable
doubts as to its impartiality or independence. |
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(4) |
An arbitrator, during the course of arbitral
proceedings, shall without delay disclose any circumstances likely to give
rise to justifiable doubts as to its impartiality or independence (unless the
parties have already been informed of them by the arbitrator). |
Article 19. (Challenge Procedure)
(1) |
The parties are free to
agree on a procedure for challenging an arbitrator. Provided, this shall not
apply to the provisions of paragraph (4). |
(2) |
Failing an agreement as
provided for in the preceding paragraph, upon request of a party, the
arbitral tribunal shall decide on the challenge. |
(3) |
A party who intends to
make a request as provided for in the preceding paragraph shall, within
fifteen days of the later of either the day on which it became aware of the
constitution of the arbitral tribunal or the day on which it became aware of
any circumstance referred to in any item of paragraph (1) of the preceding
article, send a written request describing the reasons for the challenge to
the arbitral tribunal. In such case, the arbitral tribunal shall decide that
grounds for challenge exist when it finds that grounds for challenge exist
with respect to the arbitrator. |
(4) |
If a challenge of the
arbitrator under the procedure for challenge prescribed in the preceding
three paragraphs is not successful, the challenging party may request within
thirty days after having received notice of the decision rejecting the
challenge, the court to decide on the challenge. In such case, the court
shall decide that grounds for challenge exist when it finds that grounds for
challenge exist with respect to the arbitrator. |
(5) |
While a case relating to a challenge as prescribed
in paragraph (4) is pending before the court, the arbitral tribunal may
commence or continue the arbitral proceedings and make an arbitral award. |
Article 20. (Request for Removal)
Any party may request the court to decide on the removal of an arbitrator if
any of the following grounds exist. In such case, if the court finds that the
grounds for the request exist, it shall decide to remove the said arbitrator:
(i) |
if the arbitrator becomes de jure or de facto unable
to perform its functions; or |
(ii) |
for reasons other than those in the preceding item,
if the arbitrator fails to act without undue delay. |
Article 21. (Termination of an Arbitrator's Mandate)
(1) |
An arbitrator's mandate shall terminate upon the
occurrence of any of the following:
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(2) |
If, during the course of procedure for challenge
under the provisions of article 19, paragraphs (1) through (4), or removal
proceedings under the provisions of the preceding article, an arbitrator
withdraws from its office or is removed upon the agreement of the parties,
this alone does not imply the existence of any ground referred to in the
items in article 18, paragraph (1) or the items in the preceding article with
respect to the arbitrator. |
Article 22. (Appointment of Substitute
Arbitrator)
Unless otherwise agreed by the parties, where the mandate of an arbitrator
terminates under any of the grounds described in each item of paragraph (1) of
the preceding article, a substitute arbitrator shall be appointed according to
the rules that were applicable to the appointment of the arbitrator being
replaced.
