Interactive
Arbitration
Rules
2021

Standard Arbitration ClauseAll disputes, controversies or differences
arising out of or in connection with thiscontract shall be finally settled by arbitrationin accordance with the Interactive Arbitration
Rules of The Japan Commercial Arbitration
Association. The place of the arbitration shallbe [city and country].

CONTENTS
Interactive Arbitration Rules ...........................................1
PART I ARBITRATION PROCEDURES................................1
CHAPTER I General Provisions............................................. 1
Article 1 Purpose............................................................. 1
Article 2 Definitions.......................................................... 1
Article 3 Scope of Application............................................ 1
Article 4 Relationship between Part 1 and Part 2 throughPart 4................................................................ 2
Article 5 Derogation from the Rules.................................... 2
Article 6 Interpretation of the Rules.................................... 2
Article 7 Communication................................................... 2
Article 8 Administrative Body and Secretariat....................... 3
Article 9 List of Candidates for Arbitrators........................... 3
Article 10 Representation and Assistance.............................. 4
Article 11 Language........................................................... 4
Article 12 Period of Time..................................................... 4
Article 13 Exclusion of Liability............................................ 5
CHAPTER II Commencement of Arbitration............................ 5
Article 14 Request for Arbitration......................................... 5
Article 15 Single Arbitration for Multiple Claims...................... 6
Article 16 Notice of Request for Arbitration............................ 7
Article 17 Constitution of Arbitral Tribunal andJurisdictional Objection........................................ 7
Article 18 Answer.............................................................. 7
Article 19 Counterclaim...................................................... 8
Article 20 Set-off Defense................................................... 9
Article 21 Amendment to Claim........................................... 9
Article 22 Number of Copies to be Submitted...................... 10
Article 23 Withdrawal of Claim........................................... 10
CHAPTER III Arbitrators and Arbitral Tribunal...................... 11
Article 24 Impartiality and Independence of Arbitrators........ 11
Article 25 Appointment and Confirmation of Arbitrators......... 12
Article 26 Number of Arbitrators........................................ 12
Article 27 Appointment of Arbitrator - Sole Arbitrator........... 13
Article 28 Appointment of Arbitrators - Three Arbitrators....... 13
Article 29 Appointment of Arbitrators - Three Arbitrators in
Multi-Party Arbitration........................................ 14
Article 30 Notice of Appointment of Arbitrator by the JCAA.... 15
Article 31 Arbitral Tribunal................................................ 15
Article 32 Decision of Arbitral Tribunal................................ 16
Article 33 Tribunal Secretary............................................. 16
Article 34 Challenge to Arbitrators..................................... 16
Article 35 Removal of Arbitrators....................................... 17
Article 36 Appointment of Substitute Arbitrator.................... 17i

Article 37 Vacancy after Closing of Arbitral Proceedings........ 18
Article 38 Repetition of Arbitral Proceedings by SubstituteArbitrator......................................................... 18
CHAPTER IV Arbitral Proceedings....................................... 18
Section 1. Conduct of Arbitral Proceedings........................... 18
Article 39 Place of Arbitration............................................ 18
Article 40 Conduct of Arbitral Proceedings........................... 18
Article 41 Rejection of Party’s Untimely Submission ofStatement or Evidence....................................... 19
Article 42 Confidentiality................................................... 19
Article 43 Time Limit of Arbitral Award and Procedural
Schedule.......................................................... 19
Article 44 Submission of Written Statements and Evidence.... 20
Article 45 Default of a Party.............................................. 20
Article 46 Competence of Arbitral Tribunal to Determine
Jurisdiction....................................................... 20
Article 47 Decision on Separate Proceedings........................ 20
Article 48 Arbitral Tribunal’s Active Role in Clarifying
Parties’ Positions and Ascertaining Issues............. 22
Article 49 Interim Decision................................................ 22
Article 50 Decision on Hearings......................................... 22
Article 51 Scheduled Date and Place of Hearings.................. 23
Article 52 Appearance by Parties at Hearings....................... 23
Article 53 Waiver of Right to Object.................................... 23
Article 54 Evidence.......................................................... 24
Article 55 Expert Appointed by Arbitral Tribunal................... 24
Article 56 Expressing Arbitral Tribunal’s Preliminary Views..... 24
Article 57 Third Party Joinder............................................ 25
Article 58 Consolidation.................................................... 26
Article 59 Mediation......................................................... 27
Article 60 Special Rules for the CMR if an Arbitrator serves
as Mediator...................................................... 27
Article 61 Closing and Reopening of Arbitral Proceedings....... 28
Article 62 Termination of Arbitral Proceedings...................... 28
Section 2. Arbitral Award................................................... 29
Article 63 Final Award, Partial Award andAward by Consent............................................. 29
Article 64 Prohibition of Disclosing
Dissenting Opinion............................................. 29
Article 65 Effect of Arbitral Award...................................... 29
Article 66 Rules Applicable to Substance of Dispute.............. 29
Article 67 Arbitral Award - Number of Copies and Format...... 30
Article 68 Notice of Arbitral Award..................................... 31
Article 69 Correction of Arbitral Award................................ 31
Article 70 Interpretation of Arbitral Award........................... 31
Article 71 Additional Arbitral Award.................................... 31

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CHAPTER V Interim Measures by Arbitral Tribunal or by
Emergency Arbitrator...................................... 31
Section 1. Interim Measures by Arbitral Tribunal.................. 31
Article 72 Interim Measures.............................................. 31
Article 73 Provision of Security.......................................... 32
Article 74 Disclosure........................................................ 32
Article 75 Modification, Suspension, Termination.................. 33
Section 2. Interim Measures by Emergency Arbitrator........... 33
Article 76 Application for Emergency Measures.................... 33
Article 77 Appointment of Emergency Arbitrator.................. 34
Article 78 Mandate of Emergency Arbitrator........................ 35
Article 79 Approval, Modification, Suspension andTermination by Arbitral Tribunal........................... 36
Article 80 Application Mutatis Mutandis............................... 36
CHAPTER VI Costs............................................................ 36
Article 81 Allocation of Costs............................................. 36
Article 82 Joint and Several Liability to the JCAA.................. 37
Article 83 Payment, Deposit and Accounting........................ 37
PART 2 EXPEDITED ARBITRATION PROCEDURES...........37
Article 84 Relationships between Part 1 and Part 2............... 37
Article 85 Scope of Application.......................................... 38
Article 86 Discontinuation of Expedited Arbitration
Procedures....................................................... 39
Article 87 Appointment of Arbitrator................................... 39
Article 88 Document Only Proceedings................................ 39
Article 89 Time Limit of Arbitral Award................................ 40
Article 90 Extension of Time Limit of Arbitral Award.............. 40
Article 91 No Third Party Joinder or Consolidation................ 40
PART 3 ARBITRATOR’S REMUNERATION........................40
Article 92 Application of the Provisions of Part 3................... 40
Article 93 Definitions........................................................ 40
Article 94 Remuneration for Sole Arbitrator......................... 41
Article 95 Remuneration for Presiding Arbitrator and
Co-Arbitrators................................................... 41
Article 96 Reduction or Non-Payment of Arbitrator’s
Remuneration................................................... 42
Article 97 Parties’ Agreement on Change of Arbitrator’s
Remuneration before Constitution of the Arbitral
Tribunal........................................................... 43
Article 98 No-Change of Arbitrator’s Remuneration afterConstitution of the Arbitral Tribunal...................... 43
Article 99 Change of Amount of Arbitrators’ Remuneration
by Agreement among Arbitrators......................... 43
Article 100 Payment of Arbitrator’s Remuneration................ 44
Article 101 Arbitrator’s Expenses....................................... 44iii

Article 102 Special Rules concerning Emergency
Arbitrator’s Remuneration................................. 45
PART 4 ADMINISTRATIVE FEE.......................................45
Article 103 Administrative Fee........................................... 45
Article 104 Administrative Fee in the Case of Modificationof Amount of Claim.......................................... 46
Article 105 Administrative Fee in the Case of Withdrawal of
All Claims....................................................... 47
Article 106 Administrative Fee in the Case of Withdrawalof All Claims where Expedited Arbitration
Procedures Apply............................................. 47
Article 107 Application in the Case of Counterclaim andThird Party Joinder........................................... 47
Article 108 Special Rules concerning Application for
Emergency Measures....................................... 47
Supplementary Provisions..............................................48

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Interactive Arbitration Rules
As Amended and Effective on July 1, 2021

