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.
The 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").
The 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.
The 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.
Except 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.
The provisions of Article 1416, paragraph (1) and Article 1517 apply to the case in which the place of arbitration is in or outside Japan, or has yet to be determined.
第三条第三項(適用範囲)
第八章の規定は、仲裁地が日本国内にある場合及び仲裁地が日本国外にある場合に適用する。
The provisions of Chapter VIII apply to the case in which the place of arbitration is in or outside Japan.
第四条
(裁判所の関与)Participation of the Court
第一項
仲裁手続に関しては、裁判所は、この法律に規定する場合に限り、その権限を行使することができる。
The court may exercise its authority over an arbitration procedure only in the case provided for in this Act.
第五条
(裁判所の管轄)Jurisdiction of the Court
第一項
この法律の規定により裁判所が行う手続に係る事件は、次に掲げる裁判所の管轄に専属する。
The 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:
一
当事者が合意により定めた地方裁判所
the district court determined by an agreement between the parties;
the district court which has jurisdiction over the place of arbitration (limited to the case where an area that belongs only to a jurisdictional district of a single district court is determined to be the place of arbitration); or
三
当該事件の被申立人の普通裁判籍の所在地を管轄する地方裁判所
the district court which has jurisdiction over the location of the general venue of the respondent of the case.
Notwithstanding 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.
第三項
この法律の規定により二以上の裁判所が管轄権を有するときは、先に申立てがあった裁判所が管轄する。
If two or more courts have jurisdiction pursuant to the provisions of this Act, the court which first received a petition has jurisdiction.
If 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.
If 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.
第六条
(任意的口頭弁論)Optional Oral Arguments
第一項
この法律の規定により裁判所が行う手続に係る裁判は、口頭弁論を経ないですることができる。
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.
第八条
(仲裁地が定まっていない場合における裁判所の関与)Participation of the Court in the Case in Which the Place of Arbitration Has Yet to Be Determined
The 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:
第八条第一項第一号(仲裁地が定まっていない場合における裁判所の関与)改正
第十六条第十八条第三項の申立て 同条
the petition referred to in Article 1618, paragraph (3):Article 1618
第八条第一項第二号(仲裁地が定まっていない場合における裁判所の関与)改正
第十七条第十九条第二項から第五項までの申立て 同条
the petitions referred to in Article 1719, paragraphs (2) through (5):Article 1719
第八条第一項第三号(仲裁地が定まっていない場合における裁判所の関与)改正
第十九条第二十一条第四項の申立て 第十八条及び第十九条第二十条及び第二十一条
the petition referred to in Article 1921, paragraph (4):Articles 1820 and 1921; and
第八条第一項第四号(仲裁地が定まっていない場合における裁判所の関与)改正
第二十条第二十二条の申立て 同条
the petition referred to in Article 2022:Article 2022.
Notwithstanding 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:
第八条第二項第一号(仲裁地が定まっていない場合における裁判所の関与)
前項に規定する普通裁判籍の所在地を管轄する地方裁判所
the district court which has jurisdiction over the location of the general venue provided for in the preceding paragraph; and
第八条第二項第二号(仲裁地が定まっていない場合における裁判所の関与)
東京地方裁判所及び大阪地方裁判所
the Tokyo District Court and the Osaka District Court.
第九条見出し改正
裁判所が行う手続に係る事件の非電磁的事件記録の閲覧等
Inspection of Record of the CaseHard-Copy Case Records Related to the Proceeding Carried Out by the Court
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:(hereinafter referred to as an "interested person") may file a request with the court clerk for inspection or copying of hard-copy case records (meaning the part of the records of the case excluding the electronic or magnetic case records prescribed in paragraph (1) of the following Article; the same applies hereinafter in this Article).
reproduction of a record which is created in an electronic form, a magnetic form, or any other form that cannot be perceived by the human senses that is included in the records of the case;
第九条第一項第三号(裁判所が行う手続に係る事件の記録の閲覧等)削除
事件の記録の正本、謄本又は抄本の交付
delivery of an authenticated copy, transcript, or extract of the record of the case; and
第九条第一項第四号(裁判所が行う手続に係る事件の記録の閲覧等)削除
事件に関する事項の証明書の交付
delivery of a certificate for the matters related to the case.
A 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.
If 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.
