Article 47Enforcement Approval Order of Orders for Interim Measures

①With the person that received an order for interim measures (irrespective of whether or not the place of arbitration is in Japan; hereinafter the same applies in this Chapter) as the respondent, in accordance with the categories stated in each of the following items, a person that filed a petition for the order for interim measures may file a petition with the court to issue the orders specified in those items (hereinafter referred to as "enforcement approval orders"):

②When filing the petition referred to in the preceding paragraph, the party must submit a copy of the written order for interim measures, a document certifying that the content of the copy is the same as that in the written order for interim measures, and a Japanese translation of the written order for interim measures (excluding one prepared in Japanese; hereinafter the same applies in this paragraph); provided, however, that if the court finds it appropriate, after hearing the opinions of the respondent, the court may decide not to require the submission of the Japanese translation of the whole or part of the written order for interim measures.

③If the court with which the petition referred to in paragraph (1) is filed has come to acknowledge that a petition for revoking, amending or suspending the order for interim measures is filed with the arbitral tribunal or judicial body (limited to the case in which the judicial body of the country to which the place of arbitration belongs has authority, according to the laws and regulations of that country (or if the laws and regulations applied to the order for interim measures are laws and regulations of a country other than the country to which the place of arbitration belongs, according to the laws and regulations of that other country)) and finds it necessary to do so, the court may suspend the procedure for the petition referred to in that paragraph. In this case, the court may order the respondent to provide security, upon the petition of the person that filed the petition referred to in that paragraph.

④Notwithstanding the provisions of Article 5, paragraphs (1) and (2), the case subject to the petition referred to in paragraph (1) is under the exclusive jurisdiction of the following courts:

⑤An immediate appeal may be filed against the decision under Article 5, paragraph (4) or (5) with regard to a case related to the petition referred to in paragraph (1).

⑥The court is required to make an enforcement approval order, except the case in which it dismisses the petition referred to in paragraph (1) without prejudice pursuant to the provisions of the following paragraph or paragraph (8).

⑦If a petition referred to in paragraph (1) has been filed, the court may dismiss the petition without prejudice only when it finds that any of the grounds stated in the following items exist (for the grounds stated in items (i) through (viii), limited to the case in which the respondent has proved the existence of the grounds):

⑧If the grounds stated in item (v) of the preceding paragraph exist, and the part concerning the matters provided for in that item can be separated from the other parts of the order for interim measures, the relevant part and the other parts of the order for interim measures are respectively deemed to be independent orders for interim measures, and the provisions of that paragraph apply.

⑨An enforcement approval order is not effective until it becomes final and binding.

⑩The provisions of Article 44, paragraphs (4) and (7) apply mutatis mutandis to the decision on the petition referred to in paragraph (1).