Moves to Article 28, paragraph (1) by (Act No. 53 of 2023)
The rules of an arbitration procedure which the arbitral tribunal should observe are as provided by the agreement of the parties; provided, however, that these rules must not violate the provisions concerning public order provided in this Act.
仲裁廷が従うべき仲裁手続の準則は、当事者が合意により定めるところによる。ただし、この法律の公の秩序に関する規定に反してはならない。
Moves to Article 28, paragraph (2) by (Act No. 53 of 2023)
If an agreement referred to in the preceding paragraph has not been reached, the arbitral tribunal may carry out the arbitration procedure in the manner it finds appropriate, unless the manner violates the provisions of this Act.
Moves to Article 28, paragraph (3) by (Act No. 53 of 2023)
If an agreement referred to in paragraph (1) has not been reached, the power conferred upon the arbitral tribunal includes the power to determine the admissibility of the evidence as evidence, necessity of its examination, and its probative value.
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