Chapter IV Special Authority of Arbitral Tribunal

①An arbitral tribunal may rule on its own jurisdiction (meaning the authority to carry out proceedings in an arbitration procedure and to make an arbitral award; hereinafter the same applies in this Article), including a ruling on any allegations on the existence or validity of an arbitration agreement.

②In an arbitration procedure, an allegation that an arbitral tribunal does not have jurisdiction must be made promptly after the occurrence of the cause for the allegation if the cause has occurred during the course of the arbitration procedure, or, in any other case, an allegation must be made by the time of submission of the first written allegation on the merits (including the time of orally making the first allegation on the merits in oral hearings); provided, however, that this does not apply when the arbitral tribunal finds justifiable grounds for a delay in making an allegation that the arbitral tribunal does not have jurisdiction.

③A party may make the allegation referred to in the preceding paragraph even if the party has appointed an arbitrator, or has made a recommendation for an arbitrator or otherwise similarly participated in the appointment of an arbitrator.

④If the allegation referred to in paragraph (2) has been made lawfully, an arbitral tribunal must rule on the allegation by the decision or arbitral award provided for in the following items for each category of ruling set forth in those items:

⑤If an arbitral tribunal has ruled that it has jurisdiction in its independent decision made before an arbitral award, a party may petition a court to rule on whether the arbitral tribunal has jurisdiction within 30 days of receipt of notice of the decision. In this case, even if a case related to said petition is pending in the court, the arbitral tribunal may continue the arbitration procedure and make an arbitral award.

①Until an arbitral award is made, unless otherwise agreed by the parties, upon the petition of a party, an arbitral tribunal may order the other party to take the following measures:

②When filing a petition referred to in the preceding paragraph (excluding item (v) of that paragraph), a party must make a prima facie showing of the rights or relationship of rights that must be preserved and the fact constituting the grounds for the petition.

③In issuing an order to take measures stated in the items in paragraph (1) (hereinafter referred to as "order for interim measures"), if it finds it necessary, the arbitral tribunal may order the provision of appropriate security.

④If it is found that the grounds of the rights or relationship of rights that must be preserved or the grounds for the petition referred to in paragraph (1) do not exist or cease to exist or if there has been any other change in circumstances, upon petition, the arbitral tribunal may revoke, amend or suspend the order for interim measures.

⑤Beyond the case referred to in the preceding paragraph, if the arbitral tribunal finds that there are special circumstances, the arbitral tribunal may revoke, amend or suspend the order for interim measures on its own initiative, after notifying the parties to that effect.

⑥When it considers that there has been a change in circumstances referred to in paragraph (4), the arbitral tribunal may order the parties to promptly disclose whether there has been a change in circumstances and, if so, the content of the change in circumstances.

⑦If a party that filed a petition for an order for interim measures (referred to as a "petitioner" in the following paragraph) does not comply with the order under the preceding paragraph, for the purpose of application of the provisions in paragraph (4), a change in circumstances stated in that paragraph is deemed to have taken place.

⑧When the arbitral tribunal revokes, amends or suspends an order for interim measures pursuant to the provisions of paragraph (4) or (5), and it finds that the order for interim measures was issued due to grounds attributable to the petitioner, upon petition by the person who received the order for interim measures, it may order the petitioner to compensate for any damage that the person who received the order for interim measures has consequently suffered; provided, however, that this does not apply if the parties have agreed otherwise.

⑨The order under the preceding paragraph has the effect of an arbitral award.

⑩The provisions of Article 39 apply mutatis mutandis to the order under paragraph (8), and the provisions of paragraphs (1) and (3) of that Article apply mutatis mutandis to the order for interim measures and other orders (excluding the order under paragraph (8)) or decisions under this Article.