Moves to Article 40, paragraph (1) by (Act No. 53 of 2023)
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.
仲裁廷は、仲裁手続の進行中において、仲裁手続に付された民事上の紛争について当事者間に和解が成立し、かつ、当事者双方の申立てがあるときは、当該和解における合意を内容とする決定をすることができる。
Moves to Article 40, paragraph (2) by (Act No. 53 of 2023)
The decision referred to in the preceding paragraph has the effect of an arbitral award.
Moves to Article 40, paragraph (3) by (Act No. 53 of 2023)
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.
Moves to Article 40, paragraph (4) by (Act No. 53 of 2023)
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.
当事者双方の承諾がある場合には、仲裁廷又はその選任した一人若しくは二人以上の仲裁人は、仲裁手続に付された民事上の紛争について、和解を試みることができる。
Moves to Article 40, paragraph (5) by (Act No. 53 of 2023)
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。
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