Chapter VIII Recognition and Enforceability Order of Arbitral Award (Articles 47 to 48)
The law as Act on the Arrangement of Related Acts to Promote the Use of Information and Communications Technology in Civil Procedures, etc. (Act No. 53 of 2023) leaves it, with the words it changes marked.
The main text is read a page at a time: a chapter to a page, and a long chapter in runs of articles. The whole main text, and the supplementary provisions and appended tables this amendment changes. Those it leaves untouched are on the page for the text in force.
Chapter VIII Recognition and Enforceability Order of Arbitral Award第八章 仲裁判断の承認及び執行決定等
Article 47第四十七条
Recognition of Arbitral Award(仲裁判断の承認)
Article 47, paragraph (1)(仲裁判断の承認)
An arbitral award (irrespective of whether or not the place of arbitration is in Japan; hereinafter the same applies in this Chapter) has the same effect as a final and binding judgment; provided, however, that a civil enforcement based on the arbitral award requires an enforceability order under the following Article.
The provisions of the preceding paragraph do not apply if any of the following grounds exist (for the grounds stated in items (i) through (vii), limited to the case in which any of the parties has proved the existence of the grounds):
the arbitration agreement is not valid due to the limitation on the legal capacity of a party;
仲裁合意が、当事者の行為能力の制限により、その効力を有しないこと。
Article 47, paragraph (2), item (ii)(仲裁判断の承認)
the arbitration agreement is not valid on grounds other than the limitation on the legal capacity of a party pursuant to the laws and regulations designated by the agreement of the parties as those which should be applied to the arbitration agreement (or if the designation has not been made, pursuant to the laws and regulations of the country to which the place of arbitration belongs);
the party did not receive the notice that is required pursuant to the laws and regulations of the country to which the place of arbitration belongs (or if the parties have reached an agreement on the matters concerning the provisions unrelated to public order in those laws and regulations, pursuant to the agreement) in the procedure of appointing arbitrators or in the arbitration procedure;
the party was unable to conduct a defense in the arbitration procedure;
当事者が、仲裁手続において防御することが不可能であったこと。
Article 47, paragraph (2), item (v)(仲裁判断の承認)
the arbitral award contains a decision concerning matters beyond the scope of the arbitration agreement or of a petition in the arbitration procedure;
仲裁判断が、仲裁合意又は仲裁手続における申立ての範囲を超える事項に関する判断を含むものであること。
Article 47, paragraph (2), item (vi)(仲裁判断の承認)
the composition of the arbitral tribunal or the arbitration procedure is in violation of the laws and regulations of the country to which the place of arbitration belongs (or if the parties have reached an agreement concerning the matters concerning the provisions unrelated to public order in those laws and regulations, in violation of the agreement);
the arbitral award is not final and binding, or the arbitral award has been set aside or its effect has been suspended by a judicial body of that country, according to the laws and regulations of the country to which the place of arbitration belongs (or if the laws and regulations applied to the arbitration procedure are laws and regulations of a country other than the country to which the place of arbitration belongs, according to the laws and regulations of the other country);
the petition filed in the arbitration procedure is concerned with a dispute which may not be subject to an arbitration agreement pursuant to the provisions of Japanese laws and regulations; or
the content of the arbitral award is contrary to public policy in Japan.
仲裁判断の内容が、日本における公の秩序又は善良の風俗に反すること。
Article 47, paragraph (3)(仲裁判断の承認)
If the grounds stated in item (v) of the preceding paragraph exist, and the part concerning the matters provided for in that item can be separated from the other parts of the arbitral award, the relevant part and the other parts of the arbitral award are respectively deemed to be independent arbitral awards, and the provisions of the paragraph apply.
A party that intends to process a civil enforcement based on an arbitral award may file a petition with the court for an enforceability order (meaning an order allowing the civil enforcement based on an arbitral award; the same applies hereinafter), designating the obligor as the respondent.
