Arbitration Act

Arbitration procedures of which the place of arbitration is in Japan and procedures carried out by the court for an arbitration procedure are governed by the provisions of this Act in addition to the provisions of other laws and regulations.

①The term "arbitration agreement" as used in this Act means an agreement to refer the resolution of all or certain civil disputes which have already arisen or which may arise in the future in respect to a certain legal relationship (irrespective of whether contractual or not) to one or more arbitrators, and to accept the determined award (hereinafter referred to as an "arbitral award").

②The term "arbitral tribunal" as used in this Act means a single arbitrator or a panel of two or more arbitrators that carries out proceedings and makes an arbitral award in regard to the subject civil disputes based on an arbitration agreement.

③The term "written allegation" as used in this Act means documents which the parties prepare and submit to the arbitral tribunal in an arbitration procedure, and in which the allegations of the parties are stated.

①Except for the matters provided for in the following paragraph and Article 8, the provisions of the following Chapter through Chapter VII and the provisions of Chapters IX and X apply to the case in which the place of arbitration is in Japan.

②The provisions of Article 14, paragraph (1) and Article 15 apply to the case in which the place of arbitration is in or outside Japan, or has yet to be determined.

③The provisions of Chapter VIII apply to the case in which the place of arbitration is in or outside Japan.

The court may exercise its authority over an arbitration procedure only in the case provided for in this Act.

①The cases related to the procedures carried out by the court pursuant to the provisions of this Act are under the exclusive jurisdiction of the following courts:

②Notwithstanding the provisions of the preceding paragraph, a petition on a proceeding carried out by a court pursuant to the provisions of this Act may be filed with the Tokyo District Court and the Osaka District Court if the place of arbitration is in Japan.

③If two or more courts have jurisdiction pursuant to the provisions of this Act, the court which first received a petition has jurisdiction.

④If the court finds that the whole or part of the case related to the procedures carried out by the court pursuant to the provisions of this Act is not under its jurisdiction, it must transfer the whole or part of that case to the court with jurisdiction, upon petition or on its own initiative.

⑤If it finds it appropriate, the court that has jurisdiction over the case pursuant to the provisions of paragraph (3) may transfer the whole or part of that case to the court that is not vested with jurisdiction over the case pursuant to the provisions of that paragraph, upon petition or on its own initiative.

A judicial decision on a proceeding carried out by a court pursuant to the provisions of this Act may be made without holding oral arguments.

Any person that has an interest in the judicial decision on a proceeding carried out by a court pursuant to the provisions of this Act may file an immediate appeal against the judicial decision, within an unextendable period of two weeks from the day on which they received a notice of the judicial decision, only in cases in which there are special provisions allowing the appeal in this Act.

①The petitions stated in the following items may be filed with a court, even if the place of arbitration has yet to be determined, the place of arbitration may be in Japan, and the location of the general venue of the petitioner or respondent (excluding general venues which are determined by the last domicile) is in Japan. In this case, the provisions stated in the relevant following items apply in accordance with the categories of petition listed in those items:

②Notwithstanding the provisions of Article 5, paragraph (1), a case related to the petition stated in the items of the preceding paragraph that is filed under the circumstance referred to in that paragraph is under the exclusive jurisdiction of the following courts:

Any person that has an interest in the proceeding carried out by a court pursuant to the provisions of this Act may file a request with the court clerk in regard to the following matters:

①A summons for appearance on a court date in a proceeding carried out by a court pursuant to the provisions of this Act is issued by means of service of a writ of summons, notification of a court date to the person who has appeared for the case concerned, or by any other means that is considered to be appropriate.

②If a summons for appearance on a court date is issued by means other than service of a writ of summons and notification of a court date to the person who has appeared for the relevant case, no legal sanction nor any other disadvantage associated with the failure to comply with the court date may be assigned to the person who does not appear on that court date; provided, however, that this does not apply if the person has submitted a paper document indicating receipt of the summons to appear on that court date.

For a service by publication in a proceeding carried out by a court pursuant to the provisions of this Act, a notice indicating that the court clerk is in possession of the document to be served and can deliver it to the person that is to be served at any time is posted in the posting area of the court.

