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Commercial Arbitration Rules of the Japan Commercial Arbitration Association (1997)

  • Chapter I

    General Provisions

    Rule 1.

    Purpose

    1. The purpose of these Rules shall be to provide such matters as are (hereinafter the "Association").

    2. Arbitration under the UNCITRAL Arbitration Rules adopted by the United Nations Commission on International Trade Law on 28 April, 1976 and the Administrative and Procedural Rules for Arbitration under the UNCITRAL Arbitration Rules shall be governed otherwise.

    Rule 2.

    Application of these Rules

    1. These Rules shall apply where the parties have agreed to submit their dispute to arbitration under the Rules of the Association or simply arbitration at the Association (hereinafter the "arbitration agreement").

    2. These Rules shall apply if the parties agree, in writing, during the course of arbitral proceedings provided for in Rule 1, Paragraph 2, to conduct such arbitral proceedings pursuant to these Rules. In the case of such an agreement, the arbitral proceedings already conducted shall remain valid.

    Rule 3.

    Interpretation of these Rules

    If any question arises concerning the interpretation of these Rules, the Association's interpretation shall prevail; provided that the interpretation of an arbitral tribunal shall, after such interpretation is made, prevail over that of the Association in the arbitration case before such tribunal.

    Rule 4.

    Arbitration Agreement

    1. Arbitration agreements shall be made in writing.

    2. When the parties have entered into an arbitration agreement, these Rules shall be deemed incorporated in such agreement; provided that the parties may agree otherwise to the extent that such agreement does not violate thespirit of these Rules.

    Rule 5.

    Arbitral Tribunal

    1. Arbitration under these Rules shall be conducted by an arbitral tribunal composed of one or more arbitrators who have been appointed pursuant to the provisions of Rules 20 through 26 (including the application mutatis mutandis of Rule 26 under the provisions of Rule 41, Paragraph 2), Rule 29 and Rule 57.

    2. If the arbitral tribunal is composed of more than one arbitrator, the arbitrators may, after all of them have been appointed, agree upon and appoint a presiding arbitrator from among themselves.

    Rule 6.

    Decision of Arbitral Tribunal

    1. If the number of arbitrators is more than one, decisions of the arbitral tribunal, including the arbitral award, shall be made by a majority of votes of the arbitrators.

    2. If the voting of the arbitral tribunal results in a tie, the presiding arbitrator, if one has been appointed, shall cast the deciding vote.

    Rule 7.

    Secretariat and Tribunal Clerk

    1. Clerical work with respect to arbitration under these Rules shall be conducted by the Secretariat of the Association (hereinafter the"secretariat").

    2. Clerical work of the arbitral tribunal shall be conducted by a staff member of the Association who has been appointed by the Association as the clerk in charge of such clerical work (hereinafter the "clerk in charge").

    Rule 8.

    Panel of Arbitrators

    The Association shall prepare and maintain a panel of arbitrators to facilitate the appointment of arbitrators.

    Rule 9.

    Representation and Assistance

    A party may be represented or assisted by any person of its choice in the proceedings under these Rules. Subsequent to such selection, the arbitral tribunal may, for good cause, reject a party's selection of such representative or assistant.

    Rule 10.

    Definition

    1. "Basic Date" under these Rules shall be the date after the lapse of three (3) weeks from the date on which the Association sends a notice of acceptance of the request for arbitration provided for in Rule 13, Paragraph 1; provided that, if the respondent proves that it received such notice of acceptance after such date, the date on which the respondent received such notice shall be the Basic Date.

    2. "Party or parties" under these Rules shall be either a claimant or respondent or both. Multiple claimants or respondents shall be deemed to be one party for purposes of the appointment of arbitrators.

    3. "Document or documents" under these Rules shall include any document in which the contents of a communication have been recorded mechanicallyby way of telex, facsimile or other means.

    4. "Agreement in writing" under these Rules shall mean the meeting of minds acknowledged in writing and the document need not be a single instrument.

    Rule 11.

    Means of Communication

    Communication during arbitration under these Rules shall be by way of a document or other means of communication followed by a document.

    Chapter II

    Request for Arbitration

    Rule 12.

    Request for Arbitration

    1. To request the initiation of arbitral proceedings, the claimant shall submit to the Association a written request for arbitration setting forth the following:

    (1) a demand that the dispute be referred to arbitration under these Rules;

    (2) a reference to the arbitration agreement that is invoked;

    (3) the full personal or corporate names of the parties and their addresses;

    (4) if the claimant is represented by an agent, the name and address of such agent;

    (5) the relief or remedy claimed;

    (6) a summary of the dispute; and

    (7) the basis for the claim and the manner or method of proof.

    2. The claimant shall submit to the Association, together with the written request for arbitration, a copy of the arbitration clause or the separate arbitration agreement containing the arbitration agreement provided for in (2) of the preceding Paragraph.

    3. If the claimant is represented by an agent in the arbitral proceedings, such agent shall submit a power of attorney to the Association together with the written request for arbitration.

    4. The claimant shall, when it requests the initiation of arbitral proceedings, pay the request fee and the administrative fee provided for in the Arbitration Fee Regulations of the Association. If the claimant fails to pay such request fee and/or administrative fee, the Association may treat the request for arbitration as if it had not been made and return the written request for arbitration to the claimant with notification to such effect.

    5. Arbitral proceedings shall be deemed to be initiated on the date on which the Association receives the written request for arbitration.

    Rule 13.

    Acceptance and Notification of Request for Arbitration

    1. The Association, upon confirmation that the request for arbitration has been made in conformity with the provisions of Paragraphs 1 through 3 of the preceding Rule, shall notify, without delay, the claimant and the respondent of the acceptance of the request for arbitration. Copies of the written request for arbitration and the arbitration agreement shall be attached to the notice sent to the respondent.

    2. The Association shall designate one of its offices as the secretariat in charge of administrative services and give notice thereof to each party when the Association notifies the parties of the acceptance of the request for arbitration provided for in the preceding Paragraph.

    Rule 14.

    Request for Separation of Arbitral Proceedings

    1. If a request for arbitration against multiple respondents is submitted and any respondent submits a written request for separation of arbitral proceedings within three (3) weeks from the Basic Date and prior to the establishment of the arbitral tribunal, the claimant shall submit a new request for arbitration against each of such respondent and the other respondent(s).

