Chapter VI Arbitral Award and End of Arbitration Procedure
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Chapter VI Arbitral Award and End of Arbitration Procedure第六章 仲裁判断及び仲裁手続の終了
Article 38第三十八条
Applicable Law to be Applied in Arbitral Award（仲裁判断において準拠すべき法）
Article 38, paragraph (1)（仲裁判断において準拠すべき法）
The laws which the arbitral tribunal should comply with in making an arbitral award are as provided by the agreement of the parties. In this case, if laws and regulations of a given State have been designated, that designation is deemed not to designate the laws and regulations of the State providing the application of conflicting domestic and foreign laws and regulations but rather the laws and regulations of the State which are to be directly applied to the case, unless a contrary intention has been clearly indicated.
If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal must apply the laws and regulations of a State which has the closest relationship to the civil dispute that has been referred to the arbitration procedure and which should be directly applied to the case.
Notwithstanding the provisions of the preceding two paragraphs, if both parties have stated a clear request, the arbitral tribunal is to decide ex aequo et bono.
An arbitral tribunal must make decisions in accordance with the terms of the contract related to the civil dispute which has been referred to the arbitral procedure, if the contract exists, and take into account the practices applicable to the relevant civil dispute, if any practices exist.
An arbitral tribunal which is a panel must appoint a presiding arbitrator, who is to be elected from among the arbitral tribunal members.
合議体である仲裁廷は、仲裁人の互選により、仲裁廷の長である仲裁人を選任しなければならない。
Article 39, paragraph (2)（合議体である仲裁廷の議事）
The decision of an arbitral tribunal which is a panel is made by the majority of the arbitrators constituting the arbitral tribunal.
合議体である仲裁廷の議事は、仲裁廷を構成する仲裁人の過半数で決する。
Article 39, paragraph (3)（合議体である仲裁廷の議事）(Decision of the Arbitral Tribunal Which is a Panel)Changed
Notwithstanding the provisions of the preceding paragraph, the procedural matters in an arbitration procedure may be decided by the arbitrator who is the presiding arbitrator of the arbitral tribunal, if agreed to by both of the parties or delegated by all the other arbitrators.
The provisions of the preceding three paragraphs do not apply if otherwise agreed by the parties.
前三項の規定は、当事者間に別段の合意がある場合には、適用しない。
Article 40第四十条
Settlement（和解）
Article 40, paragraph (1)（和解）
During the course of the arbitration procedure, if a settlement is arranged between the parties with regard to a civil dispute which has been referred to an arbitration procedure and both the parties have so petitioned, the arbitral tribunal may make a decision based on the agreed matters in the settlement.
The decision referred to in the preceding paragraph has the effect of an arbitral award.
前項の決定は、仲裁判断としての効力を有する。
Article 40, paragraph (3)（和解）
In making the decision referred to in paragraph (1), an arbitral tribunal must prepare a written decision in accordance with the provisions of paragraphs (1) and (3) of the following Article and indicate that the written decision is an arbitral award.
If the consent of both parties has been obtained, an arbitral tribunal or one or more arbitrators who have been appointed by the arbitral tribunal may attempt to arrange a settlement for the civil dispute which has been referred to an arbitral procedure.
The consent referred to in the preceding paragraph or the revocation of the consent must be made in writing, unless otherwise agreed by the parties.
前項の承諾又はその撤回は、当事者間に別段の合意がない限り、書面でしなければならない。
Article 41第四十一条
Written Arbitral Award（仲裁判断書）
Article 41, paragraph (1)（仲裁判断書）
For an arbitral award to be made, a written arbitral award must be prepared and signed by the arbitrators who have made the arbitral award; provided, however, that if the arbitral tribunal is a panel, it will be sufficient that the written arbitral award is signed by the majority of the arbitrators constituting the arbitral tribunal and states the reasons for the signatures of other arbitrators being omitted.
A written arbitral award must state the date of the preparation and the place of arbitration.
仲裁判断書には、作成の年月日及び仲裁地を記載しなければならない。
Article 41, paragraph (4)（仲裁判断書）
An arbitral award is deemed to have been made at the place of arbitration.
仲裁判断は、仲裁地においてされたものとみなす。
Article 41, paragraph (5)（仲裁判断書）
If an arbitral award has been made, the arbitral tribunal must notify each party of the arbitral award by sending a copy of the written arbitral award signed by the arbitrators.
The provisions of the proviso to paragraph (1) apply mutatis mutandis to the copy of the written arbitral award referred to in the preceding paragraph.
An arbitration procedure ends when an arbitral award or a decision to end the arbitration procedure has been made.
仲裁手続は、仲裁判断又は仲裁手続の終了決定があったときに、終了する。
Article 42, paragraph (2)（仲裁手続の終了）(End of Arbitration Procedure)Changed
Beyond what is provided for in the provisions of Article 2325, paragraph (4), item (ii) or Article 3335, paragraph (1), if any of the following grounds exist, an arbitral tribunal must make a decision to end the arbitration procedure:
if the arbitration petitioner has withdrawn their petition; provided, however, that this does not apply to cases in which the arbitration respondent has stated their objection against the withdrawal, and the arbitral tribunal recognizes a legitimate interest on the part of the arbitration respondent in resolving the civil dispute which has been referred to an arbitration procedure;
if both the parties have reached an agreement to end the arbitral procedure;
当事者双方が仲裁手続を終了させる旨の合意をしたとき。
Article 42, paragraph (2), item (iii)（仲裁手続の終了）(End of Arbitration Procedure)Changed
if a settlement has been arranged between the parties in regard to the civil dispute which has been referred to an arbitration procedure (excluding the case in which the decision referred to in Article 3840, paragraph (1) has been made); and
beyond the cases set forth in the preceding three items, if the arbitral tribunal has found that it is unnecessary or impossible to continue the arbitration procedure.