PART I ARBITRATION PROCEDURES
CHAPTER I General Provisions
Article 1 Purpose
These Interactive Arbitration Rules (the “Rules”) provide for the procedures and the other necessary mattersrelating to arbitration conducted where the parties haveagreed to resolve their dispute by arbitration under theRules.
Article 2 Definitions
1 The term “JCAA” means the Japan Commercial
Arbitration Association.
2 The term “Party” or “Parties” means one or moreclaimants and respondents.
3 The term “in writing” includes hard copy and electronic documents. “Electronic documents” include
electronic, magnetic and any other recording media
used in information processing by a computer or otherelectronic device.
4 The term “Commercial Arbitration Rules” means
Commercial Arbitration Rules of the JCAA.
5 The term “UNCITRAL Arbitration Rules” means
the UNCITRAL Arbitration Rules supplemented by
Administrative Rules for UNCITRAL Arbitration of the
JCAA.
Article 3 Scope of Application
1 The Rules shall apply where an arbitration agreement
provides for arbitration conducted under the Rules.
2 Notwithstanding Rules 3.1, the Commercial Arbitration
Rules or UNCITRAL Arbitration Rules shall apply
where:(1) before the confirmation or appointment of any
arbitrator by the JCAA, all the Parties haveagreed in writing to arbitration conductedunder the Commercial Arbitration Rules or the
UNCITRAL Arbitration Rules and notify the JCAA
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of such agreement; or(2) the claimant offers in its request that the arbitration be conducted under the Commercial
Arbitration Rules or UNCITRAL Arbitration Rules
and the respondent accepts such offer before theconfirmation or appointment of any arbitrator by
the JCAA.
In these cases, the proceedings conducted under theRules before such agreement is reached shall remain in
effect.
Article 4 Relationship between Part 1 and Part 2
through Part 4
The Parties’ agreement that their disputes are resolved
by arbitration under the Rules shall include the rules provided for in Part 2 through Part 4.
Article 5 Derogation from the Rules
Where the Rules apply, the Parties, the arbitrators andthe JCAA, and their relationships shall be governed by
the Rules, and by any agreements of the parties varying any of the Rules except for Part 3 and Part 4 of theRules.
Article 6 Interpretation of the Rules
1 The authentic texts of the Rules are Japanese andEnglish. In the event of any difference or inconsistency between these two versions, the Japanese version
shall prevail.
2 In the event of any difference as to the interpretation of the Rules, the interpretation by the JCAA shallprevail; provided that the interpretation of an arbitral
tribunal as to the provisions of Part 1 and Part 2 of theRules shall prevail over that of the JCAA in the arbitration proceedings before such arbitral tribunal.
Article 7 Communication
1 Any notice, submission or transmission under theRules (collectively, a “Communication”) shall bemade by courier, registered mail, e-mail, facsimile, or
any other reasonable means, unless otherwise provided in the Rules.
2 A Communication shall be sent to the street address,
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habitual residence, or place of business of the recipient (including the street address or habitual residence of the recipient’s representative, if the recipient is a legal entity or other association), the e-mailaddress usually used by the recipient (if the recipient has designated an email address, such e-mailaddress), facsimile number or any address designated by the recipient (collectively, an “Address forCommunication”).
Delivery of a Communication shall be effective uponreceipt.
If the intended recipient refuses to receive a
Communication, the Communication shall be deemed
to have been received on the fourth day after dispatch
or on the day of the refusal where such date is verified.
If a Party (other than the intended recipient) uses
reasonable efforts to ascertain an Address forCommunication but no Address for Communication
can be identified, a Communication may be sent to
the last-known Address for Communication. In thiscase, the Communication shall be deemed to havebeen received on the fourth day after dispatch.
If a Communication is deemed to have been received
under Article 7.5, any subsequent Communication
may be made in accordance with Article 7.5.
If any Party relocates or makes any change to
its Address for Communication, the Party shallpromptly designate and notify the new Address forCommunication to the JCAA, the arbitrators, and theother Parties.
Article 8 Administrative Body and Secretariat

1 The JCAA shall administer the arbitral proceedings
under the Rules.
2 The JCAA, at the request of the arbitral tribunal oreither Party, shall make arrangements for interpreting, making a stenographic transcript of hearings, orproviding a hearing room.
Article 9 List of Candidates for Arbitrators
The JCAA shall provide a list of candidates for arbitrators
to a Party, if so requested, for the sake of conveniencein the Party’s appointment of an arbitrator. The Parties
may appoint as an arbitrator a person who is not on the3list.
Article 10 Representation and Assistance
A Party may be represented or assisted by any person of
its choice in arbitral proceedings under the Rules.
Article 11 Language
1 Unless the Parties have agreed on the language(s)of the arbitral proceedings, the arbitral tribunal shallpromptly determine the language(s) of the arbitralproceedings. The arbitral tribunal, in so determining, shall take into account the language of the contract containing the arbitration agreement, whether
interpretation or translation will be required, the cost
thereof and any other relevant circumstances.
2 The arbitral tribunal may request a Party to attach to
any documentary evidence a translation into the language(s) of the arbitral proceedings.
3 Communications between the JCAA and the Parties or
between the JCAA and the arbitrators shall be made ineither English or Japanese.
Article 12 Period of Time
1 In calculating a period of time under the Rules, theinitial calendar day shall be excluded.
2 Holidays and non-business days occurring during therunning of the period of time are included. If the last
day of the period falls on a holiday or non-business
day at the place of the recipient, the period shall be
extended until the next following business day.
3 The Parties, by agreement in writing may change any
time limit under the Rules, except for the time limits under Articles 15.2, 18.1, 19.1, 20 and 76.7 andany time limits fixed or changed by the arbitral tribunal under Article 12.4 or by the JCAA under Article
12.5. In the event of such a change, the Parties shallpromptly notify the JCAA and the arbitral tribunal
thereof.
4 The arbitral tribunal, if it considers it necessary, maychange any time limit under the Rules (including atime limit fixed by the arbitral tribunal), except for thetime limits under Articles 61.4, 89.1, 89.2 and any
time limits fixed or changed by the JCAA under Article
12.5. In the event of such a change, the arbitral tri4

Interactive Arbitration Rules

bunal shall promptly notify the JCAA and the Parties
thereof.
5 The JCAA, if it considers it necessary, may fix orchange any time limit concerning the arbitral proceedings under the Rules.
Article 13 Exclusion of Liability
Neither the arbitrators, nor the JCAA (including its directors, officers, employees and other staff) shall be liable
for any act or omission in connection with the arbitralproceedings unless such act or omission is shown to constitute willful misconduct or gross negligence.

CHAPTER II Commencement of Arbitration
Article 14 Request for Arbitration
1 To request the initiation of arbitral proceedings, theclaimant shall submit in writing to the JCAA a request
for arbitration (the “Request for Arbitration”) setting forth the following:(1) a request that the dispute be referred to arbitration under the Rules;(2) a reference to the arbitration agreement that is
invoked (including any agreement on the number of arbitrators, the procedure for appointing
arbitrators, the place of arbitration, and the language(s) of the arbitral proceedings);(3) the Parties’ full names (if a Party is a legal entity or other association, the corporate name andthe name of the Party’s representative), street
addresses and other known contact details (i.e.
the designated street address including, if a Party
is a natural person, such Party’s place of employment, telephone number, facsimile number ande-mail address);(4) the full name, street address and other contact details (i.e. the designated street address,
telephone number, facsimile number and e-mailaddress) of claimant’s counsel, if the claimant isrepresented by counsel;(5) the relief and remedy sought;(6) a summary of the dispute; and(7) a statement of the factual and legal grounds for

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the claim(s), and the manner and method of
proof.
The Request for Arbitration may set forth the following:(1) the full name, street address and other contact details (i.e. the designated street address,
telephone number, facsimile number and e-mailaddress) of an arbitrator appointed by the claimant, if the Parties have agreed that the numberof arbitrators is three;(2) a statement about the number of arbitrators, theprocedure for appointing arbitrators, the place ofarbitration, or the language(s) of the arbitral proceedings; or(3) a statement about the governing law applicableto the substance of the dispute.
A copy of the arbitration agreement under Article 14.2
shall be attached to the Request for Arbitration.
A power of attorney shall be submitted with theRequest for Arbitration, if the claimant is represented
by counsel.
The claimant, when it submits a Request for
Arbitration, shall pay the administrative fee underPart 4 of the Rules. If the claimant fails to pay suchadministrative fee in full, the JCAA shall consider thatno request for arbitration has been made.
Arbitral proceedings shall be deemed to have commenced on the date on which the Request for
Arbitration has been received by the JCAA.
Article 15 Single Arbitration for Multiple Claims

1 The claimant may submit a single Request for
Arbitration containing multiple claims (the “Single
Arbitration for Multiple Claims”), if:(1) all Parties have agreed in writing that all suchclaims shall be resolved together in a single setof arbitral proceedings;(2) all claims arise under the same arbitration agreement; or(3) all claims arise between the same Parties, and(a) the same or a similar question of fact or
law arises from the claims;(b) the dispute is referred by the arbitrationagreement to arbitration under the Rules;
and(c) the arbitral proceedings are capable ofbeing conducted in a single set of proceed6Interactive Arbitration Rules

ings with regard to the place of arbitration,
the number of arbitrators, language(s) of
the arbitral proceedings, and other issues
governed by the arbitration agreement
under which the claims arise.
2 An objection to the Single Arbitration for Multiple
Claims shall be made in writing within four weeks
from the respondent’s receipt of the notice of theRequest for Arbitration. The arbitral tribunal shallmake a determination on such objection under Article
47.
Article 16 Notice of Request for Arbitration
1 The JCAA, on having confirmed that the Request for
Arbitration has been made in conformity with Articles
14.1 and 14.3 through 14.5, shall promptly notify
the respondent thereof. A copy of the Request for
Arbitration shall be attached to such notice.
2 The JCAA, after appointing or confirming each arbitrator, shall promptly transmit a copy of the Request for
Arbitration to each arbitrator.
Article 17 Constitution of Arbitral Tribunal andJurisdictional Objection
The JCAA may proceed to constitute the arbitral tribunal even if the respondent raises an objection about theexistence or validity of the Arbitration Agreement, or
about a Single Arbitration for Multiple Claims. The arbitral tribunal, after being duly constituted, shall make adetermination on any such objection under Article 46.1
or 47.1.
Article 18 Answer
1 The respondent, within four weeks from its receipt of
the notice of the Request for Arbitration, shall submit
in writing to the JCAA an answer (the “Answer”) setting forth the following:(1) the Parties’ full names (if a Party is a legal entity or other association, the corporate name andthe name of the Party’s representative), street
address and other contact details (i.e. the respondent’s designated street address, telephone number, facsimile number and e-mail address);(2) the full name, street address and other con7

