Changes and moves to Article 35, paragraph (1) by (Act No. 53 of 2023)
If an arbitration petitioner violates the provisions of Article 31, paragraph (1), the arbitral tribunal must make a decision to end the arbitration procedure; provided, however, that this does not apply to cases in which there are justifiable grounds for that violation.
Changes and moves to Article 35, paragraph (2) by (Act No. 53 of 2023)
Even if an arbitration respondent has violated the provisions of Article 31, paragraph (2), the arbitral tribunal must continue the arbitration procedure without treating that violation as being the arbitration respondent's admission of the arbitration petitioner's allegations.
Moves to Article 35, paragraph (3) by (Act No. 53 of 2023)
If one party fails to appear on the date of oral hearings or to produce documentary evidence, the arbitral tribunal may make an arbitral award on the evidence collected by that time; provided, however, that this does not apply to cases in which there are justifiable grounds for the party to fail to appear at the oral hearings or to produce documentary evidence.
Moves to Article 35, paragraph (4) by (Act No. 53 of 2023)
The provisions of the preceding three paragraphs do not apply if otherwise agreed by the parties.
前三項の規定は、当事者間に別段の合意がある場合には、適用しない。
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
arbitration petitioner
「仲裁申立人」
The party who took the step that started the arbitration procedure.
Defined inArticle 31, paragraph (1)
arbitration respondent
「仲裁被申立人」
A party to the arbitration procedure other than the party who started it (the arbitration petitioner, 仲裁申立人).
Defined inArticle 31, paragraph (2)