Supplementary Provisions

This Act comes into effect as of the date specified by Cabinet Order within a period not exceeding nine months from the date of promulgation.

With regard to the form of an arbitration agreement concluded before this Act comes into effect, the provisions then in force continue to govern.

①With regard to an arbitration agreement covering a civil dispute that may arise in the future between a consumer (meaning a consumer prescribed in Article 2, paragraph (1) of the Consumer Contract Act (Act No. 61 of 2000); hereinafter the same applies in this Article) and a business operator (meaning a business operator prescribed in paragraph (2) of that Article; hereinafter the same applies in this Article) (excluding the arbitration agreement prescribed in the following Article; hereinafter referred to as a "consumer arbitration agreement" in this Article) that is concluded after this Act comes into effect, the provisions of the following paragraph through paragraph (7) apply for the time being.

②A consumer may cancel a consumer arbitration agreement; provided, however, that this does not apply if the consumer has become the arbitration petitioner in the arbitration procedure based on that consumer arbitration agreement.

③If a business operator is to become the arbitration petitioner in an arbitration procedure based on a consumer arbitration agreement, that business operator must, without delay after the arbitral tribunal is organized, file a petition to hold oral hearings under the provisions of Article 32, paragraph (1). In this case, the arbitral tribunal must decide to hold the oral hearings and notify both the parties of the date, time and place.

④The arbitral tribunal must hold the oral hearings referred to in the preceding paragraph prior to all other proceedings in that arbitration procedure.

⑤Notice under the provisions of paragraph (3) to a party that is a consumer must be given by sending a written document stating the following matters. In this case, the arbitral tribunal must endeavor to use expressions that are as plain as possible for the matters set out in items (ii) through (v).

⑥On the date of the oral hearing under paragraph (3), the arbitral tribunal must first explain orally to the party that is a consumer the matters set out in items (ii) through (iv) of the preceding paragraph. In this case, if that party that is a consumer does not clearly express an intention to waive the right to cancel under the provisions of paragraph (2), that party that is a consumer is deemed to have cancelled the consumer arbitration agreement.

⑦If a party that is a consumer fails to appear on the date of the oral hearing under paragraph (3), that party that is a consumer is deemed to have cancelled the consumer arbitration agreement.

For the time being, an arbitration agreement concluded after this Act comes into effect that covers an individual labor-related dispute arising in the future (meaning an individual labor-related dispute prescribed in Article 1 of the Act on Promoting the Resolution of Individual Labor-Related Disputes (Act No. 112 of 2001)) is void.

With regard to an arbitration procedure commenced before this Act comes into effect and proceedings conducted by the court in relation to that arbitration procedure (excluding those commenced after an arbitral award is made), the provisions then in force continue to govern.

In addition to what is provided for in the preceding Article, with regard to an action for challenge of an arbitrator filed before this Act comes into effect, the provisions then in force continue to govern.

In addition to what is provided for in the preceding two Articles, if a party became aware, before this Act comes into effect, that the arbitral tribunal had been organized and that there was any of the grounds referred to in the items of Article 18, paragraph (1) with respect to the arbitrator, then with regard to the application of the provisions of Article 19, paragraph (3), the phrase "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 that paragraph is deemed to be replaced with "the day on which this Act comes into effect".

In the case where an arbitral award was made before this Act comes into effect, with regard to the deposit of that arbitral award with the court, the effect of that arbitral award, an action to set aside that arbitral award, and civil enforcement based on that arbitral award, the provisions then in force continue to govern.

With regard to the application of penal provisions to acts committed before this Act comes into effect and to acts committed after this Act comes into effect in the cases where the provisions then in force continue to govern pursuant to the provision of Article 5 of the Supplementary Provisions, the provisions then in force continue to govern.