Moves to Article 16, paragraph (1) by (Act No. 53 of 2023)
If an action is filed for a civil dispute which is subject to an arbitration agreement, the court in charge of the case must dismiss the action without prejudice upon the petition of the defendant; provided, however, that this does not apply to the following cases:
仲裁合意の対象となる民事上の紛争について訴えが提起されたときは、受訴裁判所は、被告の申立てにより、訴えを却下しなければならない。ただし、次に掲げる場合は、この限りでない。
Moves to Article 16, paragraph (1), item (i) by (Act No. 53 of 2023)
if the arbitration agreement is not valid due to nullity or rescission or for any other reasons;
仲裁合意が無効、取消しその他の事由により効力を有しないとき。
Moves to Article 16, paragraph (1), item (ii) by (Act No. 53 of 2023)
if it is impossible to carry out an arbitration procedure based on an arbitration agreement; and
仲裁合意に基づく仲裁手続を行うことができないとき。
Moves to Article 16, paragraph (1), item (iii) by (Act No. 53 of 2023)
if the petition was filed after the defendant presented oral arguments concerning the merits or made statements concerning the merits in preparatory proceedings.
当該申立てが、本案について、被告が弁論をし、又は弁論準備手続において申述をした後にされたものであるとき。
Moves to Article 16, paragraph (2) by (Act No. 53 of 2023)
Even while a suit related to the action referred to in the preceding paragraph is pending in the court, an arbitral tribunal may commence or continue the arbitration procedure and make an arbitral award.
arbitral award
「仲裁判断」
The decision of the arbitrator or arbitrators on a civil dispute that the parties to an arbitration agreement (仲裁合意) have entrusted to them and agreed to accept.
Short name set inArticle 2, paragraph (1)
arbitration agreement
「仲裁合意」
An agreement to entrust the resolution of all or part of a civil dispute — one that has already arisen, or one that may arise in future over a certain legal relationship, whether contractual or not — to one or more arbitrators, and to accept their decision (the arbitral award, 仲裁判断).
Defined inArticle 2, paragraph (1)· applies throughout the law
arbitral tribunal
「仲裁廷」
A single arbitrator, or a panel of two or more arbitrators, that hears a civil dispute covered by an arbitration agreement (仲裁合意) and makes the arbitral award (仲裁判断) on it.
Defined inArticle 2, paragraph (2)· applies throughout the law
rescission
取消し
Undoing a legal act, such as an offer or acceptance of a contract (意思表示, a manifestation of intention), that the law says may be rescinded: for example one made through an important mistake, though a mistake about the circumstances behind the act only if it had been made clear that they were its basis, and as a rule not where the person was grossly careless (Civil Code, Article 95), or one made under fraud or duress, though fraud by a third party only if the other party knew of it or could have known (Article 96), or one a minor made without the consent of their legal representative (Article 5, paragraph (2)). Once rescinded, the act is treated as void from the start (Article 121). Only the person who made it, their representative or successor, or someone whose consent it needed may rescind it (Article 120). The right is lost if not used within five years from when the act could be confirmed — once the mistake, fraud or other cause has ended and the person knows they can rescind (Article 124) — or twenty years from the act (Article 126). It is lost sooner if the person confirms the act, and once it could be confirmed, performing it or demanding performance without reserving objections counts as confirming it (Articles 122 and 125). The Consumer Contract Act adds grounds of its own, such as a business telling the consumer something untrue about an important matter when soliciting the contract, where the consumer believed it and made the contract because of it (Article 4, paragraph (1), item (i)), and gives most of them a shorter time: one year from when the act could be confirmed, and five years from the contract (Article 7, paragraph (1)).
Written by AI using Civil Code, Arts. 5, 95, 96, 120, 121, 122, 124, 125, 126 and Consumer Contract Act, Arts. 4, 7 as a reference.
void
無効
Having no legal effect from the start. A void act does not take effect even if the parties later confirm it; confirming it knowing it is void counts as making a new act (Civil Code, Article 119). An act against public order or good morals is void (Article 90). Some Acts that protect one side make void a term that takes that protection away: a term of a land lease that is worse for the tenant than the Act on Land and Building Leases' rules on how long the lease lasts and how it is renewed (Article 9), a clause of a consumer contract that frees a business from all liability for damage its failure to perform causes the consumer (Consumer Contract Act, Article 8, paragraph (1), item (i)), or the part of a labor contract that falls short of the Labor Standards Act's standards, which the Act's standard replaces (Labor Standards Act, Article 13).
Written by AI using Civil Code, Arts. 90, 119, Act on Land and Building Leases, Art. 9, Consumer Contract Act, Art. 8 and Labor Standards Act, Art. 13 as a reference.