Moves to Article 46, paragraph (1) by (Act No. 53 of 2023)
If any of the following grounds exist, the parties may file a petition with the court to set aside the arbitral award:
当事者は、次に掲げる事由があるときは、裁判所に対し、仲裁判断の取消しの申立てをすることができる。
Moves to Article 46, paragraph (1), item (i) by (Act No. 53 of 2023)
the arbitration agreement is not valid due to the limitation on the legal capacity of a party;
仲裁合意が、当事者の行為能力の制限により、その効力を有しないこと。
Moves to Article 46, paragraph (1), item (ii) by (Act No. 53 of 2023)
the arbitration agreement is not valid on grounds other than the limitation on the legal capacity of a party pursuant to the laws and regulations designated by the agreement of the parties as those which should be applied to the arbitration agreement (or if the designation has not been made, pursuant to Japanese laws and regulations);
仲裁合意が、当事者が合意により仲裁合意に適用すべきものとして指定した法令（当該指定がないときは、日本の法令）によれば、当事者の行為能力の制限以外の事由により、その効力を有しないこと。
Moves to Article 46, paragraph (1), item (iii) by (Act No. 53 of 2023)
the petitioner did not receive the notice that is required pursuant to Japanese laws and regulations (or if the parties have reached an agreement on the matters concerning the provisions unrelated to public order in those laws and regulations, pursuant to the agreement) in the procedure of appointing arbitrators or in the arbitration procedure;
申立人が、仲裁人の選任手続又は仲裁手続において、日本の法令（その法令の公の秩序に関しない規定に関する事項について当事者間に合意があるときは、当該合意）により必要とされる通知を受けなかったこと。
Moves to Article 46, paragraph (1), item (iv) by (Act No. 53 of 2023)
the petitioner was unable to conduct a defense in the arbitration procedure;
申立人が、仲裁手続において防御することが不可能であったこと。
Moves to Article 46, paragraph (1), item (v) by (Act No. 53 of 2023)
the arbitral award contains a decision concerning matters beyond the scope of the arbitration agreement or of the petition presented in the arbitration procedure;
Moves to Article 46, paragraph (1), item (vi) by (Act No. 53 of 2023)
the composition of the arbitral tribunal or the arbitration procedure is in violation of Japanese laws and regulations (or if the parties have reached an agreement regarding the matters concerning the provisions unrelated to public order in those laws and regulations, the agreement);
仲裁廷の構成又は仲裁手続が、日本の法令（その法令の公の秩序に関しない規定に関する事項について当事者間に合意があるときは、当該合意）に違反するものであったこと。
Moves to Article 46, paragraph (1), item (vii) by (Act No. 53 of 2023)
a petition filed in the arbitration procedure is concerned with a dispute which may not be subject to an arbitration agreement pursuant to the provisions of Japanese laws and regulations; or
仲裁手続における申立てが、日本の法令によれば、仲裁合意の対象とすることができない紛争に関するものであること。
Moves to Article 46, paragraph (1), item (viii) by (Act No. 53 of 2023)
the content of the arbitral award is contrary to public policy in Japan.
仲裁判断の内容が、日本における公の秩序又は善良の風俗に反すること。
Changes and moves to Article 46, paragraph (2) by (Act No. 53 of 2023)
The petition referred to in the preceding paragraph may not be filed when three months have elapsed from the date on which the notice was given through sending of a copy of the written arbitral award (including the written decision made by the arbitral tribunal under Article 41 through the preceding Article), or when the enforceability order under Article 46 has become final and binding.
前項の申立ては、仲裁判断書（第四十一条から前条までの規定による仲裁廷の決定の決定書を含む。）の写しの送付による通知がされた日から三箇月を経過したとき、又は第四十六条の規定による執行決定が確定したときは、することができない。
Moves to Article 46, paragraph (3) by (Act No. 53 of 2023)
An immediate appeal may be filed against the decision under Article 5, paragraph (4) or (5) with regard to the case related to the petition referred to in paragraph (1).
Moves to Article 46, paragraph (4) by (Act No. 53 of 2023)
The court may not make a decision on the petition referred to in paragraph (1) without holding an oral argument or a hearing which both parties can attend.
裁判所は、口頭弁論又は当事者双方が立ち会うことができる審尋の期日を経なければ、第一項の申立てについての決定をすることができない。
Moves to Article 46, paragraph (5) by (Act No. 53 of 2023)
If the petition referred to in paragraph (1) has been filed, and the court finds that any of the grounds stated in the items of the paragraph exist (for the grounds set forth in items (i) through (vi) of that paragraph, limited to the case in which the applicant has proved the existence of the grounds), it may set aside the arbitral award.
裁判所は、第一項の申立てがあった場合において、同項各号に掲げる事由のいずれかがあると認めるとき（同項第一号から第六号までに掲げる事由にあっては、申立人が当該事由の存在を証明した場合に限る。）は、仲裁判断を取り消すことができる。
Moves to Article 46, paragraph (6) by (Act No. 53 of 2023)
If the grounds stated in paragraph (1), item (v) exist, and the part concerning the matters provided for in that item can be separated from the other parts of the arbitral award, the court may set aside only the relevant part of the arbitral award.
Moves to Article 46, paragraph (7) by (Act No. 53 of 2023)
An immediate appeal may be filed against the decision on the petition referred to in paragraph (1).
第一項の申立てについての決定に対しては、即時抗告をすることができる。
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)
arbitration agreement
「仲裁合意」
An agreement to entrust the resolution of all or part of a civil dispute — one that has already arisen, or one that may arise in future over a certain legal relationship, whether contractual or not — to one or more arbitrators, and to accept their decision (the arbitral award, 仲裁判断).
Defined inArticle 2, paragraph (1)· applies throughout the law
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
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.
public policy
公の秩序又は善良の風俗
Public order and good morals, called 公序 (public policy) for short in the heading of Article 42 of the Act on General Rules for Application of Laws. The law refuses effect to what goes against them: a juridical act (法律行為), such as a contract, that goes against them is void (Civil Code, Article 90); a custom that does not go against them has the same effect as a law only where laws and regulations authorise it or it concerns a matter they do not provide for (Act on General Rules for Application of Laws, Article 3); and where that Act makes a foreign law govern, a provision of that law is not applied if applying it would go against them (Article 42).
Written by AI using Civil Code, Art. 90 and Act on General Rules for Application of Laws, Arts. 3, 42 as a reference.