①Among the petitions or other statements related to a proceeding carried out by a court pursuant to the provisions of this Act (hereinafter referred to as a "petition or statement" in this Article), those which are to be filed with the court as designated by the Supreme Court (including those to be filed to that court's presiding judge, authorized judge, commissioned judge, or court clerk) by means of paper documents or other prescribed items (meaning a paper document, a transcript, extract, authenticated copy, or duplicate of a document, a duplicate of a bill or note, or any other paper or other tangible object into which information that can be perceived with the human senses, such as characters and shapes, has been entered; hereinafter the same applies in the following paragraph and paragraph (4)) pursuant to the provisions of this Act or other laws and regulations concerning a petition or statement may be filed by means of electronic data processing systems (meaning electronic data processing systems that connect a computer (including its input and output devices; the same applies hereinafter in this paragraph and paragraph (3)) used by the court and the computer used by the person filing the petition or statement over telecommunication lines) as specified by the Rules of the Supreme Court, notwithstanding the provisions of the laws and regulations.

②The petition or statement filed pursuant to the provisions of the preceding paragraph is deemed to have been filed by means of a paper document or other prescribed item as prescribed in the provisions of the laws and regulations concerning a petition or statement that provide that the petition or statement in question is to be filed by means of a paper document or other prescribed item, and the provisions of the laws and regulations concerning a petition or statement apply to the petition or statement in question.

③The petition or statement filed pursuant to the provisions of paragraph (1) is deemed to have arrived at the court when it is recorded in a file stored on the computer used by a court as referred to in that paragraph.

④Notwithstanding the provisions of other laws and regulations concerning a petition or statement, in the case of paragraph (1), in order to file the petition or statement that is to bear a signature or other identifying information (meaning the relevant person's signature, name, seal, or other expressions of the relevant person's name or trade name in paper documents or other prescribed items; hereinafter the same applies in this paragraph) pursuant to the provisions of other laws and regulations concerning the petition or statement, a person filing the petition or statement must take measures to clarify their name or trade name, in lieu of affixing the signature or other identifying information, as provided for by the rules of the Supreme Court.

⑤When a petition or statement filed pursuant to paragraph (1) has been recorded in the file prescribed in paragraph (3), the court referred to in paragraph (1) must output the contents of the data recorded in the file in the form of paper documents.

⑥In order to inspect or copy a case record or have an authenticated copy, transcript, or extract of a case record issued pursuant to the provisions of this Act or other laws or regulations in relation to a petition or statement that is filed pursuant to paragraph (1), the paper documents referred to in the preceding paragraph are to be used. The same applies to service or delivery of a document in connection with the petition or statement.

①When drafting a written judgment of a judicial decision on a proceeding carried out by a court pursuant to the provisions of this Act, the court must state the main text, the parties and legal representatives, and the court of the judicial decision in the written judgment.

②If the written judgment referred to in the preceding paragraph is served, an authenticated copy of the written judgment is served.

Except as otherwise provided, the provisions of Part I through Part IV (excluding the provisions of Article 71, paragraph (2), Article 91-2, Article 92, paragraph (9) and paragraph (10), Article 92-2, paragraph (2), Article 94, Article 100, paragraph (2), Part I, Chapter 5, Section 4, Subsection 3, Article 111, Part I, Chapter 7, Article 133-2, paragraph (5) and paragraph (6), Article 133-3, paragraph (2), Article 151, paragraph (3), Article 160, paragraph (2), Article 185, paragraph (3), Article 205, paragraph (2), Article 215, paragraph (2), Article 227, paragraph (2) and Article 232-2) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the proceeding carried out by the court pursuant to the provisions of this Act, unless contrary to the nature thereof. In this case, each term or phrase listed in the middle column of the appended table that appears in the provisions listed in the left hand column of that table is deemed to be replaced with the corresponding term or phrase listed in the right hand column of that table.

Beyond what is provided for in this Act, necessary particulars related to the proceeding carried out by the court pursuant to the provisions of this Act are specified by the Rules of the Supreme Court.

①Unless otherwise agreed between the parties, if a notice in an arbitration procedure is to be given by means of documents, the notice is deemed to have been given at the time when the addressee directly receives the document or the time when the document is delivered to the addressee's domicile, habitual residence, business office, office, or place of delivery (meaning the place designated by the addressee as the place of delivery of documents from the sender; hereinafter the same applies in this Article).