    2. All newly submitted requests for arbitration under the preceding Paragraph shall be deemed to have been submitted on the date on which the Association received the initial request for arbitration; provided that the Basic Date shall be determined based on the newly submitted requests for arbitration.

    3. The provisions of Paragraph 1 shall not preclude the application of Rule 41.

    Rule 15.

    Answer

    1. The respondent shall, within four (4) weeks from the Basic Date, submit to the Association a written answer setting forth the following:

    (1) the full personal or corporate names of the parties and their addresses;

    (2) if the respondent is represented by an agent, the name and address of such agent;

    (3) confirmation or denial of the claims;

    (4) a summary of the dispute; and

    (5) the basis for the answer and the manner or method of proof.

    2. If the respondent is represented by an agent in the arbitral proceedings, such agent shall submit a power of attorney to the Association together with the written answer.

    3. Subsequent to submission of the written answer, the Association shall send, without delay, a copy thereof to the other party or parties and, if an arbitrator has or arbitrators have been appointed, to such arbitrator orarbitrators.

    4. If the written answer contains a counterclaim, the provisions of the following Rule shall apply to such counterclaim.

    Rule 16.

    Counterclaim

    1. The respondent may, only within six (6) weeks from the Basic Date, submit a counterclaim that is related to the claimant's claim(s) and covered by the same arbitration agreement. The arbitral tribunal shall examine any such counterclaim together with the claimant's claim(s).

    2. The provisions of Rules 12, 13 and 15 shall apply mutatis mutandis to any counterclaim provided for in the preceding Paragraph.

    Rule 17.

    Amendments to Claims or Counterclaims

    1. Either the claimant or the counterclaimant may, to the extent that the claim and counterclaim are covered by the same arbitration agreement, amend or supplement its claim (which shall hereinafter include a counterclaim for purposes of this Rule) by submitting a written request for amendment to the Association; provided that, after the establishment of the arbitral tribunal, such claimant or counterclaimant shall submit a written application for approval of such amendment to the arbitral tribunal and obtain its approval thereof.

    2. The arbitral tribunal shall hear the other party's opinion before giving the approval provided for in the preceding Paragraph.

    3. The arbitral tribunal shall not give any approval provided for in Paragraph 1 if it considers it inappropriate to approve such amendment in view of the substantial delay in conducting the arbitral proceedings or prejudice to the other party that such amendment will cause or any other circumstances.

    4. The provisions of Rules 15 or 16 shall apply mutatis mutandis to an answer to or counterclaim with respect to an amended claim; provided that such answer or counterclaim shall be submitted within three (3) weeks from the date on which the secretariat or the clerk in charge sends written notice of such amendment to such other party.

    Rule 18.

    Number of Copies of Documents to be Submitted

    The number of copies of documents to be submitted pursuant to the provisions of Rule 12, Paragraph 1 and Rule 15, Paragraph 1 (including the application mutatis mutandis of such provisions under Rule 16, Paragraph 2 and Paragraph 4 of the preceding Rule) and the provisions of Paragraph 1 of the preceding Rule shall be equal to the number of arbitrators (three (3) if not yet determined) and the other party or parties plus one (1); provided that one copy of a power of attorney shall suffice.

    Rule 19.

    Withdrawal of Request for Arbitration

    1. The claimant may, within thirty (30) days after the initiation of arbitral proceedings and before the appointment of any arbitrator, withdraw itsrequest for arbitration upon written notice.

    2. Except as provided in the preceding Paragraph, the claimant may withdraw its request for arbitration only with the written consent of the respondent.

    3. Withdrawal of the request for arbitration shall become effective when the written notice of withdrawal and, in the case provided for in the preceding Paragraph, the respondent's written consent thereto reach the Association.

    Chapter III

    Appointment of Arbitrators

    Rule 20.

    Qualification of Arbitrators

    No person having a beneficial interest in the case under arbitration shall be an arbitrator.

    Rule 21.

    Agreement of Parties

    1. The parties may, by written agreement, appoint one or more arbitrators or determine the number, the method or the period of time (or all of the above) of appointment of the arbitrators.

    2. The parties shall notify the Association, within, at the latest, three (3) weeks from the Basic Date, of the contents of an agreement provided for in the preceding Paragraph.

    Rule 22.

    Appointment of Arbitrators where the Parties have Determined the Method of Appointment

    1. If the parties have entered into an agreement provided for in the latter part of Paragraph 1 of the preceding Rule, an arbitrator shall be appointed pursuant to such agreement.

    2. If one or both of the parties fails or fail to notify the Association of the appointment of an arbitrator, as provided for in the preceding Paragraph, within the period of time for appointment agreed upon by the parties or, if the parties have not agreed upon such period of time, within four (4) weeks from the earlier of the date on which the notice provided for in Paragraph 2 of the preceding Rule reaches the Association or the date provided for in the same Paragraph, the Association shall appoint such arbitrator. If the Association is to make such an appointment, it shall respect, to the extent possible, the contents of the agreement provided for in Paragraph 1 of the preceding Rule.

    3. If the Association appoints an arbitrator under the provisions of the preceding Paragraph, the provisions of Rule 24, Paragraph 3 shall apply mutatis mutandis.

    4. If the parties have not entered into an agreement provided for in the latter part of Paragraph 1 of the preceding Rule with respect to the number of arbitrators, such number shall be determined pursuant to the provisions of the following Rule.

    Rule 23.

    Number of Arbitrators

    If the parties fail to notify the Association, within three (3) weeks fromthe Basic Date, of such number shall be one (1); provided that if either party requests in writing, within four (4) weeks from the Basic Date, that such number be three (3) and the Association determines that such request is appropriate, such number shall be three (3).

    Rule 24.

    Appointment of Arbitrator - Single Arbitrator

    1. If the number of arbitrators is one (1) under the agreement provided for in Rule 21 or the provisions of the preceding Rule, the parties shall agree upon and appoint an arbitrator.

    2. If the parties fail to notify the Association of the appointment of an arbitrator provided for in the preceding Paragraph within four (4) weeks from the date when the notice provided for in Rule 21, Paragraph 2 reaches the Association if the number of arbitrators fixed under an agreement provided for in Rule 21 is one (1) or the last day of the third week immediately following the Basic Date if the number of arbitrators fixed under the provisions of the preceding Rule is one (1), the Association shall appoint such arbitrator. If the Association is to make such an appointment, it shall respect, to the extent possible, the contents of an agreement, if one exists, provided for in Rule 21, Paragraph 1.

