Moves to Article 21, paragraph (1) by (Act No. 53 of 2023)
The procedure for challenging an arbitrator is as provided by the agreement of the parties; provided, however, that this does not apply to what is provided for in paragraph (4).
仲裁人の忌避の手続は、当事者が合意により定めるところによる。ただし、第四項に規定するものについては、この限りでない。
Moves to Article 21, paragraph (2) by (Act No. 53 of 2023)
If an agreement referred to in the preceding paragraph has not been reached, the decision on the challenge of the arbitrator is to be made by the arbitral tribunal, upon the petition of a party.
Moves to Article 21, paragraph (3) by (Act No. 53 of 2023)
A party that intends to file a petition referred to in the preceding paragraph must submit a written petition stating the grounds for the challenge to the arbitral tribunal within 15 days from 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 this case, if the arbitral tribunal finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.
Moves to Article 21, paragraph (4) by (Act No. 53 of 2023)
If a decision is made to the effect that the challenge of an arbitrator is groundless in the challenge procedure provided in the preceding three paragraphs, the party that challenged may file a petition for the challenge of the arbitrator with the court, within 30 days from the day of receipt of notice of the decision. In this case, if the court finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.
前三項に規定する忌避の手続において仲裁人の忌避を理由がないとする決定がされた場合には、その忌避をした当事者は、当該決定の通知を受けた日から三十日以内に、裁判所に対し、当該仲裁人の忌避の申立てをすることができる。この場合において、裁判所は、当該仲裁人に忌避の原因があると認めるときは、忌避を理由があるとする決定をしなければならない。
Moves to Article 21, paragraph (5) by (Act No. 53 of 2023)
Even while the case subject to the petition for the challenge referred to in the preceding paragraph is pending in court, the arbitral tribunal may commence or continue the arbitration procedure, and make an arbitral award.
arbitral award
「仲裁判断」
The decision of the arbitrator or arbitrators on a civil dispute that the parties to an arbitration agreement (仲裁合意) have entrusted to them and agreed to accept.
Short name set inArticle 2, paragraph (1)
arbitral tribunal
「仲裁廷」
A single arbitrator, or a panel of two or more arbitrators, that hears a civil dispute covered by an arbitration agreement (仲裁合意) and makes the arbitral award (仲裁判断) on it.
Defined inArticle 2, paragraph (2)· applies throughout the law