Article 52-67Operational Rules

二particulars concerning conclusion of the basic contract for the implementation of dispute resolution procedures;

三particulars concerning the implementation of dispute resolution services;

四particulars concerning the burden charges that a member banking service provider bears for the cost required for dispute resolution services;

五if it collects fees from the parties for implementing dispute resolution services, the particulars concerning those fees;

六particulars concerning the coordination with other designated dispute resolution organizations, and national agencies, local governments, private business operators, or any other persons that conduct consultations, process complaints or resolve disputes;

七particulars concerning the processing of complaints about dispute resolution services; and

八beyond what is set forth in the preceding items, particulars specified by Cabinet Office Order as those necessary for implementing dispute resolution services.

一the fact that the designated dispute resolution organization is to commence complaint processing procedures or dispute resolution procedures based on a request for the resolution of a complaint related to banking services, etc. by the customer of a member banking service provider, or a request for dispute resolution procedures by the party;

二the fact that when the designated dispute resolution organization or dispute resolution mediator commences complaint processing procedures or commences dispute resolution procedures based on a request by the customer of a member banking service provider, the designated dispute resolution organization or dispute resolution mediator may request the member banking service provider to comply with those procedures, and that the member banking service provider must not refuse the request without legitimate grounds;

三the fact that the designated dispute resolution organization or dispute resolution mediator may request a member banking service provider to make a report or submit books, documents, or any other articles in the course of complaint processing procedures or dispute resolution procedures, and that the member banking service provider must not refuse the request without legitimate grounds;

四the fact that the dispute resolution mediator may prepare a settlement proposal necessary for resolving a dispute related to banking services, etc. in dispute resolution procedures, and recommend that the parties accept the settlement proposal;

五when there is no prospect of reaching a settlement between the parties by the recommendation to accept the settlement proposal referred to in the preceding item, and the dispute resolution mediator finds it to be reasonable in light of the nature of the case, the intentions of the parties, the status of implementation of procedures by the parties, or any other circumstances, the fact that the mediator may prepare a special conciliation proposal necessary for resolving a dispute related to banking services, etc. and present it to the parties by giving the reason;

六when dispute resolution procedures are commenced for a claim in pending litigation, the fact that the member banking service provider must report that the litigation is pending, the grounds for the claim under litigation, and the progress of the litigation to the designated dispute resolution organization;

七when litigation is filed for a claim that is subject to dispute resolution procedures, the fact the member banking service provider must report that the litigation has been filed and the grounds for the claim under litigation to the designated dispute resolution organization;

八beyond what is set forth in the preceding two items, when a member banking service provider is requested to report the progress of litigation involving a claim or any other particulars that is subject to dispute resolution procedures, the fact that the member banking service provider must report the particulars to the designated dispute resolution organization;

九when the litigation referred to in item (vi) or (vii) are no longer pending before the court, or when the judicial decision on the litigation has become final and binding, the fact that the member banking service provider must report that fact and the content of the judicial decision to the designated dispute resolution organization;

十the fact that a member banking service provider must provide necessary information or take other measures necessary for informing its customers of the implementation of dispute resolution services by the designated dispute resolution organization; and

十一beyond what is set forth in the preceding items, particulars that are specified by Cabinet Office Order as being necessary for accelerating the processing of complaints related to banking services, etc. or the resolution of the dispute related to banking services, etc.

一measures have been taken to ensure coordination between complaint processing procedures and dispute resolution procedures;

二a method for appointing a dispute resolution mediator and for eliminating a dispute resolution mediator have been established when that mediator has an interest in the party to a dispute related to banking services, etc. or when there are other grounds that are likely to interfere with the fair implementation of dispute resolution procedures;

三for a designated dispute resolution organization established to conduct operations for dispute resolution procedures in disputes related to banking services, etc. to which its substantial controller, etc. (meaning a person specified by Cabinet Office Order as one that substantially controls the business of the designated dispute resolution organization due to their holding shares in the designated dispute resolution organization, their financing of the designated dispute resolution organization, or any other cause, or that has a significant influence on its business) or their subsidiary company, etc. (meaning a person specified by Cabinet Office Order as one which the designated dispute resolution organization substantially controls the business due to the designated dispute resolution organization holding shares or any other cause) is a party, the fact that measures have been taken to prevent the substantial controller, etc., the subsidiary company, etc., or designated dispute resolution organization from exercising undue influence on the dispute resolution mediator;

