With the person that received an order for interim measures (irrespective of whether or not the place of arbitration is in Japan; hereinafter the same applies in this Chapter) as the respondent, in accordance with the categories stated in each of the following items, a person that filed a petition for the order for interim measures may file a petition with the court to issue the orders specified in those items (hereinafter referred to as "enforcement approval orders"):
an order for interim measures that orders taking measures stated in Article 2426, paragraph (1), item (iii):an order allowing the civil enforcement based on the order for interim measures; and
an order for interim measures that orders taking measures stated in Article 2426, paragraph (1), items (i), (ii), (iv) or (v):an order allowing issuance of an order for payment of money stated in Article 4951, paragraph (1), if the court finds that the respondent violates or is likely to violate the order for interim measures.
When filing the petition referred to in the preceding paragraph, the party must submit a copy of the written order for interim measures, a document certifying that the content of the copy is the same as that in the written order for interim measures, and a Japanese translation of the written order for interim measures (excluding one prepared in Japanese; hereinafter the same applies in this paragraph)the following documents or electronic or magnetic records; 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 stated in item (iii) or the electronic or magnetic record recording the content of the translation for the whole or part of the written order for interim measures.:
第四十九条第二項第一号(暫定保全措置命令の執行等認可決定)新設
暫定保全措置命令の命令書の写し又は暫定保全措置命令の命令書に記載された事項を記録した電磁的記録
a copy of the written order for interim measures or an electronic or magnetic record recording the matters stated in the written order for interim measures;
a document or electronic or magnetic record certifying that the content of the copy or electronic or magnetic record stated in the preceding item is the same as that in the written order for interim measures; and
a Japanese translation of the written order for interim measures (excluding one prepared in Japanese) or an electronic or magnetic record recording the content of the translation.
If the court with which the petition referred to in paragraph (1) is filed has come to acknowledge that a petition for revoking, amending or suspending the order for interim measures is filed with the arbitral tribunal or judicial body (limited to the case in which the judicial body of the country to which the place of arbitration belongs has authority, according to the laws and regulations of that country (or if the laws and regulations applied to the order for interim measures are laws and regulations of a country other than the country to which the place of arbitration belongs, according to the laws and regulations of that other country)) and finds it necessary to do so, the court may suspend the procedure for the petition referred to in that paragraph. 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 that paragraph.
Notwithstanding 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:
第四十九条第四項第一号(暫定保全措置命令の執行等認可決定)
第五条第一項各号に掲げる裁判所
the courts stated in the items of Article 5, paragraph (1);
第四十九条第四項第二号(暫定保全措置命令の執行等認可決定)
請求の目的又は差し押さえることができる被申立人の財産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 subject matter of the claim or the seizable property of the respondent; and
the Tokyo District Court and the Osaka District Court (limited to the case in which the place of arbitration, the location of the general venue of the respondent, or the location of the subject matter of the claim or the seizable property of the respondent is in Japan).
An 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).
The court is required to make an enforcement approval 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).
If a 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 following items exist (for the grounds stated in items (i) through (viii), limited to the case in which the respondent has proved the existence of the grounds):
第四十九条第七項第一号(暫定保全措置命令の執行等認可決定)
仲裁合意が、当事者の行為能力の制限により、その効力を有しないこと。
the arbitration agreement is not valid due to the limitation on the legal capacity of a party;
the arbitration agreement is not valid on grounds other than the limitation on the legal capacity of a party pursuant to the laws and regulations designated by the agreement of the parties as those which should be applied to the arbitration agreement (or if the designation has not been made, pursuant to the laws and regulations of the country to which the place of arbitration belongs);
the party did not receive the notice that is required pursuant to the laws and regulations of the country to which the place of arbitration belongs (or if the parties have reached an agreement on the matters concerning the provisions unrelated to public order in those laws and regulations, pursuant to the agreement) in the procedure of appointing arbitrators or in the arbitration procedure (limited to the part which concerns an order for interim measures; the same applies in the following item and item (vi));
第四十九条第七項第四号(暫定保全措置命令の執行等認可決定)
当事者が、仲裁手続において防御することが不可能であったこと。
the party was unable to conduct a defense in the arbitration procedure;
the order for interim measures was issued concerning matters beyond the scope of the arbitration agreement or other agreement concerning an order for interim measures or concerning matters beyond the scope of a petition for an order for interim measures;
the composition of the arbitral tribunal or the arbitration procedure is in violation of the laws and regulations of the country to which the place of arbitration belongs (or if the parties have reached an agreement concerning the matters concerning the provisions unrelated to public order in those laws and regulations, in violation of the agreement);
when the arbitral tribunal has ordered the party requesting an order for interim measures to provide appropriate security, and the party is in violation of the order and is not providing appropriate security;
the petition filed in the arbitration procedure is concerned with a dispute which may not be subject to an arbitration agreement pursuant to the provisions of Japanese laws and regulations; or
第四十九条第七項第十号(暫定保全措置命令の執行等認可決定)
暫定保全措置命令の内容が、日本における公の秩序又は善良の風俗に反すること。
the content of the order for interim measures is contrary to public policy in Japan.