Chapter IV: Special Jurisdiction of Arbitral Tribunal
Article 23. (Competence of Arbitral Tribunal to Rule on its Jurisdiction)
(1) |
The arbitral tribunal
may rule on assertions made in respect of the existence or validity of an
arbitration agreement or its own jurisdiction (which hereafter in this
article means its authority to conduct arbitral proceedings and to make
arbitral awards). |
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(2) |
A plea that the
arbitral tribunal does not have jurisdiction shall be raised promptly in the
case where the grounds for the assertion arise during the course of arbitral
proceedings, or in other cases before the time at which the first written
statement on the substance of the dispute is submitted to the arbitral
tribunal (including the time at which initial assertions on the substance of
the dispute are presented orally at an oral hearing). Provided, the arbitral
tribunal may admit a later plea if it considers the delay justified. |
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(3) |
A party may raise the
plea prescribed in the preceding paragraph even if it has appointed an
arbitrator, or made recommendations with respect to the appointment of an
arbitrator, or participated in any similar acts. |
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(4) |
The arbitral tribunal shall give the following
ruling or arbitral award, as the case may be, on a plea raised in accordance
with paragraph (2):
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(5) |
If the arbitral tribunal gives a preliminary
independent ruling that it has jurisdiction, any party may, within thirty
days of receipt of notice of such ruling, request the court to decide the
matter. In such an event, while such a request is pending before the court,
the arbitral tribunal may continue the arbitral proceedings and make an
arbitral award. |
Article 24. (Interim Measures of Protection)
(1) |
Unless otherwise agreed
by the parties, the arbitral tribunal may, at the request of a party, order
any party to take such interim measure of protection as the arbitral tribunal
may consider necessary in respect of the subject matter of the dispute. |
(2) |
The arbitral tribunal may order any party to provide
appropriate security in connection with such measure as prescribed in the
preceding paragraph. |
Chapter V: Commencement and Conduct of Arbitral Proceedings
Article 25. (Equal Treatment of Parties)
(1) |
The parties shall be
treated with equality in the arbitral proceedings. |
(2) |
Each party shall be given a full opportunity of
presenting its case in the arbitral proceedings. |
Article 26. (Rules of Procedure)
(1) |
The parties are free to
agree on the procedure to be followed by the arbitral tribunal in conducting
the arbitral proceedings. Provided, it shall not violate the provisions of
this Law relating to public policy. |
(2) |
Failing such agreement
as prescribed in the preceding paragraph, the arbitral tribunal may, subject
to the provisions of this Law, conduct the arbitral proceedings in such
manner as it considers appropriate. |
(3) |
Failing such agreement as prescribed in paragraph
(1), the power conferred upon the arbitral tribunal includes the power to
determine the admissibility, relevance, materiality and weight of any
evidence. |
Article 27. (Waiver of right to object)
Unless otherwise agreed by the parties, as to arbitral proceedings, a party who
knows that any provision of this Law or any arbitral proceedings rules agreed
upon by the parties (to the extent that none of these relate to public policy)
has not been complied with and yet fails to state its objection to such
non-compliance without delay (if a time limit by which objections should be
made is provided for, within such period of time), shall be deemed to have
waived its right to object.
Article 28. (Place of arbitration)
(1) |
The parties are free to
agree on the place of arbitration. |
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(2) |
Failing such agreement
as prescribed in the preceding paragraph, the place of arbitration shall be
determined by the arbitral tribunal having regard to the circumstances of the
case, including the convenience of the parties. |
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(3) |
Notwithstanding the place of arbitration determined
in accordance with the provisions of the preceding two paragraphs, the
arbitral tribunal may, unless otherwise agreed by the parties, carry out the
following procedures at any place it considers appropriate:
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Article 29. (Commencement of arbitral proceedings and interruption of limitation)
(1) |
Unless otherwise agreed
by the parties, the arbitral proceedings in respect of a particular civil
dispute commence on the date on which one party gave the other party notice
to refer that dispute to the arbitral proceedings. |
(2) |
A claim made in arbitral proceedings shall give rise
to an interruption of limitation. Provided, this shall not apply where the
arbitral proceedings have been terminated for a reason other than the
issuance of an arbitral award. |
Article 30. (Language)
(1) |
The parties are free to
agree on the language or languages to be used in the arbitral proceedings and
the proceedings to be conducted using that language or those languages. |
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(2) |
Failing such agreement
as prescribed in the preceding paragraph, the arbitral tribunal shall
determine the language or languages to be used in the arbitral proceedings
and the proceedings to be conducted using that language or those languages. |
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(3) |
Failing any designation of proceedings to be
conducted using the designated language or languages in the agreement
prescribed in paragraph (1) or the determination prescribed in the preceding
paragraph, the proceedings to be conducted using such language or languages
are as follows:
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(4) |
The arbitral tribunal may order that any documentary
evidence shall be accompanied by a translation into the language or languages
designated in the agreement as prescribed in paragraph (1) or the
determination prescribed in paragraph (2) (where designation has been made as
to the language or languages to be used for translation, such language or
languages). |
Article 31. (Time Restrictions on Parties' Statements)
(1) |
Within the period of
time determined by the arbitral tribunal, the claimant (which hereinafter
means the party that carried out the act to commence the arbitral
proceedings) shall state the relief or remedy sought, the facts supporting
its claim and the points at issue. In such case, the claimant may submit all
documentary evidence it considers to be relevant or may add a reference to
the documentary evidence or other evidence it will submit. |
(2) |
Within the period of
time determined by the arbitral tribunal, the respondent (which hereinafter
means any party to the arbitral proceedings other than the claimant) shall
state its defense in respect of the particulars stated according to the
provisions of the preceding paragraph. In such case, the provisions of the latter
part of the same paragraph shall apply. |
(3) |
Any party may amend or
supplement its statement during the course of the arbitral proceedings.