tact details (i.e. the designated street address,
telephone number, facsimile number and e-mailaddress) of the respondent’s counsel, if the
respondent is represented by counsel;(3) a response to the relief and remedy sought;(4) a summary of the dispute; and(5) the admission or denial of the claimant’s statements, a statement of factual and legal grounds,
and the manner and method of proof.
2 The Answer may set forth the following:(1) the name, street address and other contact
details (i.e. the designated street address, telephone number, facsimile number and e-mailaddress) of an arbitrator appointed by the
respondent, if the Parties have agreed that the
number of arbitrators is three;(2) a statement about the number of arbitrators, theprocedure for appointing arbitrators, the place ofarbitration, or the language(s) of the arbitral proceedings; or(3) a statement about the governing law applicableto the substance of the dispute.
3 A power of attorney shall be submitted, if the respondent is represented by counsel.
4 The JCAA, on having received the Answer, shallpromptly transmit a copy thereof to the other Partyand each arbitrator.
Article 19 Counterclaim
1 The respondent, within four weeks from its receipt of
the notice of the Request for Arbitration, may submit
a counterclaim, if:(1) all Parties have agreed in writing that the counterclaim shall be resolved together with all claims
in a single arbitral proceeding;(2) the claim and the counterclaim arise under thesame arbitration agreement; or(3)(a)	the same or a similar question of fact or
law arises from the claim and the counterclaim;(b) the dispute is referred by the arbitrationagreement to arbitration under the Rules;
and(c) the arbitral proceedings are capable ofbeing conducted in a single proceedingwith regard to the place of arbitration, the8Interactive Arbitration Rules

number of arbitrators, language(s) of thearbitration, and other issues governed by
the arbitration agreement under which theclaims arise.
2 Articles 14, 15.2, 16, 18 and 23 shall apply mutatis
mutandis to the counterclaim.
Article 20 Set-off Defense
The respondent, within four weeks from its receipt of thenotice of the Request for Arbitration, may submit a setoff defense in writing.
Article 21 Amendment to Claim
1 The claimant (or the respondent having submitted a
counterclaim) may amend its claim by submitting arequest for amendment to the JCAA in writing, if:(1) all Parties have agreed in writing that the amended claim shall be resolved together with otherclaims or counterclaims in a single arbitration
proceeding;(2) the original claim and the amended claim arise
under the same arbitration agreement; or(3)(a)	the same or a similar question of fact or
law arises from the original claim and theamended claim;(b) the dispute is referred by the arbitrationagreement to arbitration under the Rules;
and(c) the arbitral proceedings are capable ofbeing conducted under a single set of proceedings with regard to the place of arbitration, the number of arbitrators, language(s) of the arbitration, and otherissues governed by the arbitration agreement under which the claims arise.
2 After the arbitral tribunal is constituted, the claimant (or the respondent having submitted a counterclaim) shall obtain approval of the arbitral tribunal toamend its claim. The arbitral tribunal shall give theother Party an opportunity to comment before granting approval of an amendment.
3 The arbitral tribunal may deny the amendment under
Article 21.2, if it considers it inappropriate in view of alikely substantial delay in conducting the arbitral proceedings, prejudicial to the other Party, or any other9

circumstances. The arbitral tribunal shall promptly
notify the Parties of its decision on approval or denial.
4 Articles 14, 15.2 and 16 shall apply mutatis mutandis
to the amended claim.
5 Article 18, 19 or 20 shall apply mutatis mutandis
to an Answer, a counterclaim, or set-off defense in
response to the amended claim.
Article 22 Number of Copies to be Submitted
1 The number of hard copies to be submitted under
Articles 14.1, 15.2, 18.1 (including, the application
mutatis mutandis under Articles 19.2, 21.5 and 57.6),
20 and 21.1 shall be the sum of the number of arbitrators (three if not yet determined), and the numberof other Parties, plus one. It shall be sufficient foreach Party represented by counsel to submit one original power of attorney to the JCAA.
2 Article 22.1 shall not apply to a submission by e-mail,facsimile or any other electronic communication method. A Party, if requested, shall submit the number of
hard copies that the JCAA or the arbitral tribunal designates.
Article 23 Withdrawal of Claim
1 Before the constitution of the arbitral tribunal, theclaimant may withdraw its claim(s) by submitting a notice to the JCAA in writing (the “Notice ofWithdrawal”) stating that the claimant withdraws theclaim(s). The JCAA shall notify the respondent of the
Notice of Withdrawal.
2 After the constitution of the arbitral tribunal, theclaimant may withdraw its claim(s) by submitting
a Notice of Withdrawal to the arbitral tribunal andobtaining its approval thereof.
3 Upon the request for approval by the claimant under
Article 23.2, the arbitral tribunal, after giving the
respondent an opportunity to comment, shall approve
the withdrawal unless the respondent promptly
objects thereto and the arbitral tribunal determinesthat the respondent has a legitimate interest in
resolving the dispute referred to the arbitral proceedings.
4 The arbitral tribunal shall make a decision to terminate the arbitral proceedings if the arbitral tribunal
approves the withdrawal of all the claims under Article
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23.3.

CHAPTER III Arbitrators and Arbitral
Tribunal
Article 24 Impartiality and Independence of
Arbitrators
1 A person who is not impartial and independent shalldecline to accept an appointment as an arbitrator. An
arbitrator shall be, and remain at all times, impartial
and independent during the arbitral proceedings.
2 When a person is approached in connection with hisor her possible appointment as an arbitrator, he or
she shall conduct a reasonable investigation into any
circumstances which may, in the eyes of the Parties,
give rise to justifiable doubts as to his or her impartiality or independence. If he or she finds such circumstances, he or she shall decline to accept theappointment or disclose in writing such circumstances
to enable the approaching person to decide whether
or not to withdraw its request for appointment.
3 When a person is appointed as an arbitrator, he or
she shall promptly submit in writing to the Parties andthe JCAA his or her undertaking to disclose any circumstances which may give rise to justifiable doubts
as to his or her impartiality or independence, or to
declare that there are no such circumstances (the“Declaration of Impartiality and Independence”).
4 During the course of the arbitral proceedings, an arbitrator shall have an ongoing duty to make reasonable
investigation into any circumstances which may, inthe eyes of the Parties, give rise to justifiable doubts
as to the arbitrator’s impartiality or independence. If
the arbitrator finds such circumstances, the arbitrator
shall promptly disclose to the Parties and the JCAA in
writing such circumstances, unless the arbitrator has
already disclosed such circumstances. An advancedeclaration in relation to such circumstances that may
possibly arise in the future does not discharge thearbitrator’s ongoing duty of disclosure.

11Article 25 Appointment and Confirmation of
Arbitrators
1 Arbitrator(s) shall be appointed pursuant to theagreement of the Parties.
2 If the Parties have not made any agreement provided
for in Article 25.1, the arbitrator(s) shall be appointed
under Articles 26 through 30.
3 The appointment of an arbitrator by a Party or byParties, or the appointment of the third arbitrator by
co-arbitrators shall be effective only after confirmationby the JCAA.
4 On appointment of an arbitrator by a Party, by Parties
or by the co-arbitrators, such Party, Parties, or co-arbitrators shall promptly submit in writing to the JCAA
for its confirmation under Article 25.3:(a) a notice of appointment of the arbitrator setting forth the appointed arbitrator’s name,street address, contact details (i.e., designatedaddress, telephone number, facsimile number
and e-mail address) and occupation;(b) a document setting forth the arbitrator’s acceptance of appointment; and(c) Declaration of Impartiality and Independence.
5 The JCAA shall promptly transmit a copy of the documents under Article 25.4. to the other Party (orParties) and the arbitrator(s).
6 The JCAA, after giving a Party or Parties and co-arbitrator(s) that have appointed the arbitrator an
opportunity to comment, may refuse to confirm theappointment of an arbitrator without giving reasons
if the JCAA finds that the appointment is clearly inappropriate.
7 Upon confirming the appointment of the arbitrator, the
JCAA shall promptly notify such confirmation to theParties and the arbitrator(s).
8 If the appointment of an arbitrator is not confirmed by
the JCAA, the Party, the Parties, or the arbitrators thatappointed the arbitrator shall appoint another arbitrator within the period fixed by the JCAA.
Article 26 Number of Arbitrators
1 The number of arbitrators is, in principal, one or
three.
2 If the Parties fail to notify the JCAA in writing of theiragreement on the number of arbitrators within four
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weeks from the respondent’s receipt of the notice of
the Request for Arbitration, such number shall be one.
3 Notwithstanding Article 26.2, either Party, within fourweeks from the respondent’s receipt of the notice of
the Request for Arbitration, may make a request to
the JCAA in writing that such number shall be three.
Such request shall be accepted, if the JCAA considers the request appropriate, taking into account theamount in dispute, the complexity of the case andother relevant circumstances.
4 The JCAA shall promptly notify the number of arbitrators to the Parties when it is fixed.
Article 27 Appointment of Arbitrator- Sole Arbitrator
1 If the Parties have agreed that there shall be only
one arbitrator, the Parties shall agree on and appointsuch arbitrator, and notify the JCAA of such appointment under Article 25.4 within two weeks from therespondent’s receipt of the notice of the Request for
Arbitration.
2 If it is determined that there shall be one arbitrator
under Article 26.2, the Parties shall agree on andappoint such arbitrator, and notify the JCAA of suchappointment under Article 25.4 within two weeks fromthe time limit under Article 26.2.
3 If the Parties fail to notify the JCAA of such appointment under Article 25.4 within the time limit under
Article 27.1 or 27.2, the JCAA shall appoint an arbitrator.
4 In the case where the JCAA appoints an arbitrator under Article 27.3 and a Party requests that thearbitrator be a person of a different nationality fromthat of any of the Parties, the JCAA shall respect such
request.
Article 28 Appointment of Arbitrators- Three Arbitrators
1 If the Parties have agreed that the number of arbitrators shall be three, each Party shall appoint one arbitrator and notify the JCAA of such appointment under
Article 25.4 within three weeks from the respondent’s
receipt of the notice of the Request for Arbitration.
2 If the JCAA determines that the number of arbitrators shall be three under Article 26.3, each Party shall
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appoint one arbitrator and notify the JCAA of suchappointment under Article 25.4 within three weeks
from the Party’s receipt of the notice of the determination by the JCAA under Article 26.3.
If either Party fails to notify the JCAA of such appointment under Article 25.4 within the time limit under
Article 28.1 or 28.2, the JCAA shall appoint such arbitrator.
The two arbitrators appointed under Articles 28.1
through 28.3 shall agree on and appoint the third
arbitrator, and notify the JCAA of such appointment
under Article 25.4 within three weeks from the two
arbitrators’ receipt of the notice that the JCAA has
confirmed or appointed the two arbitrators.
The party-appointed arbitrator may communicate exparte with the Party or the Parties who have appointed the arbitrator to discuss the appointment of thethird arbitrator only if all the Parties so agree in writing. Notwithstanding any such agreement of theParties, where any Party fails to appoint an arbitrator,
the other arbitrator appointed by a Party or Parties
shall not communicate ex parte with the Party or
Parties who appointed that arbitrator to discuss theappointment of the third arbitrator.
If the two arbitrators fail to notify the JCAA of suchappointment of the third arbitrator under Article 25.4
within the time limit under Article 28.4, the JCAA shallappoint such arbitrator.
If the JCAA appoints an arbitrator under Article 28.6,
Article 27.4 shall apply mutatis mutandis.
Article 29 Appointment of Arbitrators- Three Arbitrators in Multi-Party Arbitration