If 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 order for interim measures, the relevant part and the other parts of the order for interim measures are respectively deemed to be independent orders for interim measures, and the provisions of that paragraph apply.
第四十九条第九項(暫定保全措置命令の執行等認可決定)
執行等認可決定は、確定しなければその効力を生じない。
An enforcement approval order is not effective until it becomes final and binding.
第四十九条第十項(暫定保全措置命令の執行等認可決定)改正
第四十四条第四十六条第四項及び第七項の規定は、第一項の申立てについての決定について準用する。
The provisions of Article 4446, paragraphs (4) and (7) apply mutatis mutandis to the decision on the petition referred to in paragraph (1).
第五十条
(暫定保全措置命令に基づく民事執行)Civil Enforcement Based on an Order for Interim Measures
Civil enforcement based on an order for interim measures (limited to the orders to take measures stated in Article 2426, paragraph (1), item (iii)) may be processed only when there is an enforcement approval order stated in the preceding Article.
第五十一条
(暫定保全措置命令に係る違反金支払命令)Order for Payment of Penalty Regarding Order for Interim Measures
When there is a final and binding enforcement approval order regarding an order for interim measures (limited to the orders to take measures stated in Article 2426, paragraph (1), item (i), (ii), (iv) and (v); hereinafter the same applies in this Article) and the court finds that the person that received the order for interim measures (hereinafter referred to as a "respondent" in this Article) violates or is likely to violate it, upon the petition of the person that filed the petition for the order for interim measures (referred to as a "petitioner" in paragraph (6)), the court may order the respondent to pay to the petitioner money of a certain amount that is found to be reasonable (subject to the violation of the order for interim measures, when it finds that the respondent is likely to violate it), taking into consideration the content and nature of the interest that would be harmed by the violation of the order for interim measures and also in what manner and to what extent that interest would be harmed.
Notwithstanding the provisions of the preceding paragraph, the court may issue an order for payment of money under the paragraph (hereinafter referred to as an "order for payment of penalty" in this Article) at the same time it issues an enforcement approval order. In this case, the order for payment of penalty is not finalized until the enforcement approval order is finalized.
Notwithstanding 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 court that issued the enforcement approval order or the court before which the case subject to the petition referred to in Article 4749, paragraph (1) (limited to the case referred to in item (ii) of that paragraph; the same applies in the following paragraph) is pending.
If the court has issued an order for payment of penalty and an enforcement approval order simultaneously pursuant to the first sentence of paragraph (2), and a judicial decision that sets aside the enforcement approval order becomes final and binding or the petition referred to in Article 4749, paragraph (1) is withdrawn, it must set aside the order for payment of penalty on its own initiative.
第五十一条第五項(暫定保全措置命令に係る違反金支払命令)
違反金支払命令は、確定しなければその効力を生じない。
An order for payment of penalty is not effective until it becomes final and binding.
If there has been payment of money that was ordered pursuant to the order for payment of penalty, and the amount of damages that resulted from violation of the order for interim measures exceeds the amount of payment, the petitioner is not precluded from claiming compensation for damages for the amount in excess.
If the order for interim measures has been revoked, amended or suspended by the arbitral tribunal or the judicial body stated in Article 4749, paragraph (3) after the order for payment of penalty was issued, upon the petition of the respondent, the court that issued the order for payment of penalty may set aside the order for payment of penalty.
The provisions of Article 4749, paragraph (3) apply mutatis mutandis to the petition referred to in paragraph (1), and the provisions of Article 4446, paragraphs (4) and (7) apply mutatis mutandis to the decision concerning the petition referred to in paragraph (1) and the preceding paragraph.