第九条の四見出し削除
電子情報処理組織による申立て等
Petition by Means of Electronic Data Processing System
Among 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.
The 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.
The 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.
Notwithstanding 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.
When 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.
In 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.
When 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.
第九条の五第二項(裁判書)削除
前項の裁判書を送達する場合には、当該送達は、当該裁判書の正本によってする。
If the written judgment referred to in the preceding paragraph is served, an authenticated copy of the written judgment is served.
The provisions of the preceding two paragraphs do not apply to audio tapes or video tapes (including objects on which certain matters are recorded by a method equivalent to these) among hard-copy case records. In this case, an interested person may file a request with the court clerk for a duplicate of these objects.
The provisions of Article 91, paragraph (5) of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to a request under paragraph (1) and the preceding paragraph.
第十条見出し新設
裁判所が行う手続に係る電磁的事件記録の閲覧等
Inspection of Electronic or Magnetic Case Records Related to the Proceeding Carried Out by the Court
An interested person may file a request with the court clerk, as provided by the Rules of the Supreme Court, for inspection of the contents of electronic or magnetic case records (meaning the part of the records of the case pertaining to the matters recorded in a file (referred to simply as a "file" in Article 37, paragraph (6)) kept, pursuant to the provisions of this Act or other laws and regulations, on a computer (including its input and output devices; the same applies hereinafter in this Article and the following Article) used by the court; the same applies hereinafter in this Article) displayed by the method specified by the Rules of the Supreme Court.
An interested person may file a request with the court clerk, as provided by the Rules of the Supreme Court, for a copy of the matters recorded in the electronic or magnetic case records, made by a method such as recording them in a file kept on the computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court (meaning an electronic data processing system that connects the computer used by the court and the computer used by the other party to the procedure over telecommunication lines; the same applies hereinafter in the following paragraph and the following Article), or by any other method specified by the Rules of the Supreme Court.
An interested person may file a request with the court clerk, as provided by the Rules of the Supreme Court, for the delivery of a document stating all or part of the matters recorded in the electronic or magnetic case records, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of that document are identical to the matters recorded in the electronic or magnetic case records, or for the provision of 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 hereinafter) recording all or part of those matters, for which the court clerk has certified, by the method specified by the Rules of the Supreme Court, that the contents of that electronic or magnetic record are identical to the matters recorded in the electronic or magnetic case records, by a method such as recording it in a file kept on the computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.
第十条第四項(裁判所が行う手続に係る電磁的事件記録の閲覧等)新設
民事訴訟法第九十一条第五項の規定は、第一項及び第二項の規定による請求について準用する。
The provisions of Article 91, paragraph (5) of the Code of Civil Procedure apply mutatis mutandis to a request under paragraphs (1) and (2).
第十一条見出し新設
裁判所が行う手続に係る事件に関する事項の証明
Certification of Matters Related to the Case Related to the Proceeding Carried Out by the Court
An interested person may file a request with the court clerk, as provided by the Rules of the Supreme Court, for the delivery of a document stating matters related to the case, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, or for the provision of an electronic or magnetic record recording those matters, for which the court clerk has certified those matters by the method specified by the Rules of the Supreme Court, by a method such as recording it in a file kept on the computer used by that person using an electronic data processing system specified by the Rules of the Supreme Court, or by any other method specified by the Rules of the Supreme Court.
第十二条
(裁判所が行う手続についての民事訴訟法の準用)Application Mutatis Mutandis of the Code of Civil Procedure to the Proceeding Carried Out by the Court
Except as otherwise specially provided, the provisions of PartParts 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 IV of the Code of Civil Procedure (Act No. 109 of 1996) apply mutatis mutandis to the proceeding carried out by thea court pursuant to the provisions of this Act, unless to the extent not contrary to thetheir 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 columnthe phrase "Article 2" in Article 132-11, paragraph (1), item (ii) of that tableAct is deemed to be replaced with the corresponding term or phrase listed in the right hand column of that table"Article 2 as applied mutatis mutandis pursuant to Article 9".
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.
第十四条
(書面によってする通知)Notice to Be Given by Means of Documents
Unless 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).
With 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.
第十四条第三項(書面によってする通知)
前項の規定は、当事者間に同項の送達を行わない旨の合意がある場合には、適用しない。
The 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.
Notwithstanding 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.
Unless 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.
The 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.