A designated dispute resolution organization must establish operational rules on the following particulars:
particulars concerning the content of the basic contract for the implementation of dispute resolution procedures;
手続実施基本契約の内容に関する事項
particulars concerning conclusion of the basic contract for the implementation of dispute resolution procedures;
手続実施基本契約の締結に関する事項
particulars concerning the implementation of dispute resolution services;
紛争解決等業務の実施に関する事項
particulars concerning the burden charges that a member banking service provider bears for the cost required for dispute resolution services;
if it collects fees from the parties for implementing dispute resolution services, the particulars concerning those fees;
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;
他の指定紛争解決機関その他相談、苦情の処理又は紛争の解決を実施する国の機関、地方公共団体、民間事業者その他の者との連携に関する事項
particulars concerning the processing of complaints about dispute resolution services; and
紛争解決等業務に関する苦情の処理に関する事項
beyond what is set forth in the preceding items, particulars specified by Cabinet Office Order as those necessary for implementing dispute resolution services.
The basic contract for the implementation of dispute resolution procedures referred to in item (i) of the preceding paragraph must have the following particulars as its content:
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;
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;
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;
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;
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;
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;
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;
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;
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;
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
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.
When a designated dispute resolution organization receives an offer to conclude a basic contract for the implementation of dispute resolution procedures from a banking service provider, unless the banking service provider's performance of the obligations involved in the basic contract for the implementation of dispute resolution procedures or any other obligations involved in the implementation of dispute resolution services is expected to be unreliable, the operational rules on the particulars involved in concluding a basic contract for the implementation of dispute resolution procedures referred to in paragraph (1), item (ii) must provide that the designated dispute resolution organization must not refuse the offer.
The operational rules on the particulars set forth in paragraph (1), item (iii) must conform to the following criteria:
measures have been taken to ensure coordination between complaint processing procedures and dispute resolution procedures;
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;
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;
指定紛争解決機関の実質的支配者等(指定紛争解決機関の株式の所有、指定紛争解決機関に対する融資その他の事由を通じて指定紛争解決機関の事業を実質的に支配し、又はその事業に重要な影響を与える関係にあるものとして内閣府令で定める者をいう。)又は指定紛争解決機関の子会社等(指定紛争解決機関が株式の所有その他の事由を通じてその事業を実質的に支配する関係にあるものとして内閣府令で定める者をいう。)を銀行業務等関連紛争の当事者とする銀行業務等関連紛争について紛争解決手続の業務を行うこととしている指定紛争解決機関にあつては、当該実質的支配者等若しくは当該子会社等又は指定紛争解決機関が紛争解決委員に対して不当な影響を及ぼすことを排除するための措置が講じられていること。
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;
an appropriate means of giving notice upon implementing dispute resolution procedures is established;
紛争解決手続の実施に際して行う通知について相当な方法を定めていること。
a standard operation process from the commencement to the termination of dispute resolution procedures is established;
紛争解決手続の開始から終了に至るまでの標準的な手続の進行について定めていること。
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;
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;
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;
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;
紛争解決手続において提出された帳簿書類その他の物件の保管、返還その他の取扱いの方法を定めていること。
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);
紛争解決手続において陳述される意見又は提出され、若しくは提示される帳簿書類その他の物件に含まれる銀行業務等関連紛争の当事者又は第三者の秘密について、当該秘密の性質に応じてこれを適切に保持するための取扱いの方法を定めていること。第五十二条の七十三第九項に規定する手続実施記録に記載されているこれらの秘密についても、同様とする。
the requirements and formalities for the parties to a dispute related to banking services, etc. to terminate the dispute resolution procedures have been established;
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
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 .
The operational rules on the particulars set forth in paragraph (1), items (iv) and (v) must conform to the following criteria:
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
the fact that the amount of burden charges, etc. is not extremely unreasonable.
負担金額等が著しく不当なものでないこと。
The term "special conciliation proposal" as used in paragraph (2), item (v) means a settlement proposal that a member banking service provider must accept except in the following cases:
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;
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;
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
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.
Changes to the operational rules do not become effective without the authorization by the Prime Minister.
業務規程の変更は、内閣総理大臣の認可を受けなければ、その効力を生じない。
When seeking to grant the authorization under the provisions of the preceding paragraph, the Prime Minister must consult with the Minister of Justice on whether the operational rules that is related to the authorization conform to the criteria set forth in the items of paragraph (4) and the items of paragraph (5) (limited to the part related to the operation of dispute resolution procedures), in advance.