1 If there is more than one claimant or respondent andthe number of arbitrators shall be three, the arbitrators shall be appointed under this Article 29.
2 If the Parties have agreed that the number of arbitrators shall be three, the claimant(s) and the respondent(s) shall appoint one arbitrator each and notify
the JCAA of such appointment under Article 25.4 within three weeks from the receipt by the respondent(s)of the notice of the Request for Arbitration.
3 If the JCAA determines that the number of arbitrators
shall be three under Article 26.3, the claimant(s) andthe respondent(s) shall appoint one arbitrator eachand notify the JCAA of such appointment under Article
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4

5
6

7
8

25.4 within three weeks from the Parties’ receipt of
the notice of the determination by the JCAA under
Article 26.3.
The two arbitrators appointed by the claimant(s) andthe respondent(s) under Article 29.2 or 29.3 shallagree on and appoint the third arbitrator, and notify
the JCAA of such appointment under Article 25.4 within three weeks from the two arbitrators’ receipt of thenotice that the JCAA has confirmed the two arbitrators.
Article 28.5 shall apply mutatis mutandis where thetwo arbitrators appoint the third arbitrator under
Article 29.4.
If the two arbitrators fail to notify the JCAA of suchappointment of the third arbitrator under Article 25.4
within the time limit under Article 29.4, the JCAA shallappoint such arbitrator.
If the JCAA appoints an arbitrator under Article 29.6,
Article 27.4 shall apply mutatis mutandis.
If either or both of the claimant(s) or the respondent(s), fail to notify the JCAA of such appointment
under Article 25.4 within the time limit under Article
29.2 or 29.3, the JCAA shall appoint all three arbitrators. In such case, the JCAA may appoint the arbitrator already appointed by the claimant(s) or the
respondent(s) as one of the three arbitrators, if noParty raises an objection.

Article 30 Notice of Appointment of Arbitrator by
the JCAA
On appointment of an arbitrator by the JCAA, the JCAA
shall promptly transmit to the Parties and the arbitrator(s) the document under Article 25.4(a), together witha copy of the documents under Articles 25.4(b) and25.4(c).
Article 31 Arbitral Tribunal
1 Arbitration under the Rules shall be conducted by anarbitral tribunal composed of one arbitrator or threearbitrators appointed under Articles 25 through 30, 36
and 57.
2 The arbitral tribunal shall be constituted on the datewhen all the arbitrators have been confirmed or
appointed by the JCAA.
3 If the arbitral tribunal is composed of three arbitra15

tors, the third arbitrator shall be the presiding arbitrator. Unless otherwise agreed by the three arbitrators, the presiding arbitrator shall serve the following
tasks:(1) presiding over hearings and deliberations;(2) transmitting documents and communications onbehalf of the arbitral tribunal; and(3) preparing the first drafts of arbitral awards andother documents for the arbitral tribunal.
Article 32 Decision of Arbitral Tribunal
1 If there is more than one arbitrator, decisions of thearbitral tribunal, including the arbitral award, shall bemade by majority vote of the arbitrators.
2 If no decision is made by majority vote of the arbitrators, the presiding arbitrator shall make the decision.
3 Procedural matters in arbitral proceedings may be
decided by the presiding arbitrator alone, if the othermembers of the arbitral tribunal or all Parties soagree.
Article 33 Tribunal Secretary
1 No arbitrator shall delegate to a third person tasks
that substantially influence the arbitral tribunal’s decision including the arbitral award.
2 To the extent compatible with Article 33.1, the sole
arbitrator or the presiding arbitrator may appoint athird person to assist such arbitrator in his or her
mandate (the “Tribunal Secretary”). Before theappointment of the Tribunal Secretary, the sole orpresiding arbitrator shall obtain the Parties’ consent inwriting after providing the Parties with the information
regarding the proposed Tribunal Secretary and thetasks that are proposed to be performed.
3 Article 24 and Article 42.2 shall apply mutatis mutandis to the Tribunal Secretary.
4 The remuneration and expenses of the Tribunal
Secretary shall be borne by the sole arbitrator or presiding arbitrator who appoints the Tribunal Secretary.
Article 34 Challenge to Arbitrators
1 A Party may challenge an arbitrator if circumstances give rise to justifiable doubts as to the arbitrator’s
impartiality or independence.
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2 A Party may challenge an arbitrator it has appointed,
or whose appointment the Party has participated in by
way of recommendation or any similar acts, only forreasons which the Party becomes aware of after theappointment has been made.
3 A Party that intends to challenge an arbitrator shallsubmit in writing to the JCAA a request for challenge(the “Request for Challenge”) within two weeks
from the date of its receipt of the notice by the JCAA
confirming the appointment of the arbitrator (theNotice of Appointment of the arbitrator, if the arbitrator is appointed by the JCAA) or the date when it
became aware of any circumstance under Article 34.1,
whichever comes later.
4 On receipt of the Request for Challenge, the JCAA
shall promptly notify the other Party and the challenged arbitrator, supplying them with a copy thereof.
5 The JCAA shall make a decision on the challenge without giving reasons, after giving the other Party andthe challenged arbitrator an opportunity to comment.
Article 35 Removal of Arbitrators
The JCAA, at the written request of either Party or on
its own motion, may remove any arbitrator who fails toperform his or her duties or unduly delays in the performance of his or her duties, or is de jure or de facto
unable to perform his or her duties, after giving theParties and the challenged arbitrator an opportunity tocomment.
Article 36 Appointment of Substitute Arbitrator
1 If an arbitrator ceases to perform his or her duties
before the termination of the arbitral proceedings
because of resignation, challenge, removal or death,the JCAA shall promptly notify the Parties and theremaining arbitrators thereof.
2 If the arbitrator who has ceased to perform his or her
duties was appointed by a Party, by Parties or by theremaining arbitrators, such Party, Parties or arbitrators shall appoint a substitute arbitrator and notify
the JCAA of such appointment under Article 25.4 within three weeks from their receipt of the notice under
Article 36.1, unless otherwise agreed by the Parties.
If such Party, Parties or remaining arbitrators fail to doso, the JCAA shall appoint a substitute arbitrator.
17

3 If the arbitrator who ceases to perform his or her
duties was appointed by the JCAA under Article 36.1,
the JCAA shall appoint a substitute arbitrator, unlessotherwise agreed by the Parties.
Article 37 Vacancy after Closing of Arbitral
Proceedings
Notwithstanding Article 36, where an arbitrator ceases toperform his or her duties after the closing of the arbitralproceedings but before an arbitral award is rendered,
the arbitral tribunal may render an arbitral award without a substitute arbitrator being appointed, if the JCAA,
after giving the remaining arbitrators and the Parties anopportunity to comment, considers it appropriate.
Article 38 Repetition of Arbitral Proceedings by
Substitute Arbitrator
If a substitute arbitrator is appointed under Article 36,
the arbitral tribunal, after giving the Parties an opportunity to comment, shall decide whether or to what extent
arbitral proceedings already conducted should be repeated.

