Article 47Enforcement Approval Order of Orders for Interim Measures
第四十七条(暫定保全措置命令の執行等認可決定)
Moves to Article 49, paragraph (1) by (Act No. 53 of 2023)
With 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"):
暫定保全措置命令(仲裁地が日本国内にあるかどうかを問わない。以下この章において同じ。)の申立てをした者は、当該暫定保全措置命令を受けた者を被申立人として、裁判所に対し、次の各号に掲げる区分に応じ、当該各号に定める決定(以下「執行等認可決定」という。)を求める申立てをすることができる。
Changes and moves to Article 49, paragraph (1), item (i) by (Act No. 53 of 2023)
an order for interim measures that orders taking measures stated in Article 24, paragraph (1), item (iii):an order allowing the civil enforcement based on the order for interim measures; and
暫定保全措置命令のうち第二十四条第一項第三号に掲げる措置を講ずることを命ずるもの 当該暫定保全措置命令に基づく民事執行を許す旨の決定
Changes and moves to Article 49, paragraph (1), item (ii) by (Act No. 53 of 2023)
an order for interim measures that orders taking measures stated in Article 24, paragraph (1), items (i), (ii), (iv) or (v):an order allowing issuance of an order for payment of money stated in Article 49, paragraph (1), if the court finds that the respondent violates or is likely to violate the order for interim measures.
Changes and moves to Article 49, paragraph (2) by (Act No. 53 of 2023)
When 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.
Moves to Article 49, paragraph (3) by (Act No. 53 of 2023)
If 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.
Moves to Article 49, paragraph (4) by (Act No. 53 of 2023)
Notwithstanding 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:
Moves to Article 49, paragraph (4), item (i) by (Act No. 53 of 2023)
the courts stated in the items of Article 5, paragraph (1);
第五条第一項各号に掲げる裁判所
Moves to Article 49, paragraph (4), item (ii) by (Act No. 53 of 2023)
the district court which has jurisdiction over the location of the subject matter of the claim or the seizable property of the respondent; and
請求の目的又は差し押さえることができる被申立人の財産の所在地を管轄する地方裁判所
Moves to Article 49, paragraph (4), item (iii) by (Act No. 53 of 2023)
the Tokyo District Court and the Osaka District Court (limited to the case in which the place of arbitration, the location of the general venue of the respondent, or the location of the subject matter of the claim or the seizable property of the respondent is in Japan).
東京地方裁判所及び大阪地方裁判所(仲裁地、被申立人の普通裁判籍の所在地又は請求の目的若しくは差し押さえることができる被申立人の財産の所在地が日本国内にある場合に限る。)
Moves to Article 49, paragraph (5) 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 a case related to the petition referred to in paragraph (1).
Moves to Article 49, paragraph (6) by (Act No. 53 of 2023)
The 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).
Moves to Article 49, paragraph (7) by (Act No. 53 of 2023)
If 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):
裁判所は、第一項の申立てがあった場合において、次の各号に掲げる事由のいずれかがあると認めるとき(第一号から第八号までに掲げる事由にあっては、被申立人が当該事由の存在を証明した場合に限る。)に限り、当該申立てを却下することができる。
Moves to Article 49, paragraph (7), 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 49, paragraph (7), 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 the laws and regulations of the country to which the place of arbitration belongs);
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、仲裁地が属する国の法令)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 49, paragraph (7), item (iii) by (Act No. 53 of 2023)
the party did not receive the notice that is required pursuant to the laws and regulations of the country to which the place of arbitration belongs (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 (limited to the part which concerns an order for interim measures; the same applies in the following item and item (vi));
Moves to Article 49, paragraph (7), item (iv) by (Act No. 53 of 2023)
the party was unable to conduct a defense in the arbitration procedure;
当事者が、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 49, paragraph (7), item (v) by (Act No. 53 of 2023)
the order for interim measures was issued concerning matters beyond the scope of the arbitration agreement or other agreement concerning an order for interim measures or concerning matters beyond the scope of a petition for an order for interim measures;
Moves to Article 49, paragraph (7), item (vi) by (Act No. 53 of 2023)
the composition of the arbitral tribunal or the arbitration procedure is in violation of the laws and regulations of the country to which the place of arbitration belongs (or if the parties have reached an agreement concerning the matters concerning the provisions unrelated to public order in those laws and regulations, in violation of the agreement);
仲裁廷の構成又は仲裁手続が、仲裁地が属する国の法令の規定(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 49, paragraph (7), item (vii) by (Act No. 53 of 2023)
when the arbitral tribunal has ordered the party requesting an order for interim measures to provide appropriate security, and the party is in violation of the order and is not providing appropriate security;
Moves to Article 49, paragraph (7), item (viii) by (Act No. 53 of 2023)
the order for interim measures has been revoked, amended or suspended by the arbitral tribunal or the judicial body stated in paragraph (3);
Moves to Article 49, paragraph (7), item (ix) by (Act No. 53 of 2023)
the 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 49, paragraph (7), item (x) by (Act No. 53 of 2023)
the content of the order for interim measures is contrary to public policy in Japan.
