Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Made 25th April, 1985
Last amended 15th June, 2001
In force 1st September, 2001
Section 1. [Definition]
Simplified Arbitration in the present Rules shall mean
arbitration which is performed with speed and simplicity, regarding
a dispute over a claim not exceeding Twenty Million Yen
(¥20,000,000), under the present Rules in place of the Ordinary
Rules of TOMAC, by agreement between both parties.
Section 2. [Relation between the present Rules and the Ordinary
All matters which are not covered by the present Rules shall be
governed by the Ordinary Rules. In the event of a conflict between
the two sets of Rules, the present Rules shall prevail over the
Ordinary Rules to the extent of such conflict.
Section 3. [Application for Simplified Arbitration]
Any party wishing to apply for Simplified Arbitration under the
present Rules (hereinafter referred to as "the Claimant"), shall
file with the TOMAC the documents stipulated in Section 5 of the
Ordinary Rules. The Statement of Claim shall be marked with the
note to specify that the application is for Simplified
Section 4. [Acceptance of Application for Simplified
(1) When the Secretariat acknowledges that the application
complies with the requirements of the preceding Section, it shall
accept the application.
(2) The date of acceptance of the application in accordance with
the preceding Sub-Section shall be deemed to be the date of
commencement of the arbitration proceedings.
Section 5. [Filing of Defense and Supplementary Statement in
(1) When the Secretariat has accepted the application for
Simplified Arbitration, it shall forward to the other party
(hereinafter referred to as "the Respondent") an original of the
Statement of Claim in Simplified Arbitration together with the
respective copies of the documentary evidence submitted, and shall
instruct the Respondent to send to the Secretariat and the Claimant
respectively the Defense in Simplified Arbitration and any
supporting evidence within fifteen (15) days from the day of
receipt of such instruction.
(2) Where there is no document evidencing the agreement to refer
a dispute to arbitration under these Rules, the Secretariat shall
forward to the Respondent, together with those documents specified
in the preceding Sub-Section, a notice in writing to the effect
that TOMAC shall proceed with the Simplified Arbitration unless the
Respondent submits an objection in writing thereto within the
period stipulated in the preceding Sub-Section. Where the
Respondent has not submitted an objection in writing within the
said period, the Respondent shall be deemed to have confirmed that
the dispute should be submitted to the Simplified Arbitration under
(3) Where the Respondent nominates its agent, the Respondent
shall file, on filing of the Defense, a document empowering the
agent to act on its behalf.
(4) When the Claimant has received the Defense and documentary
evidence (if any), the Claimant shall, if it has any objection to
the Defense, send to the Secretariat and the Respondent
respectively within ten (10) days from the day of receipt thereof
its Supplementary Statement and further documentary evidence, if
(5) Further arguments by the parties shall be submitted orally
to the Tribunal at the hearing.
(6) The Defense, Supplementary Statement and documentary
evidence may be submitted via e-mail or fax, provided that the
sending party shall bear the burden of proving that the copies are
identical to the originals and that it has in fact forwarded those
to the other party.
(7) The documents under this Section shall be submitted in the
number of copies as instructed by the Secretariat.
Section 6. [Counterclaim by Respondent]
(1) If the Respondent wishes to apply for Simplified Arbitration
of a counterclaim arising out of the same cause or matter, it must
do so within the period stipulated in Sub-Section (1) of the
(2) When such an application is made within the period
stipulated, Simplified Arbitration of such counterclaim shall, in
principle, be performed concurrently with the Simplified
Arbitration applied for by the Claimant.
Section 7. [Appointment of Arbitrators]
The TOMAC shall, within ten (10) days from the day when the
Respondent's Defense is filed, appoint an uneven number of
arbitrators or a sole arbitrator from among persons listed on the
Panel of Arbitrators who have no connection with either of the
parties or with the matter in dispute.
Section 8. [Hearings]
(1) The Tribunal shall, unless prevented by special
circumstances, organize hearings within thirty-five (35) days from
the day when the Supplementary Statement under Section 5(4) was
filed or should have been filed, whichever is sooner.
(2) The Tribunal shall hold the hearing in the presence of all
parties. However, where the Tribunal deems it necessary, separate
hearings may be held for the parties.
(3) The parties shall be allowed to have witnesses attend the
hearing(s) and give evidence. However, if for whatever reason a
witness is unable to attend the hearing(s), a written and signed
statement shall be accepted in place of its appearance.
(4) When the parties have submitted an agreement stipulating no
hearings, the Tribunal shall omit the hearings referred to in this
(5) The Tribunal may, after taking into consideration the views
of the parties, hold a hearing of any of the parties, agents,
witnesses or expert witnesses, who are unable to attend because of
illness, inconvenient location of residence or other unavoidable
reasons, in such a manner as to enable the absentee and all the
attendees to communicate with each other through two-way
telecommunications technology. In this case, the person who has
provided evidence through telecommunications shall be deemed to
have attended the hearing.
Section 9. [Mediation]
If either or both of the parties request mediation, or the
Tribunal deems it suitable and advisable, the Tribunal may, at any
time while the Simplified Arbitration is proceeding, make a
mediation proposal. Such mediation shall occupy a maximum of thirty
Section 10. [When Award Given]
The Tribunal shall give its award on the case in principle
within thirty (30) days from the conclusion of the hearings.
Section 11. [Description of Items in the Award]
In the Simplified Arbitration Award, Nos. 3 and 4 of Section
32(1) of the Ordinary Rules shall be fully satisfied by as brief a
description as practicable of the matters referred to therein.
Section 12. [Costs of Simplified Arbitration]
(1) The Claimant shall, when he applies for Simplified
Arbitration, pay to the Secretariat a Filing Fee of One Hundred
Thousand Yen (¥100,000). This provision shall also apply where an
application for Simplified Arbitration of a counterclaim is
(2) Each party shall, within seven (7) days after the receipt of
notice from the Secretariat, pay to the Secretariat the fee
(hereinafter referred to as "the Arbitration Fee") which the
Tribunal shall determine in accordance with the Tariff of Fees for
(3) If the Respondent applies for Simplified Arbitration of a
counterclaim arising out of the same cause or matter and the
Tribunal considers that such Simplified Arbitration can be
performed concurrently with the Claimant's application, the amounts
claimed and counterclaimed respectively shall be aggregated and the
aggregate sum shall be taken as the amount of claim in the Tariff
of Fees for Simplified Arbitration.
(4) Each party shall pay the consumption tax imposed on the
amount of the each fee as provided in the foregoing (1) to (3).
Section 13. [Apportionment of Costs of Arbitration]
The costs of Simplified Arbitration shall be paid from the
Filing Fee and Arbitration Fee paid to the Secretariat under
Section 12 and the ratio in which they shall be borne by the
parties shall be decided by the Tribunal.
The Tariff of Fees for Simplified Arbitration
The amount of the Simplified Arbitration Fee to be paid by each
party shall be as follows:
When the amount of claim is ¥ 10,000,000 or less, the fee to be
paid is ¥ 300,000;
When the amount of claim exceeds ¥ 10,000,000, but does not
exceed ¥ 20,000,000, the fee to be paid is ¥ 350,000;
When the amount of claim exceeds ¥ 20,000,000, the fee to be
paid is the amount to be paid in accordance with the Tariff of Fees
for Ordinary Arbitration, less 10%.