CHAPTER IV Arbitral Proceedings
Section 1. Conduct of Arbitral Proceedings
Article 39 Place of Arbitration
1 Unless otherwise agreed by the Parties, the place ofarbitration shall be the city of the office of the JCAA
to which the claimant submitted the Request for
Arbitration under Article 14.1.
2 The arbitral tribunal may conduct the arbitral proceedings at any place it considers appropriate, unless otherwise agreed by the Parties.
Article 40 Conduct of Arbitral Proceedings
1 The arbitral tribunal shall direct and control the arbitral proceedings, including hearings.
2 The arbitral tribunal shall treat the Parties equally.
The arbitral tribunal shall give each Party a sufficient
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opportunity to state and prove its case and to present
a defense against the other Party’s case.
3 The arbitral tribunal shall use reasonable efforts toresolve the dispute expeditiously.
4 A Party shall transmit any material submitted inwriting in the arbitral proceedings to the arbitrator(s), the other Party and the JCAA; and the arbitral tribunal shall transmit to the JCAA a copy of any
Communications in writing to the Parties.
Article 41 Rejection of Party’s Untimely
Submission of Statement or Evidence
The arbitral tribunal may reject and disregard a Party’s
submission of statement or evidence if it is made in an
untimely manner.
Article 42 Confidentiality
1 Arbitral proceedings shall be held in private, and allrecords thereof shall be closed to the public.
2 The arbitrators, the Parties, their counsel and assistants, the JCAA’s officers and other staff, and otherpersons involved in the arbitral proceedings shall notdisclose facts related to or learned through the arbitral proceedings and shall not express any views as tosuch facts, except where disclosure is required by law
or in court proceedings, or based on any other justifiable grounds.
Article 43 Time Limit of Arbitral Award andProcedural Schedule
1 The arbitral tribunal shall use reasonable efforts torender an arbitral award within seven and a halfmonths from the date when it is constituted.
2 To implement Article 43.1, the arbitral tribunal shallconsult with the Parties, and make a schedule of
the arbitral proceedings in writing (the “Procedural
Schedule”) to the extent necessary and feasible as
early as practicable. The consultation shall be conducted through video conferences, exchanges of documents or any other appropriate methods determinedby the arbitral tribunal. The arbitral tribunal shallsend the Procedural Schedule to the Parties and the
JCAA.
3 The arbitral tribunal may amend the Procedural
19

Schedule under Article 43.2 during the course of thearbitral proceedings after giving the Parties an opportunity to comment.
Article 44 Submission of Written Statements andEvidence
1 Within the time limits under the Rules or the time limits fixed by the arbitral tribunal, each Party shall submit to the arbitral tribunal one or more written statements setting forth such Party’s case on the facts andlaw (the “Written Statements”) and evidence.
2 The arbitral tribunal shall acknowledge receipt of theWritten Statements and evidence submitted by a Party.
Article 45 Default of a Party
1 If one Party fails to submit the Written Statements
including the Answer within the time limits under theRules or the time limits fixed by the arbitral tribunal,
the arbitral tribunal shall continue the arbitral proceedings without treating such failure in itself as anadmission of the other Party’s statements.
2 If one Party, without sufficient cause, fails to appear
at a hearing or to produce evidence, the arbitral tribunal may continue the arbitral proceedings and makethe arbitral award based on the evidence before it.
Article 46 Competence of Arbitral Tribunal to
Determine Jurisdiction
1 The arbitral tribunal may make a determination on
any objection as to the existence or validity of anarbitration agreement and any other matters regarding its own jurisdiction.
2 The arbitral tribunal shall make a decision to terminate the arbitral proceedings if it finds that it has no
jurisdiction.
Article 47 Decision on Separate Proceedings
1 The arbitral tribunal may make a determination on
any objection as to a Single Arbitration for Multiple
Claims.
2 If the arbitral tribunal finds that the requirements
under Article 15.1 are not satisfied, the arbitral tribunal shall make a decision to separate the arbi20

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tral proceedings (the “Decision on Separate
Proceedings”) and notify the Parties thereof. The
arbitral tribunal shall not make a Decision on Separate
Proceedings if the respondent has not raised an objection within the time limit under Article 15.2.
3 Upon the Decision on Separate Proceedings, the mandate of the arbitral tribunal shall be terminated, andthe arbitral proceedings shall be conducted separately
as to each separated claim(s). The mandate of thearbitral tribunal, however, shall not be terminated asto:(a) any claim(s) against which the respondent thathas raised no objection within the time limit
under Article 15.2; or(b) any claim(s) for which the respondent hasrequested continuation of the mandate of thearbitral tribunal within one week from therespondent’s receipt of the notice of the Decision
on Separate Proceedings.
4 If the arbitral proceedings are to be conducted separately under Article 42.3, calculation of periods of time
based on the respondent’s receipt of the notice of theRequest for Arbitration shall be determined based on
the respondent’s receipt of the notice of the Decision
on Separate Proceedings.
5. Articles 67.2, 67.4, 67.5, 67.6 and 69 through71 shall apply mutatis mutandis to the Decision on
Separate Proceedings.
6. Articles 48.1 through 48.5 shall apply mutatis mutandis, if:(a) the counterclaim does not satisfy the requirements under Article 19.1;(b)(i)	the amendment of the claim does not satisfy the requirements under Article 21.1, or(ii) the application for approval of an amendment is denied under Article 21.3; or(c)(i)	the joinder does not satisfy the requirements under Article 57.1, or(ii) the joinder is denied under Article 57.5.
7. Notwithstanding Article 42.6, the mandate of the arbitral tribunal shall not be terminated as to:(1) any claim(s) pending before the counterclaim or
the amendment of the claim was filed; or(2) any claim(s) pending before the joinder that wasapplied for after the constitution of the arbitral
tribunal.

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Article 48 Arbitral Tribunal’s Active Role in
Clarifying Parties’ Positions and Ascertaining
Issues1 At a stage as early as possible in the arbitral proceedings, the arbitral tribunal shall draft a document containing a summary of each Party’s positions on factual and legal grounds of the claim and the defense(“Positions”) and the factual and legal issues thatthe arbitral tribunal tentatively ascertains arising fromthe Positions (“Issues”). The arbitral tribunal shallpresent such document to the Parties, and give theParties an opportunity to comment on the Positions
and the Issues within a time limit fixed by the arbitral
tribunal.
2 Within the time limit fixed by the arbitral tribunal
under Article 48.1, the Parties shall provide their comments in writing on the Positions and the Issues specifying which parts of the Positions and the Issues theyagree or disagree with.
3 The arbitral tribunal may revise the Positions and theIssues taking into account the comments provided by
the Parties under Article 48.2.
4 The arbitral tribunal may use the revised Positions
under Article 48.3 as the Parties’ positions set forth in
the arbitral award.
5 Notwithstanding Article 48.4, during the further
course of the arbitral proceedings, if a Party finds
further amendments to be required, the Party may
request in writing that the Positions be amended. Unless the arbitral tribunal rejects the request
because of delay, the arbitral tribunal may use such
amended Positions as the Party’s position set forth in
the arbitral award.
Article 49 Interim Decision
The arbitral tribunal, if it considers it appropriate, may
make an interim decision on a dispute arising during thecourse of the arbitral proceedings. Articles 67.2 and 68
shall apply mutatis mutandis to such decision. The arbitral tribunal may omit the statement of reasons.
Article 50 Decision on Hearings
1 The arbitral tribunal shall decide whether to proceedwith holding hearings or whether to proceed based
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only on documents and other materials; provided thatthe arbitral tribunal shall hold such hearings, if sorequested by a Party at an appropriate stage of thearbitral proceedings.
2 Notwithstanding Article 50.1, whether or not witness
examination should be conducted shall be subject to
Articles 56.3 and 56.4.
3 Where the hearings are to be held, the arbitral tribunal should select appropriate means for holding ahearing, including by video conference or other methods.
Article 51 Scheduled Date and Place of Hearings
1 The arbitral tribunal, after giving the Parties an opportunity to comment, shall fix the scheduled date andplace of hearings. If a hearing lasts more than one
day, the arbitral tribunal shall hold the hearing onconsecutive days, to the extent feasible.
2 If the arbitral tribunal has fixed the scheduled dateand place of a hearing, it shall promptly notify theParties of the scheduled date and place of the hearing.
3 The arbitral tribunal shall change the scheduled dateof a hearing at the joint request of the Parties. The
arbitral tribunal may change the scheduled date at therequest of one Party, if it finds a compelling reason to
do so.
4 Any request under Article 51.3 shall be made in writing, unless made at a hearing or during an oral consultation under Article 43.2.
Article 52 Appearance by Parties at Hearings
1 The arbitral tribunal, in principle, shall hold hearingsin the presence of all the Parties.
2 The arbitral tribunal may hold a hearing even if any or
all of the Parties fail to appear.
Article 53 Waiver of Right to Object
A Party who knows that any of the Rules has not been
complied with but fails to promptly object to suchnon-compliance, shall be deemed to have waived its
right to object.