暫定保全措置命令の内容が、日本における公の秩序又は善良の風俗に反すること。
Moves to Article 49, paragraph (8) by (Act No. 53 of 2023)
If 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.
Moves to Article 49, paragraph (9) by (Act No. 53 of 2023)
An enforcement approval order is not effective until it becomes final and binding.
執行等認可決定は、確定しなければその効力を生じない。
Changes and moves to Article 49, paragraph (10) by (Act No. 53 of 2023)
The provisions of Article 44, paragraphs (4) and (7) apply mutatis mutandis to the decision on the petition referred to in paragraph (1).
Article 48Civil Enforcement Based on an Order for Interim Measures
第四十八条(暫定保全措置命令に基づく民事執行)
Changes and moves to Article 50, paragraph (1) by (Act No. 53 of 2023)
Civil enforcement based on an order for interim measures (limited to the orders to take measures stated in Article 24, paragraph (1), item (iii)) may be processed only when there is an enforcement approval order stated in the preceding Article.
暫定保全措置命令(第二十四条第一項第三号に掲げる措置を講ずることを命ずるものに限る。)は、前条の規定による執行等認可決定がある場合に限り、当該暫定保全措置命令に基づく民事執行をすることができる。
Article 49Order for Payment of Penalty Regarding Order for Interim Measures
第四十九条(暫定保全措置命令に係る違反金支払命令)
Changes and moves to Article 51, paragraph (1) by (Act No. 53 of 2023)
When there is a final and binding enforcement approval order regarding an order for interim measures (limited to the orders to take measures stated in Article 24, paragraph (1), item (i), (ii), (iv) and (v); hereinafter the same applies in this Article) and the court finds that the person that received the order for interim measures (hereinafter referred to as a "respondent" in this Article) violates or is likely to violate it, upon the petition of the person that filed the petition for the order for interim measures (referred to as a "petitioner" in paragraph (6)), the court may order the respondent to pay to the petitioner money of a certain amount that is found to be reasonable (subject to the violation of the order for interim measures, when it finds that the respondent is likely to violate it), taking into consideration the content and nature of the interest that would be harmed by the violation of the order for interim measures and also in what manner and to what extent that interest would be harmed.
裁判所は、暫定保全措置命令(第二十四条第一項第一号、第二号、第四号又は第五号に掲げる措置を講ずることを命ずるものに限る。以下この条において同じ。)について確定した執行等認可決定がある場合において、当該暫定保全措置命令を受けた者(以下この条において「被申立人」という。)がこれに違反し、又は違反するおそれがあると認めるときは、当該暫定保全措置命令の申立てをした者(第六項において「申立人」という。)の申立てにより、当該暫定保全措置命令の違反によって害されることとなる利益の内容及び性質並びにこれが害される態様及び程度を勘案して相当と認める一定の額の金銭の支払(被申立人が暫定保全措置命令に違反するおそれがあると認める場合にあっては、被申立人が当該暫定保全措置命令に違反したことを条件とする金銭の支払)を命ずることができる。
Moves to Article 51, paragraph (2) by (Act No. 53 of 2023)
Notwithstanding the provisions of the preceding paragraph, the court may issue an order for payment of money under the paragraph (hereinafter referred to as an "order for payment of penalty" in this Article) at the same time it issues an enforcement approval order. In this case, the order for payment of penalty is not finalized until the enforcement approval order is finalized.