Article 42, paragraph (3)（仲裁手続の終了）(End of Arbitration Procedure)Changed
When the arbitration procedure has ended, the duties of the arbitral tribunal end; provided, however, that the acts under the following Article through Article 4345 may be carried out.
An arbitral tribunal may correct any miscalculation, clerical error or any other error similar to them in the arbitral award, upon the petition of the parties or on its own initiative.
The petition referred to in the preceding paragraph must be filed within 30 days from the date of receipt of the notice of arbitral award, unless otherwise agreed by the parties.
If the party makes a petition referred to in paragraph (1), they must issue a notice containing the contents of the petition to the other party, in advance of or at the same time as the petition.
The arbitral tribunal must make a decision on the petition referred to in paragraph (1) within 30 days from the date of that petition.
仲裁廷は、第一項の申立ての日から三十日以内に、当該申立てについての決定をしなければならない。
Article 43, paragraph (5)（仲裁判断の訂正）
If it finds it necessary, the arbitral tribunal may extend the period referred to in the preceding paragraph.
仲裁廷は、必要があると認めるときは、前項の期間を延長することができる。
Article 43, paragraph (6)（仲裁判断の訂正）(Correction of Arbitral Award)Changed
The provisions of Article 3941 apply mutatis mutandis to the decision to correct the arbitral award and the decision to dismiss the petition referred to in paragraph (1) without prejudice.
The parties may petition the arbitral tribunal to give an interpretation of a specific part of the arbitral award.
当事者は、仲裁廷に対し、仲裁判断の特定の部分の解釈を求める申立てをすることができる。
Article 44, paragraph (2)（仲裁廷による仲裁判断の解釈）
The petition referred to in the preceding paragraph may be filed only if an agreement has been reached between the parties that the petition may be filed.
Article 44, paragraph (3)（仲裁廷による仲裁判断の解釈）(Interpretation of Arbitral Award by Arbitral Tribunal)Changed
The provisions of the preceding Article, paragraphs (2) and (3) apply mutatis mutandis to the petition referred to in paragraph (1), and the provisions of Article 3941 and the preceding Article, paragraphs (4) and (5) apply mutatis mutandis to the decision on the petition referred to in paragraph (1).
If the award regarding a petition in an arbitration procedure is not stated in the arbitral award, the parties may petition the arbitral tribunal to make an arbitral award regarding the petition, unless otherwise agreed by the parties. In this case, the provisions of Article 4143, paragraphs (2) and (3) apply mutatis mutandis.
The arbitral tribunal must make a decision on the petition referred to in the preceding paragraph within 60 days from the date of the petition. In this case, the provisions of Article 4143, paragraph (5) apply mutatis mutandis.
The provisions of Article 3941 apply mutatis mutandis to the decision referred to in the preceding paragraph.
第三十九条第四十一条の規定は、前項の決定について準用する。
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An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
For an arbitral award to be made, a written arbitral award must be prepared and signed by the arbitrators who has made the arbitral award; provided, however, that if the arbitral tribunal is a panel, it will be sufficient that the written arbitral award is signed by the majority of the arbitrators constituting the arbitral tribunal and states the reasons for the signatures of other arbitrators being omitted.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 15 of 2023 (令和五年法律第十五号)
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
beyond the cases set forth in the preceding three paragraphs, if the arbitral tribunal has found that it is unnecessary or impossible to continue the arbitration procedure.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 15 of 2023 (令和五年法律第十五号)
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If the party makes a petition referee to in paragraph (1), they must issue a notice containing the contents of the petition to the other party, in advance of or at the same time as the petition.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 15 of 2023 (令和五年法律第十五号)
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
An amending law usually leaves every article's number alone: a new article takes a branch number such as Article 32-2, and a repealed one leaves 削除 (Deleted) at its number. Sometimes it moves a run of articles to new numbers instead — 繰下げ (moving them down) to make room, or 繰上げ (moving them up) to close a gap. The words of a moved article need not change, but books, court decisions and contracts written before cite it by its old number. This site marks a moved article with the number it had before the amendment: Act No. 53 of 2023 (令和五年法律第五十三号) makes Article 55 of the Act on Land and Building Leases (借地借家法) Article 58.
The Ministry of Justice's English of this passage has a slip, so the English shown is this site's correction of it. The Ministry printed:
If the award regarding a petition in an arbitration procedure is not stated in the arbitral award, the parties may petition the arbitral tribunal to make an arbitral regarding the petition, unless otherwise agreed by the parties. In this case, the provisions of Article 41, paragraphs (2) and (3) apply mutatis mutandis.
Japanese Law Translation, Ministry of Justice
Translates the law as amended by Act No. 15 of 2023 (令和五年法律第十五号)