    3. If the Association is to appoint an arbitrator pursuant to the provisions of the preceding Paragraph, the Association shall give due consideration to a written request, submitted by either party within one (1) week from the date on which it is determined that the Association shall make such appointment, that a person of a different nationality from those of the parties be appointed as such arbitrator.

    Rule 25.

    Appointment of Arbitrators - More than One Arbitrator

    1. If the parties agree under the provisions of Rule 21 that there shall be more than one arbitrator but not on the method of appointment or if the number of arbitrators is fixed at three (3) pursuant to the proviso of Rule 23, each party shall appoint the same number of arbitrators, the sum of which shall not exceed the number of arbitrators thus fixed, and if the number thus fixed is an odd number, the arbitrators appointed thereby shall appoint one (1) more arbitrator.

    2. The parties shall appoint, within four (4) weeks from the date on which they have given notice under the provisions of Rule 21, Paragraph 2 or from the date on which the number of arbitrators is fixed at three (3) pursuant to the proviso of Rule 23, the same number of arbitrators which each party should appoint pursuant to the provisions of the preceding Paragraph.

    3. If either party fails to appoint an arbitrator or arbitrators within the period of time provided for in the preceding Paragraph, the Association shall appoint such arbitrator or arbitrators.

    4. If the number of arbitrators is odd and the arbitrators appointed by the parties or the arbitrators appointed pursuant to the provisions of the preceding Paragraph fail to appoint one (1) more arbitrator within three (3) weeks from the date on which the last of such arbitrators was appointed, the Association shall appoint such arbitrator.

    5. If the Association is to make the appointment under the provisions of the preceding Paragraph, the provisions of Paragraph 3 of the preceding Rule shall apply mutatis mutandis.

    Rule 26.

    Appointment of Arbitrators where Third Party Participates in Proceedings

    1. If, prior to the establishment of an arbitral tribunal, a third party participates or is allowed to participate in arbitral proceedings under the provisions of Rule 40, one or more arbitrators shall be appointed by agreement of the claimant, the respondent and such third party.

    2. If the appointment of the number of arbitrators fixed by the agreement provided for in the preceding Paragraph has not been completed within three (3) weeks from the date on which such third party has participated in arbitral proceedings, the Association shall appoint the arbitrator(s) yet to be appointed.

    3. If the number of arbitrators has not been agreed upon by the date fixed under the provisions of the preceding Paragraph, the Association shall appoint the number of arbitrator(s) determined by the Association.

    Rule 27.

    Notice of Appointment of Arbitrator

    1. Upon appointment of an arbitrator by a party or the arbitrators, such party or arbitrators shall, without delay, submit to the Association a written notice of appointment of arbitrator setting forth such arbitrator's name, address and occupation, together with such arbitrator's written acceptance of appointment. The Association shall, without delay, send a copy of such notice to the other party and the arbitrator(s) already appointed.

    2. Upon appointment of an arbitrator by the Association, it shall, without delay, notify the parties and the arbitrator(s) already appointed of such arbitrator's name, address and occupation.

    Rule 28.

    Allocation of Expenses of Non-resident Arbitrator

    1. If a party has appointed an arbitrator who is not resident in Japan, such party shall bear the expenses required due to such arbitrator's non-residence; provided that the arbitral tribunal may allocate such expenses in a manner different therefrom.

    2. If the Association has, or the arbitrators have, appointed an arbitrator who is not resident in Japan, the arbitral tribunal shall allocate such expenses in its arbitral award.

    Rule 29.

    Replacement of Arbitrator

    1. If an arbitrator resigns or dies, the Association shall, without delay, notify the parties and the remaining arbitrator(s) thereof.

    2. If the arbitrator who resigns or dies is one appointed by a party or parties or the remaining arbitrators, the party or parties or the remaining arbitrators shall appoint a substitute arbitrator within three (3) weeks from the date on which such party or parties or such arbitrators receive the notice provided for in the preceding Paragraph. If the arbitrator who resigns or dies is one appointed by the Association, the Association shall appoint a substitute arbitrator within three (3) weeks from the date on which it learns of such resignation or death.

    3. If such party or parties or arbitrators fails or fail to appoint a substitute arbitrator within the period of time provided for in the preceding Paragraph, the Association shall appoint such substitute arbitrator.

    Rule 30.

    Removal of Arbitrator

    1. The Association may remove any arbitrator who fails to perform its duties or unduly delays in the performance of its duties, or is legally or actually unable to perform its duties.

    2. The provisions of Paragraph 2 of the preceding Rule shall apply mutatis mutandis to the appointment of a substitute arbitrator.

    Chapter IV

    Arbitral Proceedings

    Section 1.

    Examination Proceedings

    Rule 31.

    Supervision of Examination Proceedings

    1. The examination proceedings, including hearings, shall be conducted under the supervision of the arbitral tribunal.

    2. The arbitral tribunal shall treat the parties equally and give each party sufficient opportunity to state and prove its case and present a defense against the other party's case.

    Rule 32.

    Hearings

    1. The date and place of hearings shall be decided by the arbitral tribunal upon consultation with the parties. If a hearing lasts more than one (1) day, it shall be held on consecutive days, to the extent possible.

    2. After the date and place of hearing have been decided, the clerk in charge shall, without delay, notify the parties thereof. One notice shall suffice even if hearings are held on consecutive days.

    3. Oral argumentations on the law and the facts and applications to present evidence and examination thereof shall occur at hearings.

    4. The date of a hearing shall be changed at the request of both parties. In the event that one of the parties requests that the date of a hearing be changed, the arbitral tribunal may change such date only if it determines that there are unavoidable circumstances.

    5. The request provided for in the preceding Paragraph shall be made in writing, unless made at a hearing.

    Rule 33.

    Submission of Written Statements

    1. Each party may submit to the arbitral tribunal, at hearings or otherwise, written statements setting forth such party's case on the law and the facts (hereinafter the "written statements"). The arbitral tribunal may urge the submission of written statements.

    2. Any party submitting written statements shall submit to the Association a number of copies thereof equal to the number of arbitrators and parties. The clerk in charge shall keep one copy for the record and, without delay, deliver personally or send one copy each to the arbitrators and parties (except the party submitting such written statements).

    3. The arbitral tribunal shall confirm at hearings the receipt of the written statements submitted otherwise than at a hearing.

    Rule 34.