23Article 54 Evidence
1 Each Party shall have the burden of proving the facts
relied on to support its claims or defenses.
2 The arbitral tribunal, on its own motion, may examine
evidence not presented by any Party, when the arbitral tribunal considers it necessary.
3 The arbitral tribunal may examine evidence outside
the hearings. The arbitral tribunal, however, shallgive the Parties an opportunity to submit statements
in writing or orally regarding such evidence.
4 The arbitral tribunal, at the written request of a Partyor on its own motion, may order any Party to produce
documents in its possession that the arbitral tribunal
considers necessary to examine after giving the Partyin possession an opportunity to comment, unless thearbitral tribunal finds reasonable grounds for the Partyin possession to refuse the production.
Article 55 Expert Appointed by Arbitral Tribunal
1 The arbitral tribunal, after giving the Parties an opportunity to comment, may appoint one or more experts
to advise it with respect to any matters to be determined and to report, in writing or orally, the findingsof such expert(s) to the arbitral tribunal.
2 If a Party so requests, the arbitral tribunal, after
delivery of the report under Article 55.1, shall give
the Parties an opportunity to put questions to theexpert(s) in a hearing. The arbitral tribunal, if it considers it necessary, may give the Parties an opportunity to submit their own expert reports.
Article 56 Expressing Arbitral Tribunal’s
Preliminary Views
1 In order to assist the Parties to present their cases
effectively and efficiently, prior to the time of thearbitral tribunal’s decision as to whether or not witness examination will be conducted, the arbitral tribunal shall prepare and give a written summary to theParties on the following items:(1) the factual issues that the arbitral tribunal considers important and the arbitral tribunal’s preliminary views with respect thereto;(2) the legal issues that the arbitral tribunal considers important and the arbitral tribunal’s prelimi24

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2

3

4
5

6

nary views with respect thereto; and(3) any other matters that the arbitral tribunal considers important.
The arbitral tribunal shall give the Parties an opportunity to comment on the items under Articles 56.1(1)through (3) within a time limit fixed by the arbitral
tribunal.
The Parties, within the time limit fixed by the arbitral
tribunal under Article 56.2, may comment in writingon the items under Articles 56.1(1) through (3) and,on whether or not witness examination should be conducted.
Taking into account the Parties’ comments under
Article 56.3, the arbitral tribunal shall decide whether
or not to witness examination will be conducted.
The preliminary views expressed by the arbitral tribunal under Article 56.1 shall not be binding upon thearbitral tribunal’s subsequent decisions or the arbitralaward.
The Parties shall not challenge any arbitrator basedon the fact that he or she has expressed preliminary
views under Article 56.1.
Article 57 Third Party Joinder

1 A third party may join in the arbitral proceedings as aclaimant or a Party may request a third party to joinin the arbitral proceedings as a respondent, if:(1) all Parties and the third party have agreed inwriting to the joinder; or(2) all claims are made under the same arbitrationagreement; provided, however, that the third
party’s consent in writing to such joinder is necessary when the third party is requested to join
as respondent after the constitution of the arbitral tribunal.
2 If the third party joins the arbitral proceedings before
the arbitral tribunal is constituted, the arbitrators shallbe appointed under Articles 25 through 27, 29 and 30.
If any arbitrators have been appointed under theseRules before the third party joinder, the appointmentof such arbitrators shall be no longer effective.
3 Where the arbitrators are appointed under Article
56.2, calculation of periods of time under Articles 26,
27.1 and 29.2 shall be determined based on the datethat the respondent against whom the claim is madein the application for joinder receives the notice of the25

application for joinder.
4 If the third party joins in the arbitral proceedings after
the arbitral tribunal is constituted, the arbitral tribunal
shall remain the same.
5 Even when the requirement under Article 57.1 is satisfied, the arbitral tribunal may deny joinder if it findsthat such joinder will delay the arbitral proceedings or
it finds any other reasonable grounds.
6 Articles 14, 15.2 and 16.1 shall apply mutatis mutandis to an application for joinder; provided that “therespondent” under Articles 15.2, 16.1 and 47.3 shallbe read as “the Party other than the Party that has
submitted an application for joinder, and the third
party who has been requested to join as respondent.”
7 Article 18, 19 or 20 shall apply mutatis mutandis toan answer, counterclaim or setoff defense to the claim
made in the application for joinder.
Article 58 Consolidation
The arbitral tribunal may, at the written request of a
Party and when it finds it necessary, consolidate andhear the pending claim(s) with the other claim(s) (as towhich no arbitral tribunal has been constituted), if:(1) all Parties (including the parties to the otherclaim(s) to be consolidated) have agreed in writing;(2) the pending claim(s) and the claim(s) to be consolidated arise under the same arbitration agreement; provided, however, that the written consent to such consolidation by the party to theother claim(s) is necessary when the party has
not been a Party to the pending claim(s); or(3) both the pending claim(s) and the other claim(s)to be consolidated arise between the same
Parties, and(a) the same or a similar question of fact or
law arises from the claims;(b) the dispute is referred by the arbitrationagreement to arbitration under the Rules;
and(c) the arbitral proceedings are capable ofbeing conducted in a single proceedingwith regard to the place of arbitration, thenumber of arbitrators, language(s) of thearbitration, and other issues governed by
the arbitration agreements under which
the claims arise.
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Article 59 Mediation
1 The Parties, at any time during the course of the arbitral proceedings, may agree in writing to refer the dispute to mediation proceedings under the Commercial
Mediation Rules of the JCAA (the “CMR”). No arbitrator assigned to the dispute shall be appointed as
mediator, except if appointed under Article 60.1.
2 If the Parties enter into an agreement under Article
59.1, the arbitral tribunal, at the request of either
Party, shall stay the arbitral proceedings.
3 All offers, admissions, or other statements by theParties, or recommendations by the mediator, madeduring the course of the mediation proceedings shallbe inadmissible as evidence in the arbitral proceedings unless otherwise agreed by the Parties.
4 If the mediation proceedings are terminated under
Article 28.1(1) through 28.1(7) of the CMR, thearbitral tribunal, at the request of either Party, shallresume the arbitral proceedings.
Article 60 Special Rules for the CMR if an
Arbitrator serves as Mediator
1 Notwithstanding Article 59.1, the Parties may agree in
writing to appoint an arbitrator assigned to the same
dispute as a mediator, and refer the dispute to mediation proceedings under the CMR. If the Parties do so,
the Parties shall not challenge the arbitrator based on
the fact that the arbitrator is serving or has served asa mediator.
2 Notwithstanding Article 22.1 of the CMR, an arbitrator who serves as mediator in regard to the same
dispute shall not consult separately with any of theParties orally or in writing, without the agreement of
the Parties in writing. The arbitrator shall disclose to
all other Parties, in each instance, the fact that suchconsultation has taken place, excluding the contents
thereof.
3 The Parties shall submit to the JCAA a copy of theagreement under Article 60.1, when they refer the
dispute to mediation proceedings under Article 60.1.
4 The mediator’s remuneration under Article 60, therequest fee and the administrative fee for the mediation proceedings shall be calculated as follows:(1) the request fee and the administrative fee forthe mediation proceedings are not required to be27

paid; and(2) Articles 81 and 82 and the provisions of Part 3 of
the Rules shall apply to the arbitrator’s remuneration and expenses incurred with respect to conducting the mediation proceedings.
5 The CMR, except Articles 12 through 14, 16 and 17,
shall apply to the mediation under Article 60.
Article 61 Closing and Reopening of Arbitral
Proceedings
1 The arbitral tribunal shall close the arbitral proceedings upon determining that the Parties have been
given sufficient opportunity to state and prove theirrespective claims and present defenses thereto andthat the arbitral tribunal is able to render an arbitralaward.
2 The arbitral tribunal may close the arbitral proceedings as to certain claims, upon determining that therequirements under Article 61.1 as to such claims
have been satisfied.
3 Before closing the arbitral proceedings under Article
61.1 or 61.2, the arbitral tribunal shall provide theParties with appropriate advance notice thereof.
4 The arbitral tribunal, if it considers it necessary, mayreopen the arbitral proceedings. The arbitral tribunal
shall not, in principle, reopen the arbitral proceedings
after the lapse of three weeks from the date of closing.
Article 62 Termination of Arbitral Proceedings
1 The arbitral proceedings shall terminate upon the rendering of an arbitral award, upon the Parties’ withdrawal of all the claims before the constitution of thearbitral tribunal, or upon a decision to terminate thearbitral proceedings.
2 The arbitral tribunal shall make a decision to terminate the arbitral proceedings, if:(1) the arbitral tribunal approves the withdrawal of
all the claims under Article 23.3;(2) the arbitral tribunal finds that it has no jurisdiction under Article 46.2; or(3) the arbitral tribunal finds that the continuation of
the arbitral proceedings has become unnecessaryor impossible.
3 The mandate of the arbitral tribunal terminates upon
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termination of the arbitral proceedings, subject to
Articles 69 through 71.
4 Articles 67.2, 67.4, 67.5, 67.6 and 68 shall apply
mutatis mutandis to the decision to terminate thearbitral proceedings.
Section 2. Arbitral Award
Article 63 Final Award, Partial Award andAward by Consent
1 The arbitral tribunal shall render an arbitral award on
all claims presented in the arbitral proceedings.
2 Notwithstanding Article 63.1, if the arbitral tribunal has closed the arbitral proceedings as to certain
claims under Article 61.2, it may render a partial
award on such claims.
3 If the Parties agree on a settlement of the disputeduring the course of the arbitral proceedings, the arbitral tribunal, upon the request of the Parties, may
record the settlement in the form of an arbitral award
on agreed terms.
Article 64 Prohibition of Disclosing
Dissenting Opinion
Where the arbitral tribunal is composed of three arbitrators, the arbitral tribunal shall state in the arbitral award
only its decision under Articles 32.1 and 32.2. No arbitrator shall disclose its dissenting or individual opinion inany manner.
Article 65 Effect of Arbitral AwardAn arbitral award shall be final and binding on theParties.
Article 66 Rules Applicable to Substance of
Dispute
1 The arbitral tribunal shall decide the dispute in accordance with such rules of law agreed by the Parties tobe applicable to the substance of the dispute.
2 Failing such agreement by the Parties under Article
66.1, the arbitral tribunal shall apply the substantive law of the country or state to which the dispute29referred to the arbitral proceedings is most closely
connected.
3 Notwithstanding Articles 66.1 and 66.2, the arbitral tribunal shall decide ex aequo et bono only if all
Parties have expressly requested it to do so.
Article 67 Arbitral Award- Number of Copies and Format
1 The arbitral tribunal shall make a number of hard copies of the arbitral award sufficient to provide one hard
copy for each of the Parties and one hard copy for the
JCAA.
2 The arbitral award shall state the following:(1) the full names and street addresses of the Parties(if a Party is a legal entity or other association,
the corporate name, street address and thename of the Party’s representative);(2) the name and street address of counsel, if a
Party is represented;(3) the determination on the relief and remedy
sought;(4) the procedural history;(5) the reasons upon which the arbitral award isbased;(6) the date of the arbitral award; and(7) the place of arbitration.
3 If the Parties have agreed that no reasons are to begiven, or if the arbitral tribunal records a settlement in
the form of an arbitral award on agreed terms under
Article 63.3, the reasons shall be omitted. The arbitral tribunal, however, shall state the reason for suchomission in the arbitral award.
4 The arbitral tribunal shall determine in the arbitralaward the total amount of costs and the allocation
thereof under Article 81.1. The arbitral tribunal, however, is not required to do so in a partial award.
5 If one Party has to repay an amount to the otherParty based on the allocation under Article 67.4, thearbitral tribunal shall order that that Party shall repay
such amount to the other Party in the arbitral award.
6 The arbitrator(s) shall sign the arbitral award. If
there is more than one arbitrator and an arbitrator
fails to sign the arbitral award, the signatures of the
majority of the arbitral tribunal shall suffice. The reason for such failure to sign shall be stated in the arbitral award.
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Article 68 Notice of Arbitral Award
1 The JCAA shall send the arbitral award to each Party
after the Parties have fully paid to the JCAA theamount due, consisting of the arbitrator(s)’ remuneration and expenses, and other reasonable expenses
incurred with respect to the arbitral proceedings as
required to be paid to the JCAA.
2 The JCAA shall keep one original of the arbitral award.
Article 69 Correction of Arbitral Award
1 The arbitral tribunal, upon the written request of a
Party, or on its own motion, may correct any computational, clerical, or any other errors or omissions of asimilar nature.
2 A Party, within four weeks from its receipt of the arbitral award, may request the arbitral tribunal to makea correction of the arbitral award.
Article 70 Interpretation of Arbitral Award
A Party, within four weeks from its receipt of the arbitral award, may request in writing the arbitral tribunal
to give an interpretation of a specific point or part of thearbitral award.
Article 71 Additional Arbitral Award
A Party, within four weeks from its receipt of the arbitral award, may request in writing the arbitral tribunal to
make an additional arbitral award as to claims presented
in the arbitral proceedings but omitted from the arbitralaward.

