Moves to Article 26, paragraph (1) by (Act No. 53 of 2023)
Until an arbitral award is made, unless otherwise agreed by the parties, upon the petition of a party, an arbitral tribunal may order the other party to take the following measures:
Moves to Article 26, paragraph (1), item (i) by (Act No. 53 of 2023)
to prohibit the disposal of or any other change to property necessary for the payment of money, when it is likely that an enforcement regarding a claim for payment of money will not be possible, or it is likely that significant difficulties will arise in implementing enforcement;
金銭の支払を目的とする債権について、強制執行をすることができなくなるおそれがあるとき、又は強制執行をするのに著しい困難を生ずるおそれがあるときに、当該金銭の支払をするために必要な財産の処分その他の変更を禁止すること。
Moves to Article 26, paragraph (1), item (ii) by (Act No. 53 of 2023)
to prohibit the disposal of or any other change to any property which is the subject of a claim to seek provision of property benefits, when it is likely that the exercise of the right regarding the claim to seek provision of property benefits (excluding payment of money) will not be possible or will be extremely difficult;
財産上の給付（金銭の支払を除く。）を求める権利について、当該権利を実行することができなくなるおそれがあるとき、又は当該権利を実行するのに著しい困難を生ずるおそれがあるときに、当該給付の目的である財産の処分その他の変更を禁止すること。
Moves to Article 26, paragraph (1), item (iii) by (Act No. 53 of 2023)
to prevent any substantial loss or imminent danger from arising that would occur to the party that filed the petition with regard to the property or relationship of rights which is the subject matter of the dispute, take necessary prevention measures, or restore the status quo of the property or relationship of rights if it has been changed, in order to avoid the loss or danger in question;
紛争の対象となる物又は権利関係について、申立てをした当事者に生ずる著しい損害又は急迫の危険を避けるため、当該損害若しくは当該危険の発生を防止し、若しくはその防止に必要な措置をとり、又は変更が生じた当該物若しくは権利関係について変更前の原状の回復をすること。
Moves to Article 26, paragraph (1), item (iv) by (Act No. 53 of 2023)
to prohibit actions that cause harm or prejudice to the proceedings in the arbitration procedure (excluding the actions stated in the following item); or
仲裁手続における審理を妨げる行為を禁止すること（次号に掲げるものを除く。）。
Moves to Article 26, paragraph (1), item (v) by (Act No. 53 of 2023)
to prohibit actions such as disposing, erasing or altering evidence necessary for the proceedings in the arbitration procedure.
仲裁手続の審理のために必要な証拠について、その廃棄、消去又は改変その他の行為を禁止すること。
Moves to Article 26, paragraph (2) by (Act No. 53 of 2023)
When filing a petition referred to in the preceding paragraph (excluding item (v) of that paragraph), a party must make a prima facie showing of the rights or relationship of rights that must be preserved and the fact constituting the grounds for the petition.
Moves to Article 26, paragraph (3) by (Act No. 53 of 2023)
In issuing an order to take measures stated in the items in paragraph (1) (hereinafter referred to as "order for interim measures"), if it finds it necessary, the arbitral tribunal may order the provision of appropriate security.
Moves to Article 26, paragraph (4) by (Act No. 53 of 2023)
If it is found that the grounds of the rights or relationship of rights that must be preserved or the grounds for the petition referred to in paragraph (1) do not exist or cease to exist or if there has been any other change in circumstances, upon petition, the arbitral tribunal may revoke, amend or suspend the order for interim measures.
Moves to Article 26, paragraph (5) by (Act No. 53 of 2023)
Beyond the case referred to in the preceding paragraph, if the arbitral tribunal finds that there are special circumstances, the arbitral tribunal may revoke, amend or suspend the order for interim measures on its own initiative, after notifying the parties to that effect.
Moves to Article 26, paragraph (6) by (Act No. 53 of 2023)
When it considers that there has been a change in circumstances referred to in paragraph (4), the arbitral tribunal may order the parties to promptly disclose whether there has been a change in circumstances and, if so, the content of the change in circumstances.
Moves to Article 26, paragraph (7) by (Act No. 53 of 2023)
If a party that filed a petition for an order for interim measures (referred to as a "petitioner" in the following paragraph) does not comply with the order under the preceding paragraph, for the purpose of application of the provisions in paragraph (4), a change in circumstances stated in that paragraph is deemed to have taken place.
Moves to Article 26, paragraph (8) by (Act No. 53 of 2023)
When the arbitral tribunal revokes, amends or suspends an order for interim measures pursuant to the provisions of paragraph (4) or (5), and it finds that the order for interim measures was issued due to grounds attributable to the petitioner, upon petition by the person who received the order for interim measures, it may order the petitioner to compensate for any damage that the person who received the order for interim measures has consequently suffered; provided, however, that this does not apply if the parties have agreed otherwise.
Moves to Article 26, paragraph (9) by (Act No. 53 of 2023)
The order under the preceding paragraph has the effect of an arbitral award.
Changes and moves to Article 26, paragraph (10) by (Act No. 53 of 2023)
The provisions of Article 39 apply mutatis mutandis to the order under paragraph (8), and the provisions of paragraphs (1) and (3) of that Article apply mutatis mutandis to the order for interim measures and other orders (excluding the order under paragraph (8)) or decisions under this Article.
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)
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
order for interim measures
「暫定保全措置命令」
An order by the arbitral tribunal (仲裁廷), made on one party's petition before the arbitral award, requiring the other party to take one of the measures listed in Article 24, paragraph (1), such as not disposing of property needed to satisfy a claim, preventing serious harm, or not destroying evidence.
Short name set inArticle 24, paragraph (3)
petitioner
「申立人」
In Article 24, paragraph (8), the party who petitioned the arbitral tribunal (仲裁廷) for an order for interim measures (暫定保全措置命令).
Short name set inArticle 24, paragraph (7)· applies only in this provision and in Article 24, paragraph (8)