    Clarification of the Case

    The arbitral tribunal may, to assist it in understanding the case, require a party to explain such party's case or conduct an on-site inspection or investigation in the presence of the parties.

    Rule 35.

    Examination of Evidence

    1. Each party shall have the burden of proving the facts relied on to support such party's claim or defense.

    2. The arbitral tribunal may, when it deems it necessary, examine evidence that a party has not applied to present.

    3. Such examination of evidence may be made other than at a hearing. If the arbitral tribunal decides to examine evidence other than at a hearing, the parties shall be given the opportunity to be present.

    4. The arbitral tribunal is not authorized to administer an oath to any witness or expert.

    5. The arbitral tribunal may, when it deems it necessary or when there has been a petition from a party, refer inquiries to, and request responses from, public or private bodies. The arbitral tribunal shall disclose responses thus obtained to the parties.

    Rule 36.

    Application to Present Evidence

    1. A party may apply to present evidence by submitting any of the following documents to the arbitral tribunal:

    (1) application for documentary evidence (a document explaining the documentary evidence attached thereto);

    (2) application to examine a witness (a written application, specifying the witness and the matters with respect to which such witness is to be examined, to examine a witness); or

    (3) application for an expert opinion or verification (a written application for an expert opinion or verification setting forth the matters for which an expert opinion is required or the items to be verification and the method thereof).

    2. An application to present evidence may be made other than at a hearing.

    3. Any party submitting any of the documents provided for in Paragraph 1 shall submit to the Association a number of copies thereof equal to the number of arbitrators and parties. The clerk in charge shall keep one of the copies for the record and promptly deliver personally or send one copy each to the arbitrators and the parties (except the party submitting such document).

    4. A party, except the party who has applied to present evidence, may submit to the arbitral tribunal a document setting forth its views with respect to the application to present evidence. If a party does submit such a document, the provisions of the preceding two (2) Paragraphs shall apply mutatis mutandis.

    5. The arbitral tribunal may, any time after the lapse of a reasonable period of time necessary for the document provided for in Paragraph 4 to be submitted, determine whether to adopt or reject the application to present evidence. After the arbitral tribunal makes such determination, the clerk in charge shall, without delay, notify the parties of the result thereof.

    6. The arbitral tribunal shall, at a hearing, confirm its receipt of documents provided for in Paragraphs 1 and 4that are submitted other than at a hearing and determine whether to adopt or reject any applications to present evidence (or, if already determined pursuant to the provisions of the preceding Paragraph, confirm such determination).

    Rule 37.

    Principle of Appearance by the Parties

    1. Hearings shall in principle be held in the presence of both parties.

    2. If one or both parties fails or fail to appear without good cause, a hearing may be held in its or their absence; provided that, if both of the parties fail to appear, the examination proceedings may not be terminated on the date when such hearing is held.

    3. If one of the parties fails to appear, the examination proceedings may be conducted based on the allegations and proof of the party who has appeared.

    Rule 38.

    Allocation of the Cost of Examining Evidence and Other Expenses

    The necessary costs incurred to examine evidence, make inquiries and conduct inspections or investigations under the provisions of Rule 34 shall, if such expense was the result of an order by the arbitral tribunal, be equally borne by the parties and, if such expense was the result of a petition by a party, be borne by such party; provided that, notwithstanding the foregoing, the arbitral tribunal may reallocate expenses in view of the circumstances.

    Rule 39.

    Assignment of Arbitrator's Authority

    The arbitral tribunal may, when it deems it necessary and upon obtaining the consent of the parties, cause one or more of the arbitrators constituting the arbitral tribunal to examine witnesses, make verifications, conduct inspections or investigations under the provisions of Rule 34 or mediate a settlement.

    Rule 40.

    Participation in Proceedings

    1. Any person who is not a party to a particular arbitration may, upon the consent of such person and all the parties to such arbitration, participate in such arbitration as a claimant or be allowed to participate therein as a respondent.

    2. If the participation in the arbitration provided for in the preceding Paragraph occurs before the establishment of the arbitral tribunal, the arbitrators shall be appointed subject to the provisions of Rule 26 and, if such participation occurs after the establishment of the arbitral tribunal, the composition thereof shall not be affected.

    3. Notwithstanding that the consent provided for in Paragraph 1 has been given, the arbitral tribunal may deny participation in the arbitration if the arbitral tribunal determines that such participation will delay the arbitral proceedings or for any other proper reason.

    4. The provisions of Rule 12 shall apply mutatis mutandis to an application for participation in the arbitration; provided that the administrative fee mentioned in Rule 12, Paragraph 4 shall be repaid if such participation is denied.

    Rule 41.

    Examination of Multiple Requests for Arbitration in the Same Proceedings

    1. If the Association or the arbitral tribunal determines that it is necessary to consolidate multiple requests for arbitration that contain claims that are essentially mutually related, the arbitral tribunal, after obtaining the written consent of all the relevant parties, may examine such cases together in the same proceedings; provided that, if multiple requests for arbitration arise out of the same arbitration agreement, no consent of the parties is necessary.

    2. If it is determined, pursuant to the provisions of the preceding Paragraph, that multiple requests for arbitration are to be disposed of in the same proceedings, the provisions of Paragraph 2 of the preceding Rule shall apply mutatis mutandis to the appointment of arbitrators.

    Rule 42.

    Closed Proceedings, Obligation of Confidentiality

    1. Arbitral proceedings and records thereof shall be closed to the public.

    2. The arbitrators, the staff of the Association, the parties and their representatives or assistants shall not disclose facts related to arbitration cases or facts learned through arbitration cases; provided that disclosure may be made subject to the conditions provided in a consent of the arbitral tribunal.

    Rule 43.

    Record of Hearings and Making a Stenographic Transcript

    1. The clerk in charge may, subject to the consent of the arbitral tribunal, make tape-recordings or video-recordings of hearings.

    2. The clerk in charge shall, when the arbitral tribunal has so ordered or a party has so requested, arrange for the making of a stenographic transcript. Such order or request shall, in principle, be made not less than three (3) weeks before the date of the hearing at which stenography is required.

    3. The cost of making a stenographic transcript shall, if ordered by the arbitral tribunal, be borne equally by each party or, if ordered at a party's request, be borne by the requesting party; provided that the arbitral tribunal may, in view of the circumstances, allocate such cost among the parties.

    Rule 44.

