Chapter VI Arbitral Award and End of Arbitration Procedure

①The laws which the arbitral tribunal should comply with in making an arbitral award are as provided by the agreement of the parties. In this case, if laws and regulations of a given State have been designated, that designation is deemed not to designate the laws and regulations of the State providing the application of conflicting domestic and foreign laws and regulations but rather the laws and regulations of the State which are to be directly applied to the case, unless a contrary intention has been clearly indicated.

②If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal must apply the laws and regulations of a State which has the closest relationship to the civil dispute that has been referred to the arbitration procedure and which should be directly applied to the case.

③Notwithstanding the provisions of the preceding two paragraphs, if both parties have stated a clear request, the arbitral tribunal is to decide ex aequo et bono.

④An arbitral tribunal must make decisions in accordance with the terms of the contract related to the civil dispute which has been referred to the arbitral procedure, if the contract exists, and take into account the practices applicable to the relevant civil dispute, if any practices exist.

①An arbitral tribunal which is a panel must appoint a presiding arbitrator, who is to be elected from among the arbitral tribunal members.

②The decision of an arbitral tribunal which is a panel is made by the majority of the arbitrators constituting the arbitral tribunal.

③Notwithstanding the provisions of the preceding paragraph, the procedural matters in an arbitration procedure may be decided by the arbitrator who is the presiding arbitrator, if agreed to by both of the parties or delegated by all the other arbitrators.

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

①During 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.

②The decision referred to in the preceding paragraph has the effect of an arbitral award.

③In 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.

④If 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.

⑤The consent referred to in the preceding paragraph or the revocation of the consent must be made in writing, unless otherwise agreed by the parties.

①For an arbitral award to be made, a written arbitral award must be prepared and signed by the arbitrators who have made the arbitral award; provided, however, that if the arbitral tribunal is a panel, it will be sufficient that the written arbitral award is signed by the majority of the arbitrators constituting the arbitral tribunal and states the reasons for the signatures of other arbitrators being omitted.

②A written arbitral award must state its reasons; provided, however, that this does not apply if otherwise agreed by the parties.

③A written arbitral award must state the date of the preparation and the place of arbitration.

④An arbitral award is deemed to have been made at the place of arbitration.

⑤If an arbitral award has been made, the arbitral tribunal must notify each party of the arbitral award by sending a copy of the written arbitral award signed by the arbitrators.

⑥The provisions of the proviso to paragraph (1) apply mutatis mutandis to the copy of the written arbitral award referred to in the preceding paragraph.

①An arbitration procedure ends when an arbitral award or a decision to end the arbitration procedure has been made.

②Beyond what is provided for in the provisions of Article 23, paragraph (4), item (ii) or Article 33, paragraph (1), if any of the following grounds exist, an arbitral tribunal must make a decision to end the arbitration procedure:

③When the arbitration procedure has ended, the duties of the arbitral tribunal end; provided, however, that the acts under the following Article through Article 43 may be carried out.

①An arbitral tribunal may correct any miscalculation, clerical error or any other error similar to them in the arbitral award, upon the petition of the parties or on its own initiative.

②The petition referred to in the preceding paragraph must be filed within 30 days from the date of receipt of the notice of arbitral award, unless otherwise agreed by the parties.

③If the party makes a petition referred to in paragraph (1), they must issue a notice containing the contents of the petition to the other party, in advance of or at the same time as the petition.

④The arbitral tribunal must make a decision on the petition referred to in paragraph (1) within 30 days from the date of that petition.

⑤If it finds it necessary, the arbitral tribunal may extend the period referred to in the preceding paragraph.

⑥The provisions of Article 39 apply mutatis mutandis to the decision to correct the arbitral award and the decision to dismiss the petition referred to in paragraph (1) without prejudice.

①The parties may petition the arbitral tribunal to give an interpretation of a specific part of the arbitral award.

②The petition referred to in the preceding paragraph may be filed only if an agreement has been reached between the parties that the petition may be filed.

③The provisions of the preceding Article, paragraphs (2) and (3) apply mutatis mutandis to the petition referred to in paragraph (1), and the provisions of Article 39 and the preceding Article, paragraphs (4) and (5) apply mutatis mutandis to the decision on the petition referred to in paragraph (1).

①If the award regarding a petition in an arbitration procedure is not stated in the arbitral award, the parties may petition the arbitral tribunal to make an arbitral award regarding the petition, unless otherwise agreed by the parties. In this case, the provisions of Article 41, paragraphs (2) and (3) apply mutatis mutandis.

②The arbitral tribunal must make a decision on the petition referred to in the preceding paragraph within 60 days from the date of the petition. In this case, the provisions of Article 41, paragraph (5) apply mutatis mutandis.

③The provisions of Article 39 apply mutatis mutandis to the decision referred to in the preceding paragraph.