Provided, the arbitral tribunal may refuse to allow such amendment or
supplementation if made in delay. |
(4) |
The preceding three paragraphs shall not apply when
otherwise agreed by the parties. |
Article 32. (Procedure of the Hearing)
(1) |
The arbitral tribunal
may hold oral hearings for the presentation of evidence or for oral argument
by the parties. Provided, where a party makes an application for holding oral
hearings, including the request in article 34, paragraph (3), the arbitral
tribunal shall hold such oral hearings at an appropriate stage of the arbitral
proceedings. |
(2) |
The preceding paragraph
shall not apply when otherwise agreed by the parties. |
(3) |
When holding oral
hearings for the purposes of oral argument or inspection of goods, other
property or documents, the arbitral tribunal shall give sufficient advance
notice to the parties of the time and place for such hearings. |
(4) |
A party who supplied
written statements, documentary evidence or any other records to the arbitral
tribunal shall take necessary measures to ensure that the other party will be
aware of their contents. |
(5) |
The arbitral tribunal shall take necessary measures
to ensure that all parties will be aware of the contents of any expert report
or other evidence on which the arbitral tribunal may rely in making an
arbitral award or other rulings. |
Article 33. (Default of a Party)
(1) |
If the claimant
violates the provisions of article 31, paragraph (1), the arbitral tribunal
shall make a ruling to terminate the arbitral proceedings. Provided, this
shall not apply in the case where there is sufficient cause for the
violation. |
(2) |
If the respondent
violates the provisions of article 31, paragraph (2), the arbitral tribunal
shall continue the arbitral proceedings without treating such violation in
itself as an admission of the claimant's allegations. |
(3) |
If any party fails to
appear at an oral hearing or to produce documentary evidence, the arbitral
tribunal may make the arbitral award on the evidence before it that has been
collected up until such time. Provided, this shall not apply in the case
where there is sufficient cause with respect to the failure to appear at an
oral hearing or to produce documentary evidence. |
(4) |
The preceding three paragraphs shall not apply when
otherwise agreed by the parties. |
Article 34. (Expert Appointed by Arbitral Tribunal)
(1) |
The arbitral tribunal
may appoint one or more experts to appraise any necessary issues and to
report their findings in writing or orally. |
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(2) |
In the case of the preceding paragraph, the arbitral
tribunal may require a party to do the following acts:
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(3) |
If a party so requests
or if the arbitral tribunal considers it necessary, the expert shall, after
delivery of its report described in paragraph (1), participate in an oral
hearing. |
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(4) |
A party may carry out the following acts in the oral
hearing described in the preceding paragraph:
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(5) |
Each of the preceding paragraphs shall not apply
when otherwise agreed by the parties. |
Article 35. (Court Assistance in Taking Evidence)
(1) |
The arbitral tribunal
or a party may apply to a court for assistance in taking evidence by any
means that the arbitral tribunal considers necessary as entrustment of
investigation, examination of witnesses, expert testimony, investigation of
documentary evidence (excluding documents that the parties may produce in
person) or inspection (excluding that of objects the parties may produce in
person) prescribed in the Code of Civil Procedure. Provided, this shall not
apply in the case where the parties have agreed not to apply for all or some
of these means. |
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(2) |