    Interpretation and Translation

    1. The clerk in charge shall, when the arbitral tribunal has so ordered or a party has so requested, arrange for interpreting. Such order or request shall, in principle, be made not less than three (3) weeks before the date when interpreting is required.

    2. The provisions of Paragraph 3 of the preceding Rule shall apply mutatis mutandis to the cost of interpreting.

    3. The provisions of the preceding two (2) Paragraphs shall apply mutatis mutandis to the translation of documents.

    Rule 45.

    Conclusion and Reopening of Examination Proceedings

    1. The arbitral tribunal may decide to conclude the examination upon determining that the proceedings have matured enough for the arbitral tribunal to render an arbitral award or that the proceedings should be terminated because it is impossible to continue. If such decision is made other than at a hearing, an appropriate period of time for advance notice shall be provided.

    2. The arbitral tribunal shall declare the proceedings closed upon determining that the proceedings should be terminated and concluding the examination. The provisions applied to arbitral awards shall apply mutatis mutandis to such declaration.

    3. The arbitral tribunal may, if it deems it necessary, reopen the examination. The arbitral tribunal shall, if it decides to reopen the examination, promptly notify the parties in writing of such decision and the reasons therefor.

    4. An examination shall, in principle, not be reopened after the lapse of three (3) weeks from the date of the decision to conclude the examination.

    Rule 46.

    Right to Object

    A party who knows or ought to know that the arbitral proceedings have not been conducted properly and who fails to object without delay, shall be deemed to have waived its right to object; provided that no party shall be deemed to have waived any right that it cannot waive.

    Rule 47.

    Examination Proceedings only on Documents

    1. The parties may, at any time, by written agreement, request examination based only on documents. If the parties make such a request, the proceedings already conducted shall remain valid.

    2. If it is a violation of the spirit of the provisions of these Rules to apply them to examination proceedings based only on documents, the arbitral tribunal's determination shall prevail.

    Section 2.

    Arbitral Award

    Rule 48.

    Time of Arbitral Award

    1. Once the arbitral tribunal has determined that the proceedings have matured enough for it to render an arbitral award and concluded the examination, the arbitral tribunal shall make an arbitral award within five (5) weeks from the date of such conclusion; provided that the arbitral tribunal may, if it deems it necessary in view of the complexities of the case or for any other reason, extend such period of time to an appropriate period of not more than eight (8) weeks.

    2. The arbitral tribunal shall, upon conclusion of the examination pursuant to the preceding Paragraph, notify the parties of the period of time during which it shall make an arbitral award.

    Rule 49.

    Arbitral Award

    1. The arbitral award shall state the following and bear the signature and seal of each arbitrator; provided that the statement of Item (4) below shall be omitted if the parties have agreed that no statement is necessary and in the case provided for in the following Paragraph and the reason for such omission shall be set forth in the arbitral award:

    (1) the full personal or corporate names of the parties and their addresses;

    (2) if a party is represented by an agent, the name and address of such agent;

    (3) the text of the award;

    (4) the reason for the award; and

    (5) the date of the award.

    2. If the arbitral tribunal deems it appropriate, it may, at the request of the parties reaching a settlement during the course of the arbitral proceedings, set forth the contents of any such settlement in its arbitral award.

    3. The arbitral tribunal shall set forth in the text of its arbitral award the total amount and the allocation of the administrative fee, the hearing fee, the necessary expenses incurred during the proceedings and the arbitrators' remuneration and shall, if there is a party who has deposited an amount of money less than the amount allocated in the text of the arbitral award, set forth an order to the effect that the balance shall be paid to the other party.

    4. If there are more than one arbitrator and an arbitrator fails to sign and affix its seal to the arbitral award, the arbitral tribunal shall set forth the reasons for such failure in the arbitral award.

    Rule 50.

    Service and Deposit of Arbitral Award

    1. The clerk in charge shall serve an authenticated copy of the arbitral award on each party by hand delivery, by delivery-certified registered mail or any other method proving receipt.

    2. Service under the preceding Paragraph shall occur after the fees, the necessary expenses incurred during the proceedings and the arbitrators' remuneration have been fully paid to the Association.

    3. After serving authenticated copies of the arbitral award, the clerk in charge shall, without delay, deposit the original text of the arbitral award with a court of appropriate jurisdiction together with certificates of service.

    Rule 51.

    Interim Award

    The arbitral tribunal may, when it deems it appropriate, make an interim award to decide a dispute arising during the course of the arbitral proceedings. The provisions of Rule 49, Paragraph 1 and Rule 50, Paragraph 1 shall apply mutatis mutandis to such interim award; provided that the statement of a reason for the interim award may be dispensed with.

    Chapter V

    Expedited Procedures

    Rule 52.

    Application of Expedited Procedures

    1. In any case where the amount and economic value of the claimant's claim are not more than ¥20,000,000, arbitration shall be conducted under the provisions set forth in this Chapter; provided that the provisions set forth in this Chapter shall not apply to either of the following cases:

    (1) if the parties notify the Association, within two (2) weeks from the Basic Date provided for in Rule 54, of their agreement that they shall not submit their dispute to the Expedited Procedures;

    (2) if the parties notify the Association, within two (2) weeks from the Basic Date provided for in Rule 54, of their agreement that the number of arbitrators shall be more than one (1); or

    (3) if a counterclaim is submitted pursuant to the provisions set forth in Rule 55 and the amount and/or economic value of such counterclaim exceed ¥20,000,000.

    2. The amount of interest and other fruits, compensation for damages, penalty for breach of contract and expenses incidental to a principal claim shall not be included in either the amount or the economic value of the claim provided for in the preceding Paragraph.

    3. Where the economic value of a claim cannot be calculated or its calculation is extremely difficult, or where there is a dispute between the parties concerning such economic value, the economic value provided for in Paragraph 1 shall be deemed to exceed ¥20,000,000.

    Rule 53.

    Provisions applied to Expedited Procedures

    1. The Expedited Procedures shall be conducted as provided for in Rules 54 through 61.

    2. For matters not provided for in this Chapter, the provisions of the other Chapters shall apply.

    Rule 54.

    Basic Date

    Notwithstanding the provisions of Article 10, Paragraph 1, "Basic Date" shall, under this Chapter, be the date after the lapse of one (1) week from the date on which the Association sends a notice of acceptance of the request for arbitration provided for in Rule 13, Paragraph 1; provided that, if the respondent proves that it received such notice of acceptance after such date, the date on which the respondent received such notice shall be the Basic Date.

    Rule 55.