②With regard to the notice to be given by means of documents in an arbitration procedure, if it is possible to deliver the document to the addressee's domicile, habitual residence, business office, office, or place of delivery of the addressee, but it is difficult for the sender to obtain the materials that prove the fact of delivery, and the court finds it necessary, it may decide that it will serve the document by itself, upon the petition of the sender. The provisions of Article 104, and Articles 110 through 113 of the Code of Civil Procedure do not apply to the service in this case.

③The provisions of the preceding paragraph do not apply if an agreement to the effect that the service referred to in that paragraph will not be made has been reached between the parties.

④Notwithstanding the provisions of Article 5, paragraphs (1) and (2), a case related to the petition referred to in paragraph (2) is under the exclusive jurisdiction of the courts stated in paragraph (1), items (i) and (ii) of that Article and the district court which has jurisdiction over the location of the addressee's domicile, habitual residence, business office, office, or place of delivery.

⑤Unless otherwise agreed between the parties, if a notice in an arbitration procedure is to be given by means of documents, and the addressee's domicile, habitual residence, business office, office, and place of delivery are all impossible to find after making a reasonable inquiry, it is sufficient for the sender to send the document to the addressee's last-known domicile, habitual residence, business office, office, or place of delivery by registered mail or any other means by which they can certify that they have attempted to deliver it. In this case, the notice is deemed to have been given at the time when the document should normally have arrived.

⑥The provisions of paragraph (1) and the preceding paragraph do not apply to the case in which a notice is to be given in the proceeding carried out by the court pursuant to the provisions of this Act.

①Except as otherwise provided for in laws and regulations, an arbitration agreement is effective only when its subject is a civil dispute (excluding disputes of divorce or dissolution of adoptive relation) which can be settled between the parties.

②An arbitration agreement must be in writing, such as in the form of a document signed by all the parties, letters or telegrams exchanged between the parties (including those sent by facsimile device or other communication measures for parties at a distance which provides the recipient with a written record of the communicated content), or other documents.

③If a document containing a clause of an arbitration agreement is quoted in a contract concluded in writing as constituting part of the contract, that arbitration agreement is deemed to be made in writing.

④If an arbitration agreement is made in an electronic or magnetic record (meaning a record used in computerized information processing which is created in an electronic form, magnetic form, or any other form that cannot be perceived by the human senses; the same applies in paragraph (6)) recording its contents, that arbitration agreement is deemed to be made in writing.

⑤In an arbitration procedure, if a written allegation that a party has submitted contains the contents of an arbitration agreement, and another written allegation that the other party has submitted in response to the allegation in question does not contain anything to dispute the contents of the arbitration agreement, the arbitration agreement is deemed to be made in writing.

⑥If a document or electronic or magnetic record including a written or recorded clause of an arbitration agreement is quoted in a contract that is not concluded in writing as constituting a part of that contract, the arbitration agreement is deemed to be made in writing.

⑦In regard to a contract containing an arbitration agreement, even if the clauses of the contract other than that of the arbitration agreement are not valid due to nullity or rescission or for any other reasons, the validity of the arbitration agreement is not automatically impaired.

①If 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:

②Even 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.

An arbitration agreement does not preclude the parties from filing a petition for a provisional order with the court before the commencement or during the course of the arbitration procedure in regard to the civil dispute that is the subject of the arbitration agreement, and does not preclude the court that has received the petition from issuing a provisional order.

①The number of arbitrators is as prescribed by the agreement of the parties.

②If there are two parties, and an agreement referred to in the preceding paragraph has not been reached, there will be three arbitrators.

③If there are three or more parties, and an agreement referred to in paragraph (1) has not been reached, the number of arbitrators is provided by the court, upon the petition of a party.

①The procedure for appointing an arbitrator is as provided by the agreement of the parties; provided, however, that this does not apply to what is provided for in paragraph (5) or (6).

②If there are two parties and three arbitrators, and an agreement referred to in the preceding paragraph has not been reached, each party will appoint one arbitrator, and the two arbitrators appointed by the parties will appoint the third arbitrator. In this case, if one party fails to appoint an arbitrator within 30 days from the day on which it received a request for appointing an arbitrator from the other party that has already appointed an arbitrator, the court will appoint the arbitrator upon the petition of that other party, and if the two arbitrators appointed by the parties fail to appoint the third arbitrator within 30 days from their appointment, the court will appoint the arbitrator upon the petition of one of the parties.