In making the
application described in the preceding paragraph, the party shall obtain the
approval of the arbitral tribunal. |
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(3) |
Notwithstanding the provisions of article 5,
paragraph (1), only the following courts have jurisdiction over cases relating
to the application described in paragraph (1):
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(4) |
An immediate appeal may
be made against the decision regarding the application in paragraph (1). |
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(5) |
When the court carries
out the examination of evidence based on the application in paragraph (1),
the arbitrators may peruse the documents, inspect the objects and, with the
approval of the presiding judge, put questions to the witness or expert (as
prescribed in article 213 of the Code of Civil Procedure). |
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(6) |
The court clerk shall enter in the record the
matters concerning the examination of evidence carried out by the court
following the application prescribed in paragraph (1). |
Chapter VI: Arbitral Award and Termination of Arbitral Proceedings
Article 36 (Substantive Law to be Applied in Arbitral Award)
(1) |
The arbitral tribunal
shall decide the dispute in accordance with such rules of law as are agreed
by the parties as applicable to the substance of the dispute. In such case,
any designation of the law or legal system of a given State shall be
construed, unless otherwise expressed, as directly referring to the
substantive law of that State and not to its conflict of laws rules. |
(2) |
Failing agreement as
provided in the preceding paragraph, the arbitral tribunal shall apply the
substantive law of the State with which the civil dispute subject to the
arbitral proceedings is most closely connected. |
(3) |
Notwithstanding the
provisions prescribed in the preceding two paragraphs, the arbitral tribunal
shall decide ex aequo et bono only if the parties have expressly authorized
it to do so. |
(4) |
Where there is a contract relating to the civil
dispute subject to the arbitral proceedings, the arbitral tribunal shall
decide in accordance with the terms of such contract and shall take into
account the usages, if any, that may apply to the civil dispute. |
Article 37. (Proceedings by Panel of Arbitrators)
(1) |
An arbitral tribunal
with more than one arbitrator shall elect a presiding arbitrator from among
all its members. |
(2) |
Any decision of the
arbitral tribunal shall be made by a majority of all its members. |
(3) |
Notwithstanding the
provisions prescribed in the preceding paragraph, procedural matters in
arbitral proceedings may be decided by the presiding arbitrator, if so
authorized by the parties or all other members of the arbitral tribunal. |
(4) |
The provisions of the preceding three paragraphs
shall not apply when otherwise agreed by the parties. |
Article 38. (Settlement)
(1) |
If, during arbitral
proceedings, the parties settle the civil dispute subject to the arbitral
proceedings and the parties so request, the arbitral tribunal may make a
ruling on agreed terms. |
(2) |
The ruling as provided
for in the preceding paragraph shall have the same effect as an arbitral
award. |
(3) |
The ruling as provided
for in paragraph (1) shall be made in writing in accordance with paragraphs
(1) and (3) of the following article and shall state that it is an arbitral
award. |
(4) |
An arbitral tribunal or
one or more arbitrators designated by it may attempt to settle the civil
dispute subject to the arbitral proceedings, if consented to by the parties. |
(5) |
Unless otherwise agreed by the parties, the consent
provided for in the preceding paragraph or its withdrawal shall be made in
writing. |
Article 39. (Arbitral Award)
(1) |
The arbitral award
shall be made in writing and shall be signed by the arbitrators who made it.
