Chapter III Arbitrator

①The number of arbitrators is as prescribed by the agreement of the parties.

②If there are two parties, and an agreement referred to in the preceding paragraph has not been reached, there will be three arbitrators.

③If there are three or more parties, and an agreement referred to in paragraph (1) has not been reached, the number of arbitrators is provided by the court, upon the petition of a party.

①The procedure for appointing an arbitrator is as provided by the agreement of the parties; provided, however, that this does not apply to what is provided for in paragraph (5) or (6).

②If there are two parties and three arbitrators, and an agreement referred to in the preceding paragraph has not been reached, each party will appoint one arbitrator, and the two arbitrators appointed by the parties will appoint the third arbitrator. In this case, if one party fails to appoint an arbitrator within 30 days from the day on which it received a request for appointing an arbitrator from the other party that has already appointed an arbitrator, the court will appoint the arbitrator upon the petition of that other party, and if the two arbitrators appointed by the parties fail to appoint the third arbitrator within 30 days from their appointment, the court will appoint the arbitrator upon the petition of one of the parties.

③If there are two parties and one arbitrator, an agreement referred to in paragraph (1) has not been reached, and the parties are unable to reach an agreement for the appointment of the arbitrator, the court will appoint the arbitrator upon the petition of one of the parties.

④If there are three or more parties, and the agreement referred to in paragraph (1) has not been reached, the court will appoint the arbitrator upon the petition of a party.

⑤Even if a procedure for appointing an arbitrator has been provided by the agreement referred to in paragraph (1), if it becomes impossible to appoint an arbitrator under the procedure for appointing an arbitrator due to the fact that the act provided under the procedure is not performed or for any other reason, one of the parties may file a petition for the appointment of an arbitrator with the court.

⑥In appointing an arbitrator under the provisions of paragraph (2) through the preceding paragraph, the court must pay due consideration to the following matters:

①If the following grounds are found with respect to an arbitrator, the parties may challenge the arbitrator:

②A party that has appointed an arbitrator or that has made a recommendation for appointment or otherwise similarly participated in the appointment of the arbitrator may challenge that arbitrator only if they do so on grounds that they become aware of after the appointment.

③A person who has been requested to assume the post of an arbitrator and intends to accept the negotiation must disclose to the person that made the request all facts that would be likely to give rise to doubts as to their impartiality or independence.

④An arbitrator must disclose all the facts that would be likely to give rise to doubts as to their impartiality or independence (excluding those which have already been disclosed) to the parties without delay during the course of the arbitration procedure.

①The procedure for challenging an arbitrator is as provided by the agreement of the parties; provided, however, that this does not apply to what is provided for in paragraph (4).

②If an agreement referred to in the preceding paragraph has not been reached, the decision on the challenge of the arbitrator is to be made by the arbitral tribunal, upon the petition of a party.

③A party that intends to file a petition referred to in the preceding paragraph must submit a written petition stating the grounds for the challenge to the arbitral tribunal within 15 days from the day on which they became aware that the arbitral tribunal had been organized or the day on which they became aware of the existence of any grounds referred to in the items of paragraph (1) of the preceding Article, whichever comes later. In this case, if the arbitral tribunal finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.

④If a decision is made to the effect that the challenge of an arbitrator is groundless in the challenge procedure provided in the preceding three paragraphs, the party that challenged may file a petition for the challenge of the arbitrator with the court, within 30 days from the day of receipt of notice of the decision. In this case, if the court finds grounds for challenging the arbitrator, it must decide that the challenge is well-grounded.

⑤Even while the case subject to the petition for the challenge referred to in the preceding paragraph is pending in court, the arbitral tribunal may commence or continue the arbitration procedure, and make an arbitral award.

If the following grounds are found, a party may file a petition to dismiss the arbitrator with the court. In this case, if the court finds that grounds related to the petition apply to the arbitrator, it must decide to dismiss the arbitrator:

①The arbitrator's duties end for the following reasons:

②It is prohibited to presume that the grounds stated in the items of Article 18, paragraph (1) or the items of the preceding Article are found regarding the relevant arbitrator from the mere fact that the arbitrator resigned or was dismissed by the agreement of the parties during the course of the challenge procedure provided for in Article 19, paragraphs (1) through (4), or the procedure for dismissal under the preceding Article.

Unless otherwise agreed by the parties, if the arbitrator's duties have ended for the reasons stated in the items of the preceding Article, paragraph (1), the method of appointing a successor arbitrator is the appointment method applied to the appointment of the arbitrator whose duties have ended.