③If there are two parties and one arbitrator, an agreement referred to in paragraph (1) has not been reached, and the parties are unable to reach an agreement for the appointment of the arbitrator, the court will appoint the arbitrator upon the petition of one of the parties.

④If there are three or more parties, and the agreement referred to in paragraph (1) has not been reached, the court will appoint the arbitrator upon the petition of a party.

⑤Even if a procedure for appointing an arbitrator has been provided by the agreement referred to in paragraph (1), if it becomes impossible to appoint an arbitrator under the procedure for appointing an arbitrator due to the fact that the act provided under the procedure is not performed or for any other reason, one of the parties may file a petition for the appointment of an arbitrator with the court.

⑥In appointing an arbitrator under the provisions of paragraph (2) through the preceding paragraph, the court must pay due consideration to the following matters:

①If the following grounds are found with respect to an arbitrator, the parties may challenge the arbitrator:

②A party that has appointed an arbitrator or that has made a recommendation for appointment or otherwise similarly participated in the appointment of the arbitrator may challenge that arbitrator only if they do so on grounds that they become aware of after the appointment.

③A person who has been requested to assume the post of an arbitrator and intends to accept the negotiation must disclose to the person that made the request all facts that would be likely to give rise to doubts as to their impartiality or independence.

④An arbitrator must disclose all the facts that would be likely to give rise to doubts as to their impartiality or independence (excluding those which have already been disclosed) to the parties without delay during the course of the arbitration procedure.

①The procedure for challenging an arbitrator is as provided by the agreement of the parties; provided, however, that this does not apply to what is provided for in paragraph (4).

②If an agreement referred to in the preceding paragraph has not been reached, the decision on the challenge of the arbitrator is to be made by the arbitral tribunal, upon the petition of a party.

③A party that intends to file a petition referred to in the preceding paragraph must submit a written petition stating the grounds for the challenge to the arbitral tribunal within 15 days from the day on which they became aware that the arbitral tribunal had been organized or the day on which they became aware of the existence of any grounds referred to in the items of paragraph (1) of the preceding Article, whichever comes later. In this case, if the arbitral tribunal finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.

④If a decision is made to the effect that the challenge of an arbitrator is groundless in the challenge procedure provided in the preceding three paragraphs, the party that challenged may file a petition for the challenge of the arbitrator with the court, within 30 days from the day of receipt of notice of the decision. In this case, if the court finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.

⑤Even while the case subject to the petition for the challenge referred to in the preceding paragraph is pending in court, the arbitral tribunal may commence or continue the arbitration procedure, and make an arbitral award.

If the following grounds are found, a party may file a petition to dismiss the arbitrator with the court. In this case, if the court finds that grounds related to the petition apply to the arbitrator, it must decide to dismiss the arbitrator:

①The arbitrator's duties end for the following reasons:

②It is prohibited to presume that the grounds stated in the items of Article 18, paragraph (1) or the items of the preceding Article are found regarding the relevant arbitrator from the mere fact that the arbitrator resigned or was dismissed by the agreement of the parties during the course of the challenge procedure provided for in Article 19, paragraphs (1) through (4), or the procedure for dismissal under the preceding Article.

Unless otherwise agreed by the parties, if the arbitrator's duties have ended for the reasons stated in the items of the preceding Article, paragraph (1), the method of appointing a successor arbitrator is the appointment method applied to the appointment of the arbitrator whose duties have ended.

①An arbitral tribunal may rule on its own jurisdiction (meaning the authority to carry out proceedings in an arbitration procedure and to make an arbitral award; hereinafter the same applies in this Article), including a ruling on any allegations on the existence or validity of an arbitration agreement.

②In an arbitration procedure, an allegation that an arbitral tribunal does not have jurisdiction must be made promptly after the occurrence of the cause for the allegation if the cause has occurred during the course of the arbitration procedure, or, in any other case, an allegation must be made by the time of submission of the first written allegation on the merits (including the time of orally making the first allegation on the merits in oral hearings); provided, however, that this does not apply when the arbitral tribunal finds justifiable grounds for a delay in making an allegation that the arbitral tribunal does not have jurisdiction.

③A party may make the allegation referred to in the preceding paragraph even if the party has appointed an arbitrator, or has made a recommendation for an arbitrator or otherwise similarly participated in the appointment of an arbitrator.