    Time Limit of Counterclaim

    If the amount and economic value of the respondent's counterclaim provided for in Rule 52 are not more than ¥20,000,000, the respondent may, only within two (2) weeks from the Basic Date provided for in Article 54, submit its counterclaim provided for in Rule 16.

    Rule 56.

    Prohibition against Amendments to Claims or Counterclaims

    Neither the claimant nor the counterclaimant may amend or supplement its claim and counterclaim.

    Rule 57.

    Appointment of Arbitrators

    1. The arbitral tribunal shall consist of a sole arbitrator.

    2. The parties shall agree upon and appoint an arbitrator within four (4) weeks from the Basic Date provided for in Rule 54.

    3. If the parties fail to notify the Association of the appointment of an arbitrator within the period of time provided for in the preceding Paragraph, the Association shall appoint such arbitrator.

    4. If the Association is to appoint an arbitrator pursuant to the provisions of the preceding Paragraph, the Association shall give due consideration to a written request, submitted by either party within five (5) weeks from the Basic Date provided for in Rule 54, that a person of a different nationality from those of the parties be appointed as such arbitrator.

    5. The provisions of Rules 21 through 26 shall not apply to the Expedited Procedures.

    Rule 58.

    Restriction against Hearings

    The arbitral tribunal may hold a hearing for one (1) day only; provided that an additional one (1) day may be provided if unavoidable.

    Rule 59.

    Time Limit of Arbitral Award

    1. The arbitral tribunal shall make an arbitral award within three (3) months after the establishment of the arbitral tribunal.

    2. Notwithstanding the provisions of the preceding Paragraph, the Association may extend such time limit if the arbitrator and all the parties so agree or if the Association determines that the arbitrator is unable to make an arbitral award within the time limit for its mental and/or physical troubles or other reason for which the arbitrator is incompetent to perform the arbitrator's duties; provided that, in either case, the extension of the time limit by the Association shall be limited to a maximum of an additional three (3) months.

    Rule 60.

    Exclusion of Application of Provisions concerning Participation in Proceedings and Consolidated Examination

    The provisions of Rules 40 and 41 shall not apply to the Expedited Procedures.

    Rule 61.

    Replacement of Words

    If Rule 14, Paragraph 1 and Rule 19, Paragraph 1 apply, the words "three (3) weeks" provided for in Rule 14, Paragraph 1 and "thirty (30) days" provided for in Rule 19, Paragraph 1 shall be replaced by the words "four (4) weeks" and "ten (10) days", respectively.

    Chapter VI

    Supplementary Rules

    Rule 62.

    Language

    1. The language or languages to be used in arbitral proceedings shall be Japanese or English or both. The arbitral tribunal shall, except where the parties have agreed on one or both of such languages, determine, without delay, the language or languages to be used. The arbitral tribunal shall, in so determining, take into consideration whether interpreting or translating will be required and how the cost thereof should be allocated.

    2. Arbitral proceedings conducted, prior to the determination of language or languages pursuant to the preceding Paragraph, in a language other than the language or languages so determined shall remain valid. The Association may, if such language is one other than Japanese or English, require the submission of Japanese or English translations.

    3. If it is determined that both Japanese and English are to be the languages used during arbitral proceedings, either Japanese or English may be, at a party's option, used during all arbitral proceedings, including hearings; provided that the arbitral award shall be written in Japanese and English, both versions of which shall be official, and if a discrepancy in interpretation arises between the two (2) versions, the interpretation of the Japanese version shall prevail.

    Rule 63.

    Extension of Period of Time

    1. The parties may, by written agreement, extend any period of time provided for in these Rules, except for the period of time provided for in Rule 10, Paragraph 1, Rule 15, Paragraph 1, Rule 16, Paragraph 1, Rule 19, Paragraph 1 and Rule 24, Paragraph 3 (including the application mutatis mutandis of the provisions or such Paragraph under the provisions of Rule 25, Paragraph 5). In the event of such an extension, the parties shall, without delay, notify the arbitral tribunal (or, hereinafter, for purposes of this Rule, the Association if the arbitral tribunal has not been established) thereof.

    2. The arbitral tribunal may, if deemed necessary, extend any period of time provided for in these Rules (including a period of time determined by the arbitral tribunal) except for the period of time provided for in Rule 59. In the event of such an extension, the arbitral tribunal shall, without delay, notify the parties thereof.

    Rule 64.

    Obligation to Pay Fees, etc.

    1. The parties shall be jointly and severally liable for payment to the Association of the fees provided for in the Arbitration Fee Regulations, necessary expenses incurred during the proceedings and the arbitrators' remuneration.

    2. Any dispute arising between the Association and the parties with respect to the payments provided for in the preceding Paragraph shall be determined by the arbitral tribunal established to determine the dispute between the parties.

    Rule 65.

    Allocation of Fees and Expenses

    In addition to the expenses provided for in Rule 28, Paragraphs 1 and 2, Rule 38 and Rule 43, Paragraph 3 (including the application mutatis mutandis of the provisions of such Paragraph under the provisions of Rule 44, Paragraphs 2 and 3), the parties shall bear, in the manner provided below, the fees provided for in the Arbitration Fee Regulations and the necessary expenses incurred during the proceedings:

    (1) the request fee shall be borne by the party requesting the initiation of arbitral proceedings;

    (2) the administrative fee, hearing fee and necessary expenses incurred during the proceedings shall be borne subject to the allocation determined by the arbitral tribunal and set forth in the arbitral award; and

    (3) the hearing schedule alteration fee shall be borne, if the alteration is requested by one of the parties, by such party, and, in any other case, equally by both parties.

    Rule 66.

    Allocation of Remuneration for Arbitrators

    The parties shall bear equally the cost of the remuneration fixed by the Association for the arbitrators; provided that the arbitral tribunal may, in view of the circumstances, allocate such cost in any other manner.

    Rule 67.

    Payment to the Association

    1. The parties shall pay to the Association, in the manner and within the period of time determined by the arbitral tribunal, a sum of money fixed by it to cover the hearing fee, the hearing schedule alteration fee, the arbitrators' remuneration and necessary expenses incurred during the proceedings.

    2. If a party fails to make payment as provided for in the preceding Paragraph, the arbitral tribunal may suspend or terminate the arbitral proceedings unless the other party makes such payment on behalf of the first party.