四measures for receiving advice from an attorney-at-law when the dispute resolution mediator is not an attorney-at-law (excluding the case in which the dispute resolution mediator is a judicial scrivener prescribed in Article 3, paragraph (2) of the Judicial Scriveners Act (Act No. 197 of 1950), when the dispute resolution procedures are conducted for a dispute prescribed in paragraph (1), item (vii) of that Article) and the implementation of dispute resolution procedures require expert knowledge for the interpretation and application of laws and regulations are established;

五an appropriate means of giving notice upon implementing dispute resolution procedures is established;

六a standard operation process from the commencement to the termination of dispute resolution procedures is established;

七the requirements and formalities for the customer of a member banking service provider to file a request for the resolution of a complaint related to banking services, etc. with the designated dispute resolution organization, or for the party to a dispute related to banking services, etc. to file a request for dispute resolution procedures with the designated dispute resolution organization have been established;

八the procedures for the designated dispute resolution organization to promptly notify the customer of a member banking service provider which is to be the other party to a dispute related to banking services, etc. when the organization receives a request for dispute resolution procedures from a member banking service provider, as well as for confirming whether the customer will request dispute resolution procedures to be implemented in response to the notice with the customer have been established;

九the procedures for the designated dispute resolution organization to promptly notify the member banking service provider which is to be the other party to a dispute related to banking services, etc. when the organization receives a request for dispute resolution procedures referred to in item (vii) from the customer of the member banking service provider have been established;

十the method of retaining or returning books, documents, and any other articles submitted in the course of dispute resolution procedures, and other methods of handling them have been established;

十一the method of handling confidential information of the parties to a dispute related to banking services, etc. and of any third party, which is included in an opinion stated or in books, documents, or any other articles submitted or presented in the course of dispute resolution procedures, in order to properly retain the confidential information in accordance with its nature has been established. The same applies to any confidential information stated in the dispute resolution procedure record prescribed in Article 52-73, paragraph (9);

十二the requirements and formalities for the parties to a dispute related to banking services, etc. to terminate the dispute resolution procedures have been established;

十三if the dispute resolution mediator finds that there is no prospect of reaching a settlement between the parties to the dispute related to banking services, etc. through dispute resolution procedures, the fact that the mediator will promptly terminate the dispute resolution procedures and notify the parties to the dispute related to banking services, etc. to that effect is established; and

十四the measures for the dispute resolution mediator and the officers and employees of the designated dispute resolution organization to reliably retain the confidential information learned concerning dispute resolution services have been established .

一the amount of burden charges provided for in paragraph (1), item (iv), the amount of the fees provided for in item (v) of that paragraph, or the method of their calculation and the method of their payment (referred to as the "amount of burden charges, etc." in the following item) has been established; and

二the fact that the amount of burden charges, etc. is not extremely unreasonable.

一the customer of the member banking service provider that is a party (hereinafter simply referred to as the "customer" in this paragraph) does not accept the settlement proposal;

二at the time the settlement proposal is presented, litigation has not been filed in connection with a claim subject to the dispute resolution procedures, but by the last day of the one-month period that begins on the day on which the member banking service provider learns that the customer has accepted the settlement proposal, the litigation has been filed in relation to the claim and has not been withdrawn;

三at the time the settlement proposal is presented, litigation has been filed in relation to a claim subject to dispute resolution procedures, and by the last day of the one-month period that begins on the day on which the member banking service provider learns that the customer has accepted the settlement proposal, the litigation has not been withdrawn; or

四by the last day of the one-month period that begins on the day on which the member banking service provider learns that the customer has accepted the settlement proposal, an arbitration agreement as defined in Article 2, paragraph (1) of the Arbitration Act (Act No. 138 of 2003) is reached, or a settlement or conciliation is reached between the parties in the dispute related to banking services, etc. for which the dispute resolution procedures were implemented, without recourse to the settlement proposal.