④If the allegation referred to in paragraph (2) has been made lawfully, an arbitral tribunal must rule on the allegation by the decision or arbitral award provided for in the following items for each category of ruling set forth in those items:

⑤If an arbitral tribunal has ruled that it has jurisdiction in its independent decision made before an arbitral award, a party may petition a court to rule on whether the arbitral tribunal has jurisdiction within 30 days of receipt of notice of the decision. In this case, even if a case related to said petition is pending in the court, the arbitral tribunal may continue the arbitration procedure and make an arbitral award.

①Until 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:

②When 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.

③In 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.

④If 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.

⑤Beyond 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.

⑥When 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.

⑦If 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.

⑧When 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.

⑨The order under the preceding paragraph has the effect of an arbitral award.

⑩The 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.

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).

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.

①If any of the following grounds exist, the parties may file a petition with the court to set aside the arbitral award:

②The petition referred to in the preceding paragraph may not be filed when three months have elapsed from the date on which the notice was given through sending of a copy of the written arbitral award (including the written decision made by the arbitral tribunal under Article 41 through the preceding Article), or when the enforceability order under Article 46 has become final and binding.

③An immediate appeal may be filed against the decision under Article 5, paragraph (4) or (5) with regard to the case related to the petition referred to in paragraph (1).

④The court may not make a decision on the petition referred to in paragraph (1) without holding an oral argument or a hearing which both parties can attend.

⑤If the petition referred to in paragraph (1) has been filed, and the court finds that any of the grounds stated in the items of the paragraph exist (for the grounds set forth in items (i) through (vi) of that paragraph, limited to the case in which the applicant has proved the existence of the grounds), it may set aside the arbitral award.

⑥If the grounds stated in paragraph (1), item (v) exist, and the part concerning the matters provided for in that item can be separated from the other parts of the arbitral award, the court may set aside only the relevant part of the arbitral award.

⑦An immediate appeal may be filed against the decision on the petition referred to in paragraph (1).

①An arbitral award (irrespective of whether or not the place of arbitration is in Japan; hereinafter the same applies in this Chapter) has the same effect as a final and binding judgment; provided, however, that a civil enforcement based on the arbitral award requires an enforceability order under the following Article.

②The provisions of the preceding paragraph do not apply if any of the following grounds exist (for the grounds stated in items (i) through (vii), limited to the case in which any of the parties has proved the existence of the grounds):

③If the grounds stated in item (v) of the preceding paragraph exist, and the part concerning the matters provided for in that item can be separated from the other parts of the arbitral award, the relevant part and the other parts of the arbitral award are respectively deemed to be independent arbitral awards, and the provisions of the paragraph apply.

①A party that intends to process a civil enforcement based on an arbitral award may file a petition with the court for an enforceability order (meaning an order allowing the civil enforcement based on an arbitral award; the same applies hereinafter), designating the obligor as the respondent.

②In filing the petition referred to in the preceding paragraph, the party must submit a copy of the written arbitral award, a document proving that the content of the copy is the same as that of the written arbitral award, and a Japanese translation of the written arbitral award (excluding one prepared in Japanese; hereinafter the same applies in this paragraph); provided, however, that if the court finds it appropriate, after hearing the opinions of the respondent the court may decide not to require the submission of the Japanese translation of the whole or part of the written arbitral award.

③If a petition for setting aside the arbitral award or suspending its effect is filed with the judicial body provided for in the preceding Article, paragraph (2), item (vii) and the court with which the petition referred to in paragraph (1) is filed finds it necessary to do so, the court may suspend the procedure related to the petition referred to in paragraph (1). In this case, the court may order the respondent to provide security, upon the petition of the person that filed the petition referred to in the paragraph.

④Notwithstanding 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:

⑤An immediate appeal may be filed against the decision under Article 5, paragraph (4) or (5) with regard to a case related to the petition referred to in paragraph (1).

⑥The court is required to make an enforceability order, except the case in which it dismisses the petition referred to in paragraph (1) without prejudice pursuant to the provisions of the following paragraph or paragraph (8).

⑦If the petition referred to in paragraph (1) has been filed, the court may dismiss the petition without prejudice only when it finds that any of the grounds stated in the items of paragraph (2) of the preceding Article exist (for the grounds stated in items (i) through (vii) of that paragraph, limited to the case in which the respondent has proved the existence of the grounds).