Provided, in arbitral proceedings with more than one arbitrator, the
signatures of the majority of all members of the arbitral tribunal shall
suffice, if the reason for any omitted signature is stated. |
(2) |
The arbitral award
shall state the reasons upon which it is based. Provided, this shall not
apply when otherwise agreed by the parties. |
(3) |
The arbitral award
shall state its date and place of arbitration. |
(4) |
The arbitral award
shall be deemed to have been made at the place of arbitration. |
(5) |
After the arbitral
award is made, the arbitral tribunal shall notify each party of the arbitral
award by sending a copy of the arbitral award signed by the arbitrators. |
(6) |
The proviso of paragraph (1) shall apply to the copy
of the arbitral award described in the preceding paragraph. |
Article 40. (Termination of Arbitral Proceedings)
(1) |
The arbitral
proceedings are terminated by the arbitral award or by a ruling to terminate
the arbitral proceedings. |
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(2) |
Other than rulings based on the provisions of
article 23, paragraph (4), item (ii) or article 33, paragraph (1), the
arbitral tribunal shall issue a ruling to terminate arbitral proceedings in
the case where any of the following grounds exists:
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(3) |
The mandate of the arbitral tribunal terminates with
the termination of the arbitral proceedings. Provided, the acts prescribed in
the provisions of articles 41 through 43 may be made. |
Article 41. (Correction of Arbitral Award)
(1) |
The arbitral tribunal
may upon request of a party or by its own authority correct any errors in
computation, any clerical or typographical errors or any errors of similar
nature in the arbitral award. |
(2) |
Unless otherwise agreed
by the parties, the request described in the preceding paragraph shall be
made within thirty days of the receipt of the notice of the arbitral award. |
(3) |
When making the request
described in paragraph (1), a party shall issue advance or simultaneous
notice to the other party stating the content of the request. |
(4) |
The arbitral tribunal
shall make a ruling with respect to the request described in paragraph (1)
within thirty days of such request. |
(5) |
The arbitral tribunal
may extend, if it considers it necessary, the period of time provided for in
the preceding paragraph. |
(6) |
The provisions of article 39 shall apply to any
ruling to correct the arbitral award or any ruling to dismiss the request in
paragraph (1). |
Article 42. (Interpretation of Arbitral Award by Arbitral Tribunal)
(1) |
A party may request the
arbitral tribunal to give an interpretation of a specific part of the
arbitral award. |
(2) |
The request described
in the preceding paragraph may be made only if so agreed by the parties. |
(3) |
The provisions of paragraphs (2) and (3) of the
preceding article shall apply to the request described in paragraph (1) and
the provisions of article 39 and paragraphs (4) and (5) of the preceding
article shall apply to any rulings made with respect to the request described
in paragraph (1). |
Article 43. (Additional Arbitral Award)
(1) |
Unless otherwise agreed
by the parties, a party may request the arbitral tribunal to make an arbitral
award as to claims presented in the arbitral proceedings but omitted from the
arbitral award. In such case, the provisions of article 41, paragraphs (2) and
(3) shall apply. |
(2) |
The arbitral tribunal
shall make a ruling with respect to the request described in the preceding
paragraph within sixty days of such request. In such case, the provisions of
article 41, paragraph (5) shall apply. |
(3) |
The provisions of article 39 shall apply to the
ruling described in the preceding paragraph. |
Chapter VII: Setting Aside of Arbitral Award
Article 44.
(1) |
A party may apply to a court to set aside the
arbitral award when any of the following grounds are present:
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(2) |
The application
described in the preceding paragraph may not be made after three months have
elapsed from the date on which the party making the application had received
the notice by the sending of a copy of the arbitral award (including the
document constituting the ruling of the arbitral tribunal described in the
provisions of articles 41 through 43), or after an enforcement decision under
article 46 has become final and conclusive. |
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(3) |
Even where the case for
application described in paragraph (1) falls within its jurisdiction, a court
may, upon request or by its own authority, if it finds it appropriate,
transfer all or a part of said case to another competent court. |
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(4) |
An immediate appeal may
be filed against a decision made under the provisions of article 5, paragraph
(3) or the preceding paragraph regarding the case for application described
in paragraph (1). |
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(5) |
A court may not make a
decision with respect to the application described in paragraph (1), unless
and until an oral hearing or oral proceeding at which the parties can attend