Article 48, paragraph (2)(仲裁判断の執行決定)(Enforceability Order of Arbitral Award)Changed
In filing the petition referred to in the preceding paragraph, the party must submit a copy of the written arbitral award, a document proving that the content of the copy is the same as that of the written arbitral award, and a Japanese translation of the written arbitral award (excluding one prepared in Japanese; hereinafter the same applies in this paragraph)the following documents or electronic or magnetic records; provided, however, that if the court finds it appropriate, after hearing the opinions of the respondent the court may decide not to require the submission of the Japanese translation of the stated in item (iii) or the electronic or magnetic record recording the content of the translation for the whole or part of the written arbitral award.:
Article 48, paragraph (2), item (i)(仲裁判断の執行決定)(Enforceability Order of Arbitral Award)Added
a copy of the written arbitral award or an electronic or magnetic record recording the matters stated in the written arbitral award;
仲裁判断書の写し又は仲裁判断書に記載された事項を記録した電磁的記録
Article 48, paragraph (2), item (ii)(仲裁判断の執行決定)(Enforceability Order of Arbitral Award)Added
a document or electronic or magnetic record proving that the content of the copy or electronic or magnetic record stated in the preceding item is the same as that of the written arbitral award; and
前号に掲げる写し又は電磁的記録の内容が仲裁判断書と同一であることを証明する文書又は電磁的記録
Article 48, paragraph (2), item (iii)(仲裁判断の執行決定)(Enforceability Order of Arbitral Award)Added
a Japanese translation of the written arbitral award (excluding one prepared in Japanese) or an electronic or magnetic record recording the content of the translation.
仲裁判断書(日本語で作成されたものを除く。)の日本語による翻訳文又は翻訳の内容を記録した電磁的記録
Article 48, paragraph (3)(仲裁判断の執行決定)
If a petition for setting aside the arbitral award or suspending its effect is filed with the judicial body provided for in the preceding Article, paragraph (2), item (vii) and the court with which the petition referred to in paragraph (1) is filed finds it necessary to do so, the court may suspend the procedure related to the petition referred to in paragraph (1). In this case, the court may order the respondent to provide security, upon the petition of the person that filed the petition referred to in the paragraph.
Notwithstanding the provisions of Article 5, paragraphs (1) and (2), the case subject to the petition referred to in paragraph (1) is under the exclusive jurisdiction of the following courts:
the courts set forth in the items of Article 5, paragraph (1);
第五条第一項各号に掲げる裁判所
Article 48, paragraph (4), item (ii)(仲裁判断の執行決定)
the district court which has jurisdiction over the location of the subject matter of the claim or the seizable property of the respondent; and
請求の目的又は差し押さえることができる被申立人の財産の所在地を管轄する地方裁判所
Article 48, paragraph (4), item (iii)(仲裁判断の執行決定)
the Tokyo District Court and the Osaka District Court (limited to the cases in which the place of arbitration, the location of the general venue of the respondent, or the location of the subject matter of the claim or the seizable property of the respondent is in Japan).
An immediate appeal may be filed against the decision under Article 5, paragraph (4) or (5) with regard to a case related to the petition referred to in paragraph (1).
The court is required to make an enforceability order, except the case in which it dismisses the petition referred to in paragraph (1) without prejudice pursuant to the provisions of the following paragraph or paragraph (8).
If the petition referred to in paragraph (1) has been filed, the court may dismiss the petition without prejudice only when it finds that any of the grounds stated in the items of paragraph (2) of the preceding Article exist (for the grounds stated in items (i) through (vii) of that paragraph, limited to the case in which the respondent has proved the existence of the grounds).
The provisions of paragraph (3) of the preceding Article apply mutatis mutandis to the application of the provisions of the preceding paragraph if the grounds stated in the Article, paragraph (2), item (v) exist.
Article 48, paragraph (9)(仲裁判断の執行決定)(Enforceability Order of Arbitral Award)Changed
The provisions of Article 4446, paragraphs (4) and (7) apply mutatis mutandis to the decision concerning the petition referred to in paragraph (1).
第四十四条第四十六条第四項及び第七項の規定は、第一項の申立てについての決定について準用する。
Change 1 of 5
Copy link
Coming into force施行
The day a law or an amendment starts to apply. It is often months or years after promulgation, so that people have time to prepare. The Ministry of Justice's English usually says a law "comes into force" or "comes into effect", and sometimes calls the day its "enforcement date". Its "enforcement" more often means the word's other sense, carrying a law out, as in an Order for Enforcement (施行令), the Cabinet Order (政令) that sets out the details for carrying out an Act.
Rules made by the Cabinet to carry out the Constitution and Acts. A Cabinet Order cannot impose duties, restrict rights or set penalties unless an Act delegates that to it.
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:
In filing the petition referred to in the preceding paragraph, the party must submit a copy of the written arbitral award, a document proving that the content of the copy are the same as that of the written arbitral award, and a Japanese translation of the written arbitral award (excluding one prepared in Japanese; hereinafter the same applies in this paragraph); provided, however, that if the court finds it appropriate, after hearing the opinions of the respondent the court may decide not to require the submission of the Japanese translation of the whole or part of the written arbitral award.
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)