    3. If, subsequent to termination of the arbitral proceedings, the total sum of money paid under the provisions of Paragraph 1 exceeds the total sum of the administrative fee and other fees and expenses determined by the arbitral tribunal under the provisions of Rule 49, Paragraph 3 and the hearing schedule alteration fee, the Association shall refund the difference to either or both of the parties.

    Rule 68.

    Official Version of these Rules

    These Rules have been prepared in Japanese and in English and both versions are official; provided that, in the event that a discrepancy in interpretation arises between the two versions, the interpretation of the Japanese version shall prevail.

    Supplementary Provisions (Effective as of October 1, 1992)

    1. These Rules shall come into effect on October 1, 1992.

    2. The Commercial Arbitration Rules, as amended on June 1,1991(hereinafter the "Former Rules"), are hereby repealed.

    3. Any arbitral proceedings initiated before these Rules come into effect shall be governed by the Former Rules; provided that subsequent proceedings may, upon agreement of the parties, be conducted pursuant to these Rules. In the event of such an agreement between the parties, the proceedings that already have been conducted pursuant to the Former Rules shall remain valid.

    Supplementary Provisions (Effective as of October 1, 1997)

    1. These Rules shall come into effect on October 1, 1997.

    2. Any arbitral proceedings initiated before these Rules come into effect shall be governed by the former Rules; provided that subsequent proceedings may, upon agreement of the parties, be conducted pursuant to these Rules. In the event of such an agreement between the parties, the proceedings that already have been conducted pursuant to the former Rules shall remain valid.

    - Arbitration Fee Regulations

    Amended May 28, 1997

    Effective October 1, 1997

    Article 1

    Request Fee and Administrative Fee

    1. The request fee and the administrative fee that the claimant should pay at the time of submitting a request for arbitration shall be as follows:


    Request Fee : ¥ 50,000

     
    Administrative Fee :

    Amount or Economic

    Value of Claim

     
    Amount of Fee

     
    Not more than ¥ 5,000,000

     
    ¥ 200,000

     
    More than ¥ 5,000,000 but not more than ¥ 10,000,000

     
    ¥ 200,000 plus 3% of excess over ¥ 5,000,000

     
    More than ¥ 10,000,000 but not more than ¥ 20,000,000

     
    ¥ 350,000 plus 1.5% of excess over ¥ 10,000,000

     
    More than ¥ 20,000,000 but not more than ¥ 100,000,000

     
    ¥ 500,000 plus 1% of excess over ¥ 20,000,000

     
    More than ¥ 100,000,000 but not more than ¥ 1,000,000,000

     
    ¥ 1,300,000 plus 0.3% of excess over ¥ 100,000,000

     
    More than ¥ 1,000,000,000 but not more than ¥ 5,000,000,000

     
    ¥ 4,000,000 plus 0.25% of excess over¥ 1,000,000,000

     
    More than ¥ 5,000,000,000

     
    ¥ 14,000,000

     
    Claim whose economic value cannot be calculated or is extremely difficult of its calculation

     
    ¥ 1,000,000 per claim

     
    2. Where the claim includes a claim for interest, damages, etc. accruing or being caused continuously, the administrative fee shall be calculated based upon the amount of the claim as of the date of submitting the request for arbitration plus the amount of interest, damages, etc. for a period of one year from such date.

    Article 2

    Administrative Fee in Case of Modification of Amount of Claim

    If, after paying the administrative fee, the claimant increases the amount of the claim or adds another claim, the administrative fee shall be the amount obtained by applying Article 1 to the claim as modified; provided that "the date of submitting the request for arbitration" in the provisions of Article 1, Paragraph 2 shall be replaced with "the date of increasing the amount of the claim or adding another claim".

    Article 3

    Request for Decision on Propriety of Amount of Administrative Fee Already Paid

    The parties or the Japan Commercial Arbitration Association (hereinafter the "Association") may request the arbitral tribunal to decide on the propriety of the amount of administrative fee already paid under the provisions of the preceding two (2) articles. Upon such a decision, if the amount already paid falls short of the amount of the administrative fee so decided, the Association may request the claimant to pay the difference, or, if the amount already paid exceeds the amount of the administrative fee so decided, the Association shall refund the difference to the claimant.

    Article 4

    Administrative Fee in Case of Withdrawal of Request for Arbitration

    1. If the claimant, within thirty (30) days after the initiation of the arbitral proceedings and when no arbitrator has been appointed, withdraws the request for arbitration, the Association shall refund the total amount of the administrative fee.

    2. If the claimant, with the respondent's consent, withdraws the request for arbitration, the Association shall, according to the time of such withdrawal, refund a part of the administrative fee as follows:

    (a) If thirty (30) or more days have elapsed after the initiation of the arbitral proceedings and no arbitrator has been appointed, three quarters of the amount of the administrative fee.

    (b) If some but not all of the arbitrators have been appointed, two thirds of the amount of the administrative fee.

    (c) If all of the arbitrators have been appointed but either no hearing has been scheduled or at least forty-eight (48) hours remain prior to the scheduled date and time of the first hearing, one half of the amount of the administrative fee.

    3. The provisions of the preceding two (2) Paragraphs shall not apply to arbitration under the Expedited Procedures provided for in Chapter V of the Commercial Arbitration Rules.

    Article 5

    Administrative Fee in Case of Withdrawal of Request for Arbitration where Expedited Procedures Apply

    In the case of arbitration under the Expedited Procedures provided for in Chapter …£ of the Commercial Arbitration Rules, if the claimant, within ten (10) days after the initiation of the arbitral proceedings and when no arbitrator has been appointed, withdraws the request for arbitration, the Association shall refund the total amount of the administrative fee.

    Article 6

    Application in Case of Counterclaim

    The provisions of the preceding five (5) Articles shall apply to a counterclaim made by the respondent.

    Article 7

    Hearing Fee and Hearing Schedule Alteration Fee

    1. The hearing fee shall be ¥ 30,000 per hearing date.

    2. The hearing schedule alteration fee shall be ¥ 20,000 per alteration.

    3. The provisions of the preceding two (2) Paragraphs shall apply mutatis mutandis to the fee of the pre-hearing conference, the conference for settlement and any other meetings between the arbitral tribunal and the parties.

    (Consumption Tax may be added as appropriate.)

    - Regulations for Arbitrator's Remuneration

    Effective January 1, 1995

    Article 1

    Application of these Regulations

    These Regulations shall apply to the arbitrator's remuneration and related matters for arbitration under the Commercial Arbitration Rules of the Japan Commercial Arbitration Association (hereinafter called the "Association").