CHAPTER V Interim Measures by Arbitral
Tribunal or by Emergency Arbitrator
Section 1. Interim Measures by Arbitral Tribunal
Article 72 Interim Measures
1 A Party may apply in writing to the arbitral tribunal forthe grant of interim measures against the other Party(“Interim Measures”). Interim Measures are, for
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2

3

4
5
6

example, orders to:(1) maintain or restore the status quo;
(2) take action that would prevent, or refrain fromtaking action that is likely to cause, current or
imminent harm or prejudice to the arbitral proceedings themselves;(3) provide a means of preserving assets out of
which a subsequent arbitral award may be satisfied; or(4) preserve evidence that may be relevant andmaterial to the resolution of the dispute.
The Party requesting Interim Measures under Article
72.1(1), (2) and (3) shall satisfy the arbitral tribunal
that:(1) harm not adequately reparable by an arbitralaward of damages is likely to result if the measure is not ordered, and such harm substantiallyoutweighs the harm that is likely to result to theParty against whom the measure is directed if
the measure is granted; and(2) there is a reasonable possibility that the requesting Party will succeed on the merits of the claim.
The arbitral tribunal may order Interim Measures
under Article 72.2(4) to the extent it considers appropriate after taking into account the standards under
Article 72.2.
The arbitral tribunal, before granting Interim
Measures, shall give each Party a reasonable opportunity to comment.
Articles 67.2, 68, and 69 shall apply mutatis mutandis
to the Interim Measures.
The Parties shall be bound by, and carry out, theInterim Measures ordered by the arbitral tribunal.
Article 73 Provision of Security

The arbitral tribunal may require the Party requesting
Interim Measures to provide appropriate security in connection with the Interim Measures.
Article 74 Disclosure
A Party shall disclose to the arbitral tribunal any material change in the circumstances on which the applicationor the arbitral tribunal’s determination on the Interim
Measures is based.

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Article 75 Modification, Suspension, Termination
The arbitral tribunal, on the written application of either
Party, or on its own motion in exceptional circumstances, may modify, suspend or terminate Interim Measures
after giving the Parties an opportunity to comment.
Article 71.5 shall apply mutatis mutandis to such modification, suspension or termination.
Section 2. Interim Measures by Emergency Arbitrator
Article 76 Application for Emergency Measures
1 Before the arbitral tribunal is constituted, or when
any arbitrator has ceased to perform his or her duties,
a Party may apply in writing to the JCAA for Interim
Measures by an emergency arbitrator (“Emergency
Measures”).
2 The application for Emergency Measures shall set
forth the following:(1) a statement that the Party is applying for
Emergency Measures, and the measures sought;(2) a reference to the arbitration agreement that is
invoked;(3) the Parties’ full names (if a Party is a legal entity or other association, the corporate name andthe name of the Party’s representative), street
addresses and other known contact details (i.e.
the designated street address including, if a Party
is a natural person, such Party’s place of employment, telephone number, facsimile number ande-mail address);(4) the full name, street address and other contact details (i.e. the designated street address,
telephone number, facsimile number and e-mailaddress) of the applicant’s counsel if the applicant is represented by counsel;(5) a summary of the dispute; and(6) a statement of facts supporting the necessity ofgranting the Emergency Measures.
3 A copy of the arbitration agreement under Article
76.2(2) shall be attached to the application for
Emergency Measures.
4 A power of attorney shall be attached to the application for Emergency Measures, if the applicant is represented by counsel.

33

5 The applicant, when it submits an application for
Emergency Measures, shall pay the emergency arbitrator’s remuneration under Article 102.2, and theadministrative fee and the deposit under Article
108.2. If the applicant fails to pay such amounts infull, the JCAA shall consider that no application for
Emergency Measures has been made.
6 Articles 16 and 22 shall apply mutatis mutandis to theapplication for Emergency Measures.
7 If the JCAA has received no Request for Arbitration
before or at the time of receiving the application for
Emergency Measures, the applicant shall submit theRequest for Arbitration within ten days from the dateof the application.
Article 77 Appointment of Emergency Arbitrator
1 The JCAA shall appoint a sole emergency arbitrator.
2 An emergency arbitrator who is not impartial andindependent shall decline to accept an appointment,
and an emergency arbitrator shall remain at all times
impartial and independent.
3 When the JCAA approaches a person in connection
with his or her possible appointment as an emergency arbitrator, he or she shall conduct a reasonable
investigation into any circumstances which may, in theeyes of the Parties, give rise to justifiable doubts as tohis or her impartiality or independence. If he or she
discovers such circumstances, he or she shall decline
to accept an appointment or disclose in writing suchcircumstances to the JCAA.
4 The JCAA shall use reasonable efforts to appoint an
emergency arbitrator within two business days fromits receipt of the application for Emergency Measures,
if:(a) it confirms that the application for Emergency
Measures has been made in conformity with
Articles 76.1 through 76.6; and(b) it considers it appropriate to appoint an emergency arbitrator.
5 On appointment of an emergency arbitrator by the
JCAA, Article 30 shall apply mutatis mutandis.
6 A Party may challenge the emergency arbitrator under
Article 34. The Party shall submit the Request for
Challenge to the JCAA within two days from the dateof its receipt of the Notice of Appointment or from thedate when the Party became aware of any circum34

Interactive Arbitration Rules

stances that give rise to justifiable doubts as to his
or her impartiality or independence, whichever comes
later.
7 On or after the termination of the mandate of theemergency arbitrator, no Party may challenge theemergency arbitrator, and the pending challenge procedure shall be terminated.
Article 78 Mandate of Emergency Arbitrator
1 The emergency arbitrator may order, modify, suspendor terminate Emergency Measures in accordance with
Articles 72 through 75.
2 The emergency arbitrator shall make a proceduralschedule for Emergency Measures immediately after
his or her appointment.
3 The emergency arbitrator, if he or she considers ahearing necessary in order to make a determinationon the Emergency Measures, may hold such hearing
for one day only.
4 The emergency arbitrator shall make reasonable
efforts to decide on the Emergency Measures within
two weeks from his or her appointment.
5 The Parties shall be bound by, and carry out, theEmergency Measures ordered by the emergency arbitrator. The Emergency Measures shall be deemed to
be Interim Measures granted by the arbitral tribunal when it is constituted or when a substitute arbitrator is confirmed or appointed by the JCAA. The
Emergency Measures shall remain in effect until thearbitral tribunal modifies, suspends or terminates such
Emergency Measures under Article 79.2.
6 The Emergency Measures shall no longer be effective,if:(1) the arbitral tribunal is not constituted or a substitute arbitrator is not confirmed or appointed by
the JCAA within three months from the grant of
the Emergency Measures;(2) the arbitral proceedings are terminated under
Article 62.1; or(3) the JCAA receives no request for arbitration within ten days from the date of the application,
where the JCAA has not received such request at
the time of or before receiving the application for
Emergency Measures.
7 The mandate of the emergency arbitrator shall be terminated:35

(1) in the case that the JCAA receives no request
for arbitration within ten days from the date of
the application, where the JCAA has not received
such request at the time of or before receiving
the application for Emergency Measures(2) on the constitution of the Arbitral Tribunal; or(3) on the confirmation or appointment of the substitute arbitrator by the JCAA.
The JCAA may extend the mandate, if it considers it
necessary.
8 The emergency arbitrator shall not be appointed as
an arbitrator for the same dispute, unless otherwise
agreed in writing by the Parties.
Article 79 Approval, Modification, Suspension andTermination by Arbitral Tribunal
1 No determination on Emergency Measures shall bebinding on the arbitral tribunal.
2 The arbitral tribunal may approve, modify, suspendor terminate the Emergency Measures in whole or in
part.
Article 80 Application Mutatis Mutandis
The other Chapters of the Rules shall apply mutatis mutandis to the emergency arbitrator and theEmergency Measures unless they are contrary to thenature thereof.

