Changes and moves to Article 34, paragraph (1) by (Act No. 53 of 2023)
An arbitral tribunal may hold oral hearings to have the parties produce evidence or state their opinions; provided, however, that if one party makes the request referred to in Article 34, paragraph (3) or otherwise petitions to hold oral hearings, the arbitral tribunal must hold the oral hearings at an appropriate stage of the arbitration procedure.
Moves to Article 34, paragraph (2) by (Act No. 53 of 2023)
The provisions of the preceding paragraph do not apply if otherwise agreed by the parties.
前項の規定は、当事者間に別段の合意がある場合には、適用しない。
Moves to Article 34, paragraph (3) by (Act No. 53 of 2023)
If the arbitral tribunal holds an oral hearing to hear opinions or inspect goods or documents, it must notify the parties of the date, time and place of the oral hearing, leaving a reasonable period of time before the date of the oral hearing.
仲裁廷は、意見の聴取又は物若しくは文書の見分を行うために口頭審理を行うときは、当該口頭審理の期日までに相当な期間をおいて、当事者に対し、当該口頭審理の日時及び場所を通知しなければならない。
Moves to Article 34, paragraph (4) by (Act No. 53 of 2023)
If a party has submitted a written allegation, documentary evidence or any other records to the arbitral tribunal, the party must take measures to enable the other party to know their contents.
Changes and moves to Article 34, paragraph (5) by (Act No. 53 of 2023)
An arbitral tribunal must take measures to enable all the parties to know the content of the report of the expert and other evidentiary material which should serve as the basis for the arbitral award or other decisions by the arbitral tribunal.
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
written allegation
「主張書面」
A document a party to an arbitration procedure prepares and submits to the arbitral tribunal (仲裁廷), setting out that party's allegations.
Defined inArticle 2, paragraph (3)· applies throughout the law