Chapter V Commencement of Arbitration Procedure and Proceedings in Arbitration Procedure

①The parties must be treated equally in an arbitration procedure.

②The parties must be given a full opportunity to explain their case in an arbitration procedure.

①The rules of an arbitration procedure which the arbitral tribunal should observe are as provided by the agreement of the parties; provided, however, that these rules must not violate the provisions concerning public order provided in this Act.

②If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal may carry out the arbitration procedure in the manner it finds appropriate, unless the manner violates the provisions of this Act.

③If an agreement referred to in paragraph (1) has not been reached, the power conferred upon the arbitral tribunal includes the power to determine the admissibility of the evidence as evidence, necessity of its examination, and its probative value.

In an arbitration procedure, if a party that knows that any provisions of this Act or rules of an arbitration procedure which have been provided by the agreement of the parties (limited to those unrelated to public order) have not been complied with does not state their objection without delay (or if a period within which an objection should be stated is provided for, within the period), the party is deemed to have waived their right to object, unless otherwise agreed between the parties.

①The place of arbitration is as provided by the agreement of the parties.

②If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal is to decide the place of arbitration by taking into consideration the circumstances of the dispute, including the convenience of the parties.

③Notwithstanding the place of arbitration under the preceding two paragraphs, unless otherwise agreed by the parties, an arbitral tribunal may carry out the following procedures at any place it considers appropriate:

①Unless otherwise agreed by the parties, an arbitration procedure regarding a particular civil dispute commences on the date on which one party notifies the other party that the arbitration procedure is to be applied to the civil dispute.

②A request in an arbitration procedure has the effect of postponement of expiration of the prescription period and renewal of the prescription period; provided, however, that this does not apply to cases in which the arbitration procedure has been ended without an arbitral award.

①The languages to be used in an arbitration procedure and the procedures to be carried out by using those languages are as provided by the agreement of the parties.

②If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal determines the languages to be used in the arbitration procedure and the procedures to be carried out by using those languages.

③If the agreement referred to in paragraph (1) or the determination referred to in the preceding paragraph does not provide for the procedures to be carried out by using the languages specified, the procedures to be carried out by using those languages are to be as follows:

④An arbitral tribunal may order that any documentary evidence is to be accompanied by a translation into the languages provided by the agreement referred to in paragraph (1) or determination referred to in paragraph (2) (or if the languages to be used for a translation are provided, into the languages).

①An arbitration petitioner (meaning a party that carried out acts to commence the arbitration procedure; the same applies hereinafter) must state the object of a petition, the facts supporting their petition and points of the dispute within the period determined by the arbitral tribunal. In this case, the arbitration petitioner may submit all documentary evidence they consider necessary to be examined or quote documentary evidence or other evidence they plan to submit.

②An arbitration respondent (meaning the party to the arbitration procedure other than the arbitration petitioner; the same applies hereinafter) must state their allegation regarding the matters stated pursuant to the provisions of the preceding paragraph, within the period determined by the arbitral tribunal. In this case, the provisions of the second sentence of that paragraph apply mutatis mutandis.

③All parties may amend or supplement their statements during the course of the arbitration procedure; provided, however, that if the amendment or supplement has been made outside the appropriate time, the arbitral tribunal may decide not to allow that amendment or supplement.

④The provisions of the preceding three paragraphs do not apply in cases where otherwise agreed by the parties.

①An arbitral tribunal may hold oral hearings to have the parties produce evidence or state their opinions; provided, however, that if one party makes the request referred to in Article 34, paragraph (3) or otherwise petitions to hold oral hearings, the arbitral tribunal must hold the oral hearings at an appropriate stage of the arbitration procedure.

②The provisions of the preceding paragraph do not apply if otherwise agreed by the parties.

③If the arbitral tribunal holds an oral hearing to hear opinions or inspect goods or documents, it must notify the parties of the date, time and place of the oral hearing, leaving a reasonable period of time before the date of the oral hearing.

④If a party has submitted a written allegation, documentary evidence or any other records to the arbitral tribunal, the party must take measures to enable the other party to know their contents.

⑤An arbitral tribunal must take measures to enable all the parties to know the content of the report of the expert and other evidentiary material which should serve as the basis for the arbitral award or other decisions by the arbitral tribunal.

①If an arbitration petitioner violates the provisions of Article 31, paragraph (1), the arbitral tribunal must make a decision to end the arbitration procedure; provided, however, that this does not apply to cases in which there are justifiable grounds for that violation.

②Even if an arbitration respondent has violated the provisions of Article 31, paragraph (2), the arbitral tribunal must continue the arbitration procedure without treating that violation as being the arbitration respondent's admission of the arbitration petitioner's allegations.

③If one party fails to appear on the date of oral hearings or to produce documentary evidence, the arbitral tribunal may make an arbitral award on the evidence collected by that time; provided, however, that this does not apply to cases in which there are justifiable grounds for the party to fail to appear at the oral hearings or to produce documentary evidence.

④The provisions of the preceding three paragraphs do not apply if otherwise agreed by the parties.

①An arbitral tribunal may appoint one or more experts, and may have them conduct an expert examination concerning necessary matters and report the results in writing or orally.

②In the case referred to in the preceding paragraph, the arbitral tribunal may require the parties to carry out the following acts:

③If the parties request or the arbitral tribunal finds it necessary, an expert must appear on the date of the oral hearing after delivering the report referred to in paragraph (1).

④The parties may carry out the following acts on the date of the oral hearing referred to in the preceding paragraph:

⑤The provisions of the preceding paragraphs do not apply if otherwise agreed by the parties.

①An arbitral tribunal or party may petition the court to implement the commission of an investigation, examination of a witness, examination by an expert, examination of documentary evidence (excluding the examination which the parties conduct in the documents which they submit) and observation (excluding the observation in which the parties present the subject matter) provided for in the provisions of the Code of Civil Procedure and found necessary by the arbitral tribunal; provided, however, that this does not apply to cases in which the parties have agreed not to petition the implementation of all or part of these procedures.

②In order to file a petition referred to in the preceding paragraph, the party must obtain the consent of the arbitral tribunal.

③Notwithstanding 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:

④An immediate appeal may be filed against the decision on the petition referred to in paragraph (1).

⑤If the court implements the examination of evidence upon the petition referred to in paragraph (1), an arbitrator may inspect the document, verify the subject matter of the observation, or may ask the witness or expert (meaning the expert provided for in Article 213 of the Code of Civil Procedure) questions by obtaining the permission of the presiding judge.

⑥A court clerk must prepare records concerning the examination of evidence to be implemented by the court upon the petition referred to in paragraph (1).