was held. |
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(6) |
Where an application is
made under paragraph (1), an arbitral award may be set aside by the court in
the event that it finds any of the grounds described in each of the items
under the same paragraph to be present (with respect to the grounds described
in items (i) through (vi) of the same paragraph, this shall be limited to
where the party making the application has proved the existence of such
grounds). |
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(7) |
Where the ground
described in paragraph (1), item (v) is present, and where the part relating
to matters prescribed in the same item can be separated from the arbitral
award, only that part of the arbitral award may be set aside by the court. |
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(8) |
An immediate appeal may be filed against the
decision regarding the application in paragraph (1). |
Chapter VIII: Recognition and Enforcement Decision of Arbitral Award
Article 45. (Recognition of Arbitral Award)
(1) |
An arbitral award
(irrespective of whether or not the place of arbitration is in the territory
of Japan; this shall apply throughout this chapter) shall have the same
effect as a final and conclusive judgment. Provided, an enforcement based on
the arbitral award shall be subject to an enforcement decision pursuant to
the provisions of the following article. |
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(2) |
The provisions of the preceding paragraph do not
apply in the case where any of the following grounds are present (with
respect to the grounds described in items (i) through (vii), this shall be
limited to where either of the parties has proven the existence of the ground
in question):
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(3) |
Where the ground described in item (v) of the
preceding paragraph is present, and where the part relating to matters
described in the same item can be separated from the arbitral award, said
part and any other parts in the arbitral award shall be deemed separate
independent arbitral awards and the provisions of the preceding paragraph
shall apply accordingly. |
Article 46. (Enforcement Decision of Arbitral Award)
(1) |
A party seeking
enforcement based on the arbitral award may apply to a court for an
enforcement decision (which hereinafter means a decision authorizing
enforcement based on an arbitral award) against the debtor as counterparty. |
(2) |
The party making the
application described in the preceding paragraph shall supply a copy of the
arbitral award, a document certifying that the content of said copy is
identical to the arbitral award, and a Japanese translation of the arbitral
award (except where made in Japanese). |
(3) |
If an application for
setting aside or suspension of an arbitral award has been made to the court
as described in paragraph (2), item (vii) of the preceding article, the court
where the application described in paragraph (1) has been made may, if it
considers it necessary, suspend proceedings relating to the application
described in paragraph (1). In such case, the court may, upon request of the
party who made the application described in the same paragraph, order the
other party to provide security. |
(4) |
The case for
application described in paragraph (1) shall be, notwithstanding the
provisions of article 5, paragraph (1), subject only to the jurisdiction of
the courts cited in each of the items of the same paragraph and a district
court with jurisdiction over the location of the object of the claim or the
debtor's seizable assets. |
(5) |
Even where the case for
application described in paragraph (1) falls within its jurisdiction, a court
may, upon request or by its own authority, if it finds it appropriate,
transfer all or a part of said case to another competent court. |
(6) |
An immediate appeal may
be filed against a decision made under the provisions of article 5, paragraph
(3) or the preceding paragraph regarding the case for application described
in paragraph (1). |
(7) |
The court shall, except
where it dismisses the application described in paragraph (1) pursuant to the
provisions of the following paragraph or paragraph (9), issue an enforcement
decision. |
(8) |
The court may dismiss
the application described in paragraph (1) only when it finds any of the
grounds described in each of the items under paragraph (2) of the preceding
article present (with respect to the grounds described in items (i) through
(vii) of the same paragraph, this shall be limited to where the counterparty
has proved the existence of the ground in question). |
(9) |
The provisions of
paragraph (3) of the preceding article shall apply with respect to the
application of the provisions of the preceding paragraph in the event that
the ground described in paragraph (2), item (v) of the same article is
present. |
(10) |
The provisions of article 44, paragraphs (5) and (8)
shall apply with respect to decisions regarding the application described in
paragraph (1). |
Chapter IX: Miscellaneous
Article 47. (Remuneration of Arbitrators)
(1) |
The arbitrators may
