Western and Central Africa
Eastern and Southern Africa
Eastern Europe and Central Asia
Made 3rd February, 1999
Last amended 15 June, 2001
In force 1st September, 2001
Section 1. [Definition]
The Small Claims Arbitration Procedure in these Rules means
arbitration procedure which is performed with expedition and
simplicity, regarding a dispute over a claim not exceeding, in
principle, Five Million Yen (¥5,000,000), under these Rules in
place of the Ordinary Rules, by agreement between both parties.
Section 2. [Relation between these Rules and the Ordinary
All matters which are not covered by these Rules shall be
governed by the Ordinary Rules.
Section 3. [Application for the Small Claims Arbitration
An applicant for the Small Claims Arbitration Procedure under
these Rules (hereinafter referred to as "the Claimant"), shall file
with the TOMAC the following documents in three (3) copies (in
respect of items 4 and 5, one (1) copy each is sufficient):
1. Statement of Claim in the Small Claims Arbitration
2. A document evidencing the agreement that any dispute shall be
referred to arbitration of the JSE or arbitration in accordance
with these Rules;
3. Documents in support of the claim, if any;
4. Where a party is a body corporate, a document evidencing the
capacity of its representative;
5. Where an attorney is nominated by the Claimant, a document
empowering the attorney to act on behalf of the Claimant.
Section 4. [Acceptance of Application for the Small Claims
When the Secretariat acknowledges that the application complies
with the requirements of Section 3, it shall accept the
Section 5. [Filing of Defense and Supplementary Statement in the
Small Claims Arbitration Procedure]
(1) When the Secretariat has accepted the application for the
Small Claims Arbitration Procedure, the Secretariat shall forward
to the other party (hereinafter referred to as "the Respondent") an
original of the Statement of Claim in the Small Claims Arbitration
Procedure together with copies of the documentary evidence, and
instruct the Respondent to send to the Secretariat and the Claimant
respectively within fifteen (15) days from the day of receipt of
such instruction a Defense in the Small Claims Arbitration
Procedure and any supporting evidence.
(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 Small Claims Arbitration
Procedure 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 Small Claims
Arbitration Procedure under these Rules.
(3) 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 Final Supplementary Statement and further documentary evidence,
(4) When the Respondent has received the Final Supplementary
Statement and documentary evidence (if any), the Respondent shall,
if it has any objection thereto, send to the Secretariat and the
Claimant respectively within ten (10) days from the day of receipt
thereof its Final Supplementary Statement and further documentary
evidence, if any.
(5) The Defense, Final Supplementary Statements 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.
(6) 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 the Small Claims
Arbitration Procedure of a counterclaim arising out of the same
cause or matter, the Respondent must do so within the period
stipulated in Section 5(1).
(2) When such an application has been made within the period
stipulated in Section 5(1), the Small Claims Arbitration Procedure
of such counterclaim shall, in principle, be performed concurrently
with the Small Claims Arbitration Procedure applied for by the
Section 7. [Costs of Arbitration]
(1) The Claimant shall, when applying for the Small Claims
Arbitration Procedure, pay to the Secretariat a Filing Fee in the
amount of Thirty Thousand Yen (¥30,000) together with the amount
defined in the Tariff of Fees for the Small Claims Arbitration
Procedure (hereinafter referred to as "the Arbitration Fee").
(2) The provision in the preceding Sub-Section shall also apply
to an application for the Small Claims Arbitration Procedure of a
(3) Each party shall pay the consumption tax imposed on the
amount of the each fee as provided in the foregoing (1) and
(4) The Filing Fee shall not be refunded after the application
for arbitration has been accepted.
Section 8. [Appointment of Arbitrator]
TOMAC shall, within ten (10) days from the day when the
Respondent's Defense was filed or should have been filed, whichever
is earlier, appoint a sole arbitrator from among persons listed on
the Panel of Arbitrators who have no connection with either of the
parties or the matter in dispute.
Section 9. [Hearings]
(1) The Arbitrator shall conduct a hearing by way of the
examination of documents, in principle, within fifteen (15) days
from the day of appointment. There shall be no oral hearing unless
the Arbitrator deems it necessary.
(2) Where the Arbitrator deems it necessary to give an oral
hearing, the Arbitrator shall, in principle within fifteen (15)
days from the day of appointment, hold the hearing in the presence
of all parties. There must be only one (1) oral hearing in the
absence of exceptional circumstances.
(3) The parties shall be allowed to have witnesses attend the
oral hearing and give evidence. However, if a witness is unable to
attend the hearing for any reason, a signed statement is
(4) The Arbitrator 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 10. [Disclosure of Documents]
The Arbitrator may require from the parties production of the
following documents which are certain to exist but have not been
produced by the parties as evidence:
1. A document which was signed by the parties and under or in
connection with which the dispute arose;
2. Any document which is usually created in the course of
dealings between the parties;
3. Any document the production of which one party who bears the
burden of proof, is legally entitled to request from the party
holding such document, and any other documents which the Arbitrator
deems necessary or appropriate.
Section 11. [The Award]
(1) The Arbitrator shall issue an award on the case promptly
after conclusion of the hearing pursuant to Section 9.
(2) In the Award of the Small Claims Arbitration Procedure,
items 3 and 4 of Section 32(1) of the Ordinary Rules may be
described as briefly as practicable.
Section 12. [Period of Grace]
(1) Where the Arbitrator awards the claim in whole or in part to
the Claimant, the Arbitrator may, having considered the
Respondent's solvency, the trade relationship between the parties
and/or other pertinent circumstances, grant the Respondent (a) a
period of grace for payment; (b) payment by instalments within the
period not exceeding three (3) years without incurring default
interest; and/or (c) issuance of promissory notes on such
(2) If the Arbitrator grants such payment method, the Arbitrator
must state in the award that in the event of nonfulfilment of the
obligations by the Respondent in respect of such payment the
Respondent shall forfeit the benefit of the period of payment and
pay the balance immediately together with interest which the
Claimant would have earned had the Arbitrator not granted such
(3) Where the Arbitrator awards the counter-claim in whole or in
part to the Respondent, the preceding Sub-Sections shall also apply
Section 13. [Notarial Deed]
(1) The Arbitrator may, in awarding all or part of the monetary
claim to the Claimant, recommend that the parties obtain a notarial
deed for compulsory execution of the arbitral award.
(2) When the parties agree on such notarial deed, the
Secretariat shall perform the notarisation work on behalf of the
parties. In this case, the Secretariat shall require from the
Claimant reimbursement of the fee paid to the Notary Public plus a
charge of Ten Thousand Yen (¥10,000) to cover the administrative
(3) Where the Arbitrator awards all or part of the counter-claim
to the Respondent, the preceding Sub-Sections shall also apply
Section 14. [Apportionment of Costs of Arbitration]
The costs of the Small Claims Arbitration Procedure shall be
paid from the Filing Fee and Arbitration Fee paid to the
Secretariat under Section 7 and the ratio which each party shall
bear shall be decided by the Arbitrator.
Section 15. [Omission of Procedure by Agreement]
Where the parties agree that a certain part of the arbitral
procedure under these Rules is to be omitted, the Arbitrator may,
in its discretion, omit such part.
The Tariff of Fees for the Small Claims Arbitration
The amount of the Small Claims Arbitration Procedure Fee to be
paid shall be as follows:
Five percent (5%) of the amount of the claim and of the
counter-claim, if any, but not less than One Hundred Thousand Yen