Supplementary Provisions, Article 3Special Provisions Concerning Arbitration Agreements Concluded between Consumers and Business Operators
第三条(消費者と事業者との間に成立した仲裁合意に関する特例)
With regard to an arbitration agreement covering a civil dispute that may arise in the future between a consumer (meaning a consumer prescribed in Article 2, paragraph (1) of the Consumer Contract Act (Act No. 61 of 2000); hereinafter the same applies in this Article) and a business operator (meaning a business operator prescribed in paragraph (2) of that Article; hereinafter the same applies in this Article) (excluding the arbitration agreement prescribed in the following Article; hereinafter referred to as a "consumer arbitration agreement" in this Article) that is concluded after this Act comes into effect, the provisions of the following paragraph through paragraph (7) apply for the time being.
消費者(消費者契約法(平成十二年法律第六十一号)第二条第一項に規定する消費者をいう。以下この条において同じ。)と事業者(同条第二項に規定する事業者をいう。以下この条において同じ。)の間の将来において生ずる民事上の紛争を対象とする仲裁合意(次条に規定する仲裁合意を除く。以下この条において「消費者仲裁合意」という。)であって、この法律の施行後に締結されたものに関しては、当分の間、次項から第七項までに定めるところによる。
A consumer may cancel a consumer arbitration agreement; provided, however, that this does not apply if the consumer has become the arbitration petitioner in the arbitration procedure based on that consumer arbitration agreement.
Changes by (Act No. 53 of 2023)
If a business operator is to become the arbitration petitioner in an arbitration procedure based on a consumer arbitration agreement, that business operator must, without delay after the arbitral tribunal is organized, file a petition to hold oral hearings under the provisions of Article 32, paragraph (1). In this case, the arbitral tribunal must decide to hold the oral hearings and notify both the parties of the date, time and place.
The arbitral tribunal must hold the oral hearings referred to in the preceding paragraph prior to all other proceedings in that arbitration procedure.
Notice under the provisions of paragraph (3) to a party that is a consumer must be given by sending a written document stating the following matters. In this case, the arbitral tribunal must endeavor to use expressions that are as plain as possible for the matters set out in items (ii) through (v).
消費者である当事者に対する第三項の規定による通知は、次に掲げる事項を記載した書面を送付する方法によってしなければならない。この場合において、仲裁廷は、第二号から第五号までに掲げる事項については、できる限り平易な表現を用いるように努めなければならない。
the date, time and place of the oral hearing;
口頭審理の日時及び場所
that, if there is an arbitration agreement, an arbitral award on the civil dispute that is subject to it has the same effect as a final and binding judgment;
that, if there is an arbitration agreement, an action filed on the civil dispute that is subject to it is to be dismissed, whether before or after the arbitral award;
that a consumer may cancel the consumer arbitration agreement; and
that, if a party that is a consumer fails to appear on the date of the oral hearing under item (i), the party that is a consumer is deemed to have cancelled the consumer arbitration agreement.
On the date of the oral hearing under paragraph (3), the arbitral tribunal must first explain orally to the party that is a consumer the matters set out in items (ii) through (iv) of the preceding paragraph. In this case, if that party that is a consumer does not clearly express an intention to waive the right to cancel under the provisions of paragraph (2), that party that is a consumer is deemed to have cancelled the consumer arbitration agreement.
If a party that is a consumer fails to appear on the date of the oral hearing under paragraph (3), that party that is a consumer is deemed to have cancelled the consumer arbitration agreement.
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
arbitration petitioner
「仲裁申立人」
The party who took the step that started the arbitration procedure.
Defined inArticle 31, paragraph (1)
business operatormachine translation
「事業者」
In Article 3 of the supplementary provisions (附則), a business operator as defined in Article 2, paragraph (2) of the Consumer Contract Act (Act No. 61 of 2000): a corporation or other organization, or an individual who becomes a party to a contract as a business or for the purposes of a business.
Defined inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article
consumermachine translation
「消費者」
In Article 3 of the supplementary provisions (附則), a consumer as defined in Article 2, paragraph (1) of the Consumer Contract Act (Act No. 61 of 2000): any individual, except one who becomes a party to a contract as a business or for the purposes of a business.
Defined inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article
consumer arbitration agreementmachine translation
「消費者仲裁合意」
In Article 3 of the supplementary provisions (附則), an arbitration agreement (仲裁合意) between a consumer (消費者) and a business operator (事業者) covering civil disputes that may arise between them in future, other than one covering future individual labor-related disputes, which Article 4 of the supplementary provisions makes void.
Short name set inSupplementary Provisions, Article 3, paragraph (1)· applies only in this article
cancellation
解除
Ending a contract by one party's notice to the other, where the contract or the law gives that party a right to cancel (Civil Code, Article 540, paragraph (1)). The Civil Code lets a party cancel for the other's failure to perform: after a demand to perform within a reasonable time that is not met, unless what is still missing is minor (Article 541), or at once where performance has become wholly impossible, or the other party has clearly refused to perform, among other cases where performance clearly will not come (Article 542, paragraph (1)). On cancellation each party must put the other back in the position before the contract, and damages can still be claimed (Article 545, paragraphs (1) and (4)); a lease, though, ends only from then on (Article 620). Cancellation differs from rescission (取消し), after which the act is treated as void from the start (Article 121).
Written by AI using Civil Code, Arts. 121, 540, 541, 542, 545, 620 as a reference.