receive remuneration in accordance with the agreement of the parties. |
(2) |
Failing an agreement as described in the preceding
paragraph, the arbitral tribunal shall determine the remuneration of the
arbitrators. In such case, the remuneration shall be for an appropriate
amount. |
Article 48. (Deposit for the Costs of the Arbitral Proceedings)
(1) |
Unless otherwise agreed
by the parties, the arbitral tribunal may order that the parties deposit an
amount determined by the arbitral tribunal as the roughly estimated amount
for costs of the arbitral proceedings within the appropriate period of time
determined by the arbitral tribunal. |
(2) |
Where such deposits, as ordered under the provisions
of the preceding paragraph, have not been made, unless otherwise agreed by
the parties, the arbitral tribunal may suspend or terminate the arbitral
proceedings. |
Article 49. (Apportionment of the Costs of the Arbitral Proceedings)
(1) |
The costs disbursed by
the parties with respect to the arbitral proceedings shall be apportioned
between the parties in accordance with the agreement of the parties. |
(2) |
Failing an agreement as
described in the preceding paragraph, each party shall bear the costs it has
disbursed with respect to the arbitral proceedings. |
(3) |
In accordance with the
agreement of the parties, if any, the arbitral tribunal may, in an arbitral
award or in an independent ruling, determine the apportionment between the
parties of the costs disbursed by the parties with respect to the arbitral
proceedings and the amount that one party should reimburse to the other party
based thereon. |
(4) |
If the matters
described in the preceding paragraph have been determined in an independent
ruling, such ruling shall have the same effect as an arbitral award. |
(5) |
The provisions of article 39 shall apply to the
ruling described in the preceding paragraph. |
Chapter X: Penalties
Article 50. (Acceptance of Bribe; Acceptance with Request; Acceptance in
Advance of Assumption of Office)
(1) |
An arbitrator who
accepts, demands or promises to accept a bribe in relation to its duty shall
be punished by imprisonment with labor for not more than five years. In such
case, when the arbitrator agrees to do an act in response to a request,
imprisonment with labor for not more than seven years shall be imposed. |
(2) |
When a person to be appointed an arbitrator accepts,
demands or promises to accept a bribe in relation to the duty to assume with
agreement to do an act in response to a request, imprisonment with labor for
not more than five years shall be imposed in the event of appointment. |
Article 51. (Bribe to Third Person)
When an arbitrator with agreement to do an act in response to a request, causes
a bribe in relation to its duty to be given to a third person or demands or
promises such bribe to be given to a third person, imprisonment with labor for
not more than five years shall be imposed.
Article 52. (Aggravated Acceptance; Acceptance after Resignation of
Office)
(1) |
When an arbitrator
commits a crime described in the preceding two articles and consequently acts
illegally or refrains from acting in the exercise of its duty, imprisonment
labor for a definite term of not less than one year shall be imposed. |
(2) |
The provisions of the
preceding paragraph shall apply when an arbitrator accepts, demands or
promises to accept a bribe, or cause a bribe to be given to a third person or
demands or promises a bribe to be given to a third person, in relation to
having acted illegally or refrained from acting in the exercise of its duty. |
(3) |
When a person who was an arbitrator accepts, demands
or promises to accept a bribe in relation to having acted illegally or
refrained from acting in the exercise of its duty during its tenure as an
arbitrator with agreement thereof in response to a request, imprisonment with
labor for not more than five years shall be imposed. |
Article 53. (Confiscation and Collection of Equivalent Value)
A bribe accepted by an offender or by a third person with such knowledge shall
be confiscated. When the whole or a part of the bribe cannot be confiscated, a
sum of money equivalent thereto shall be collected.
Article 54. (Giving a Bribe)
A person who gives, offers or promises to give a bribe as provided for in
articles 50 through 52 shall be punished by imprisonment with labor for not
more than three years or a fine of not more than two million five hundred
thousand yen.
Article 55. (Crimes Committed outside Japan)
(1) |
The provisions of
articles 50 through 53 shall apply to an offender who commits any of the
crimes described in articles 50 through 52 outside Japan. |
(2) |
The crime described in the preceding article shall
be treated in the same manner as provided in article 2 of the Criminal Code
[Law No. 45 of 1907]. |
Supplementary Provisions
Article 1. (Date of Enforcement)
This Law shall come into force from the date which shall be fixed by a Cabinet
Order no later than nine months from the date of the promulgation of this Law.
Article 2. (Transitory Measures Relating to Form of Arbitration
Agreement)
The existing Law shall apply to the form for arbitration agreements which have
been made prior to the enforcement of this Law.