    Article 2

    Arbitrator's Remuneration

    The basic amount of an arbitrator's remuneration shall be based on the amount equal to the Hourly Rate multiplied by the number of the Arbitration Hours. Taking into consideration the complexity of the case, the speed of examination proceedings, the circumstances of each arbitrator, the role of the third arbitrator and other circumstances, the Association shall determine, within the upper limit specified in the annexed table, the amount of remuneration for each arbitrator pursuant to these Regulations.

    Article 3

    Arbitration Hours and Hourly Rate

    1. The term "Arbitration Hours" means the time spent for hearings and the time reasonably required for preparation for arbitral proceedings and related matters; provided that, only one-half of the traveling time the arbitrator spends for arbitral proceedings shall be added to the Arbitration Hours except for the time spent for preparation for arbitral proceedings.

    2. Taking into consideration their experience as arbitrators, the complexity of the case and related matters, the Association will determine, before the establishment of the arbitral tribunal, an Hourly Rate out of ¥40,000, ¥30,000 and ¥25,000 for each arbitrator upon hearing the party's opinion as to the remuneration of the arbitrator appointed by that party and upon hearing all the parties' opinions as to the remuneration of the sole or the third arbitrator; provided that the Hourly Rate for the third arbitrator shall not be lower than those for the other arbitrators.

    3. Notwithstanding the provisions of the preceding Paragraph, all the parties and the arbitrator(s) may unanimously agree to any other Hourly Rate whatsoever before conclusion of the examination proceedings. The parties, when reaching such agreement, shall without delay notify the Association of the agreed Hourly Rate.

    4. If one of the arbitrators has been entrusted by the arbitral tribunal to draw up a draft of the arbitral award or to do any other things, an amount equal to Hourly Rate multiplied by the number of hours spent for the entrusted work shall be added to the amount calculated pursuant to the preceding three (3) paragraphs, and such total amount shall be the basic amount of remuneration for that arbitrator as calculated under the provisions of Article 2.

    5. The arbitrator(s) shall provide the Association with a monthly report stating the time reasonably required for preparation for arbitral proceedings and related matters as well as the traveling time set forth in the proviso of Paragraph 1 of this Article.

    Article 4

    Reduction of Hourly Rate

    1. When the Arbitration Hours exceed sixty (60) hours, the Hourly Rate shall be reduced by ten (10)% for every fifty (50) hours in excess of the initial 60 hours, provided that the reduction shall not exceed 50% of the original Hourly Rate and provided further that the Hourly Rate for the time spent for the entrusted work by the arbitrator entrusted to do such work as set forth in Article 3, Paragraph 4 shall be equal to that arbitrator's original Hourly Rate.

    2. At the time of calculating the number of hours set forth in the preceding Paragraph, the traveling time set forth in the proviso of Article 3, Paragraph 1 shall not be counted.

    Article 5

    Reduction of Arbitrator's Remuneration

    In case an arbitrator loses his/her status as an arbitrator due to his/her resignation or other reasons during arbitral proceedings, the Association may, in consideration of the circumstances, reduce the arbitrator's remuneration calculated under the provisions of Articles 2 through 4.

    Article 6

    Committee for Reviewing Arbitrator's Remuneration

    1. If any arbitrator or party considers the application of the provisions of Articles 2 through 5 inappropriate, that arbitrator or party may request the Association to review the application of such provisions. Such request shall be made as early as possible, and at the latest by the time of concluding the examination proceedings.

    2. In case a request under the provisions of the preceding Paragraph has been made to the Association, the Committee for Reviewing Arbitrator's Remuneration (hereinafter called the "Committee") shall decide whether or not the request has merit. If the Committee accepts the request, it may set the arbitrator's remuneration at any appropriate amount notwithstanding the provisions of Articles 2 through 5.

    3. The Committee's determination under the provision of the preceding paragraph shall be final and no appeal shall be allowed against the arbitrator's remuneration so determined.

    Article 7

    Payment of Arbitrator's Remuneration

    1. The Association shall pay to the arbitrator his/her remuneration without delay upon the arbitrator's rendering of an arbitral award or upon the withdrawal of the request for arbitration

    2. The Association shall pay to the arbitrator his/her remuneration without delay upon the arbitrator's loss of his/her status as an arbitrator due to his/her resignation or other reasons.

    Article 8

    Arbitrator's Expenses

    1. The arbitrator shall be entitled to reimbursement by the Association of his/her actual expenses incurred to the extent required for arbitral proceedings, including expenses for travel, hotels, meals and other expenses, and which are defined as "necessary expenses incurred during the proceedings" in Rule 65 of the Commercial Arbitration Rules of the Association.

    2. The travel expenses shall include air, train and taxi fares.

    3. The arbitrator's expenses set forth in Paragraph 1 shall be paid by the Association when the arbitrator has provided documentary evidence thereof to the Association.

    (Consumption Tax may be added as appropriate.)

    Annex to The Regulations for Arbitrator's Remuneration

    Upper Limit of the Arbitrator's Remuneration

    1. A sole arbitrator


    Amount or Economic

    Value of Claim

     
    Maximum Amount of Remuneration

     
    Not more than ¥ 20,000,000

     
    10%

     
    More than ¥ 20,000,000 but not more than ¥ 100,000,000

     
    ¥ 2,000,000 plus 2.5% of excess over ¥ 20,000,000

     
    More than ¥ 100,000,000 but not more than ¥ 500,000,000

     
    ¥ 4,000,000 plus 1.5% of excess over ¥ 100,000,000

     
    More than ¥ 500,000,000 but not more than ¥ 1,000,000,000

     
    ¥ 10,000,000 plus 0.4% of excess over ¥ 500,000,000

     
    More than ¥ 1,000,000,000 but not more than ¥ 5,000,000,000

     
    ¥ 12,000,000 plus 0.1% of excess over ¥ 1,000,000,000

     
    More than ¥ 5,000,000,000

     
    ¥ 16,000,000 plus 0.08% of excess over ¥ 5,000,000,000

     
    Claim whose economic value cannot be calculated or is extremely difficult of its calculation

     
    As determined by the Association

     
    2. Two or more arbitrators

    [(Maximum Amount of Remuneration of a sole arbitrator) x (number of arbitrators) x 0.8] shall be the maximum aggregate remuneration for two or more arbitrators.