Changes and moves to Article 51, paragraph (3) by (Act No. 53 of 2023)
Notwithstanding 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 court that issued the enforcement approval order or the court before which the case subject to the petition referred to in Article 47, paragraph (1) (limited to the case referred to in item (ii) of that paragraph; the same applies in the following paragraph) is pending.
Changes and moves to Article 51, paragraph (4) by (Act No. 53 of 2023)
If the court has issued an order for payment of penalty and an enforcement approval order simultaneously pursuant to the first sentence of paragraph (2), and a judicial decision that sets aside the enforcement approval order becomes final and binding or the petition referred to in Article 47, paragraph (1) is withdrawn, it must set aside the order for payment of penalty on its own initiative.
Moves to Article 51, paragraph (5) by (Act No. 53 of 2023)
An order for payment of penalty is not effective until it becomes final and binding.
違反金支払命令は、確定しなければその効力を生じない。
Moves to Article 51, paragraph (6) by (Act No. 53 of 2023)
If there has been payment of money that was ordered pursuant to the order for payment of penalty, and the amount of damages that resulted from violation of the order for interim measures exceeds the amount of payment, the petitioner is not precluded from claiming compensation for damages for the amount in excess.
Changes and moves to Article 51, paragraph (7) by (Act No. 53 of 2023)
If the order for interim measures has been revoked, amended or suspended by the arbitral tribunal or the judicial body stated in Article 47, paragraph (3) after the order for payment of penalty was issued, upon the petition of the respondent, the court that issued the order for payment of penalty may set aside the order for payment of penalty.
Changes and moves to Article 51, paragraph (8) by (Act No. 53 of 2023)
The provisions of Article 47, paragraph (3) apply mutatis mutandis to the petition referred to in paragraph (1), and the provisions of Article 44, paragraphs (4) and (7) apply mutatis mutandis to the decision concerning the petition referred to in paragraph (1) and the preceding paragraph.
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
order for interim measures
「暫定保全措置命令」
An order by the arbitral tribunal (仲裁廷), made on one party's petition before the arbitral award, requiring the other party to take one of the measures listed in Article 24, paragraph (1), such as not disposing of property needed to satisfy a claim, preventing serious harm, or not destroying evidence.
Short name set inArticle 24, paragraph (3)
enforcement approval orders
「執行等認可決定」
The court orders that the person who petitioned for an order for interim measures (暫定保全措置命令) may ask for under Article 47, paragraph (1): for an order requiring the measure in Article 24, paragraph (1), item (iii), an order allowing civil enforcement (民事執行) based on it; for an order requiring a measure in items (i), (ii), (iv) or (v), an order allowing the court to order a payment of money under Article 49, paragraph (1) where it finds the order has been or is likely to be breached.
Short name set inArticle 47, paragraph (1)
petitioner
「申立人」
In Article 49, paragraph (6), the person who petitioned for the order for interim measures (暫定保全措置命令) that the court's payment order under that Article enforces.
Short name set inArticle 49, paragraph (1)· applies only in this provision and in Article 49, paragraph (6)
respondent
「被申立人」
In Article 49, the person who received an order for interim measures (暫定保全措置命令) requiring a measure in Article 24, paragraph (1), item (i), (ii), (iv) or (v), for which a final enforcement approval order (執行等認可決定) has been made.
Short name set inArticle 49, paragraph (1)· applies only in this article
order for payment of penalty
「違反金支払命令」
In Article 49, the court's order under paragraph (1) of that Article that a person who has breached, or is likely to breach, an order for interim measures (暫定保全措置命令) of the kinds in Article 24, paragraph (1), items (i), (ii), (iv) and (v) pay the petitioner a sum of money the court considers reasonable — where it finds only that a breach is likely, a payment due on condition that the person breaches the order. It is made once an enforcement approval order (執行等認可決定) on that order for interim measures is final, or at the same time as that approval order, and in that case becomes final only when the approval order does (paragraph (2)).
Short name set inArticle 49, paragraph (2)· applies only in this article
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.