Article 3. (Exception Relating to Arbitration Agreements Concluded
between Consumers and Businesses)
(1) |
For the time being
until otherwise enacted, any arbitration agreements (excluding arbitration
agreements described in the following article; hereafter in this article
referred to as the "consumer arbitration agreement") concluded
between consumers (which hereafter in this article shall mean consumers as
described in article 2, paragraph (1) of the Consumer Contract Act [Law No.
61 of 2000]) and businesses (which hereafter in this article shall mean
businesses as described in article 2, paragraph (2) of the same law)
subsequent to the enforcement of this Law, the subject of which constitutes
civil disputes that may arise between them in the future, shall follow the
provisions described in paragraphs (2) through (7). |
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(2) |
A consumer may cancel a
consumer arbitration agreement. Provided, this shall not apply in the event
that the consumer is a claimant in arbitral proceedings based on the consumer
arbitration agreement. |
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(3) |
In the case where a
business is the claimant in arbitral proceedings based on a consumer
arbitration agreement, following the constitution of an arbitral tribunal the
business shall request without delay that an oral hearing be conducted under
the provisions of article 32, paragraph (1). In such case the arbitral
tribunal shall make a ruling to carry out the oral hearing and notify the
parties of the date, time and place therefor. |
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(4) |
The arbitral tribunal
shall carry out the oral hearing described in the preceding paragraph prior
to any other proceedings in the arbitral proceedings. |
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(5) |
Notice to the party who is a consumer based on the
provisions of paragraph (3) shall be made by the sending of a document
stating the following matters. In such case, the arbitral tribunal shall make
every effort to use as simple an expression as possible with respect to
matters described in items (ii) through (v):
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(6) |
On the day of the oral
hearing described in paragraph (3), the arbitral tribunal shall explain the
matters described in items (ii) through (iv) of the preceding paragraph
orally to the party who is a consumer. In such case, where the party does not
express an intent to waive its right of cancellation described in paragraph
(2), said party shall be deemed to have cancelled the consumer arbitration
agreement. |
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(7) |
In the event that the party who is a consumer fails
to appear on the date of the oral hearing described in paragraph (3), said
party shall be deemed to have cancelled the consumer arbitration agreement. |
Article 4. (Exception Relating to Arbitration Agreements Concerning
Individual Labor-related Disputes)
For the time being until otherwise enacted, any arbitration agreements
concluded following the enforcement of this Law, the subject of which
constitutes individual labor-related disputes (which means individual
labor-related disputes as described in article 1 of the Law on Promoting the
Resolution of Individual Labor Disputes [Law No.112 of 2001]) that may arise in
the future, shall be null and void.
Article 5. (Transitional Measures Relating to Arbitral Proceedings)
Arbitral proceedings commenced prior to the enforcement of this Law and
proceedings conducted by a court relating to such arbitral proceedings
(excluding proceedings commenced after the issuance of an arbitral award) shall
follow the existing Law.
Article 6. (Transitional Measures Relating to Lawsuits for the Challenge
against Arbitrators)
In addition to the provisions in the preceding article, the existing Law shall
apply to suits for challenges against arbitrators brought prior to the
enforcement of this Law.
Article 7. (Transitional Measures Relating to the Request for the
Challenge against Arbitrators to the Arbitral Tribunal)
In addition to the provisions of the preceding two articles, with respect to
the request of the provisions of article 19, paragraph (3) in the case where
the parties, prior to the enforcement of this Law, were aware of the fact that
an arbitral tribunal had been formed and of the existence of any of the grounds
referred to in any of the items of article 18, paragraph (1) for any
arbitrator, the words "the later of either the day on which it became
aware of the constitution of the arbitral tribunal or the day on which it
became aware of any circumstance referred to in any item of paragraph (1) of
the preceding article" in article 19, paragraph (3) shall be read as
"the date on which this Law came into force".
Article 8. (Transitional Measures Relating to the Force and Effect of
Arbitral Awards)
In the case where an arbitral award had been issued prior to the enforcement of
this Law, its deposit to a court, its force and effect, suits to set it aside,
and enforcement based thereon, shall follow the existing Law.
Article 9 through 22 [Omitted]
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