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.