CHAPTER VI Costs
Article 81 Allocation of Costs
1 The costs of the arbitration include the administrativefee, the arbitrator(s)’ remuneration and expenses,
and other reasonable expenses incurred with respect
to the arbitral proceedings; and the fees and expenses of the counsels and other experts incurred by theParties to the extent the arbitral tribunal determinesthat they are reasonable.
2 The arbitral tribunal may apportion the costs under
Article 81.1 between the Parties, taking into accountthe Parties’ conduct throughout the course of thearbitral proceedings, the determination on the mer-

36

Interactive Arbitration Rules

its of the dispute, and any relevant circumstances.
If before the constitution of the arbitral tribunal, theclaimant withdraws all its claim, the JCAA may apportion such costs (excluding, however, the fees andexpenses of the counsels and other experts incurredby the Parties).
3 The arbitrators’ remuneration and expenses shall be
fixed pursuant to the provisions of Part 3 of the Rules,
and the administrative fee shall be fixed pursuant to
the provisions of Part 4 of the Rules.
Article 82 Joint and Several Liability to the JCAAAll Parties to the arbitration shall be jointly and severally
liable for payments that have to be made to the JCAA in
respect of the arbitrator(s)’ remuneration and expenses,
and other reasonable expenses incurred with respect tothe arbitral proceedings and that are required to be paid
to the JCAA.
Article 83 Payment, Deposit and Accounting
1 The Parties shall pay to the JCAA a sum of money inan amount, in the manner and within the time limit
fixed by the JCAA, so as to cover the arbitrator(s)’remuneration and expenses, and other reasonable
expenses incurred with respect to the arbitral proceedings.
2 If a Party fails to make payment under Article 83.1,
the arbitral tribunal, upon the JCAA’s request, shallsuspend or terminate the arbitral proceedings unlessthe other Party pays such unpaid amount instead.
3 If the total sum of money already paid by the Parties
to the JCAA exceeds the total sum of the money thatis required to be paid as determined by the arbitral
tribunal under Article 67.4, the JCAA shall refund thedifference to either or both of the Parties on termination of the arbitral proceedings.

PART 2 EXPEDITED ARBITRATIONPROCEDURES
Article 84 Relationships between Part 1 and Part 2
1 Part 2 provides particular rules orientated to ensuring37

proceedings are conducted in an expeditious manner.
2 To the extent that there is conflict between Part 2 andPart 1, Part 2 shall prevail. However, arbitral proceedings falling within the scope of Part 2 shall also be
governed by both Part 2 and, to the extent that Part 2
does not make provision for the item in question, Part
1.
Article 85 Scope of Application
1 The provisions of Part 2 shall apply where:(a) the amount in dispute (the total amount of theclaim, counterclaim and set-off defense; theamount of claims for interest and cost shall be
excluded; same below) is JPY300,000,000 or less(in the case of a foreign currency, the applicableamount shall be converted into Japanese yen at
the TTM rate or any other reasonable exchange
rate designated by JCAA as of the business day
immediately preceding the date of filing of theRequest for Arbitration; the same applies hereunder); or(b) a Party notifies the JCAA in writing of the agreement by the Parties to submit the dispute to
expedited arbitration procedures.
2 For the application of Part 2, where the JCAA determines that the economic value cannot be calculated,or its calculation is extremely difficult, the amountset forth in Article 85.1(a) shall be deemed to exceed
JPY300,000,000.
3 The provisions of Part 2 shall not apply if:(a) a Party notifies the JCAA in writing of the agreement by the Parties not to submit the dispute to
expedited arbitration procedures; or(b) the JCAA, before the constitution of the arbitral
tribunal, finds that the Parties’ agreements concerning the arbitral proceedings contain the provisions that are contrary to the provisions of Part
2 or other circumstances exist that make it clearly inappropriate to apply the provisions of Part 2.
4 The JCAA shall promptly notify the Parties and thearbitrator on confirming that the provisions of Part
2 shall apply. It will do so after having received the
Respondent’s submission of counterclaim under Article
19 or set-off defense under Article 20, or after the
expiration of the time limit for such submission.
5 Even where the amount in dispute exceeds JPY
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Interactive Arbitration Rules

300,000,000 due to amendment to claim after the
notification set forth in Article 85.4 is given, the provisions of Part 2 shall continue to apply.
Article 86 Discontinuation of Expedited Arbitration
Procedures
1 After the notification set forth in Article 85.4 is given,
the provisions of Part 2 shall discontinue to apply,
where:(a) a Party notifies the JCAA in writing of the agreement by the Parties that the provisions of Part 2
shall discontinue to apply; or(b) the JCAA, in consultation with the arbitral tribunal and Parties, decides that the provisions ofPart 2 shall discontinue to apply.
2 Where the application of the provisions of Part 2 is
discontinued pursuant to Article 86.1, all procedural
steps undertaken up until that point shall remain in
effect.
Article 87 Appointment of Arbitrator
1 The number of arbitrators shall be one.
2 Notwithstanding Article 87.1, the number of arbitrators shall be three if the Parties so agree. However,the JCAA may invite the parties to agree to a sole
arbitrator, having regard to the amount in dispute, thecomplexity of the case, and other circumstances.
3 JCAA shall appoint or confirm the arbitrator after the
notification set forth in Article 85.4 is given.
Article 88 Document Only Proceedings
1 The arbitral tribunal shall conduct the arbitral proceedings on a document-only basis, except in cases
where the arbitral tribunal considers it necessary to
conduct a hearing after consultation with the Parties.
The arbitral tribunal shall conduct a hearing where all
the Parties so agree.
2 In the event of a hearing, the arbitral tribunal shalluse videoconferencing or other appropriate manners,
and the hearing shall be for as short a period as possible.

39Article 89 Time Limit of Arbitral Award
1 The arbitral tribunal shall make reasonable efforts torender an arbitral award within six months from thedate when it is constituted.
2 Notwithstanding Article 89.1, if the amount in disputeis JPY 50,000,000 or less, the arbitral tribunal shallmake reasonable efforts to render an arbitral award
within three months from the date when it is constituted.
3 To implement Articles 89.1 and 89.2, the arbitral tribunal shall consult with the Parties by videoconferencing, exchange of documents or other methods designated by the arbitral tribunal, prepare a proceduralschedule, and send it to the Parties and the JCAA, in
principle, within two weeks from the date when it isconstituted.
Article 90 Extension of Time Limit of ArbitralAward
In exceptional circumstances, the JCAA may extend thetime limit for rendering the arbitral award under Articles
89.1 and 89.2.
Article 91 No Third Party Joinder or Consolidation
Articles 57 and 58 shall not apply to proceedings conducted under the provision of Part 2.

PART 3 ARBITRATOR’S REMUNERATION
Article 92 Application of the Provisions of Part 3
The provisions of Part 3 shall apply to the arbitrator’s
remuneration and related matters for arbitration conducted under Part 1 or Part 2 of the Rules.
Article 93 Definitions
1 Under Part 3 of the Rules, the “Amount or Economic
Value of Claim” shall mean the sum of the following(or the sum of the following for the each respective
arbitration proceedings where two or more arbitral proceedings are consolidated):
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Interactive Arbitration Rules

(a) the amount or economic value of claim(s) madeby the claimant;(b) the amount or economic value of counterclaim(s)made by the respondent;(c) the amount or economic value of claim(s) madeby or against the third party who has joined in
the arbitral proceedings under Article 57;(d) the deemed amount under Article 94.2;(e) the amount of claims for interest accruing for aperiod of one year from the date of submitting
the claim; and(f) the amount or economic value of claim(s) madeby the Parties in set-off defense(s).
2 Where the amount of the claim(s) is denominated ina currency other than Japanese Yen, the amount shallbe converted into Japanese Yen at the TTM rate or any
other reasonable exchange rate designated by JCAA
as of the business day immediately preceding the dateof submission of the claim.
Article 94 Remuneration for Sole Arbitrator
1 The remuneration of sole arbitrator’s remuneration
shall be as follows:
Amount or
Economic Value of Claim

Sole arbitrator’s remuneration(not including consumption tax)

Less than JPY50,000,000

JPY1,000,000

JPY50,000,000 or More but
less than JPY100,000,000

JPY2,000,000

JPY100,000,000 orMore but less than
JPY5,000,000,000

JPY3,000,000

JPY5,000,000,000 orMore but less than
JPY10,000,000,000

JPY4,000,000

JPY10,000,000,000 or more

JPY5,000,000

2 If the economic value of a claim cannot be calculated
or is extremely difficult to calculate, such economic
value shall be deemed to be JPY70,000,000.
Article 95 Remuneration for Presiding Arbitrator
and Co-Arbitrators
1 The remuneration of a presiding arbitrator and co-arbitrator shall be as follows:

41

Amount or
Economic Value of
Claim

Co-arbitrator’s
remuneration(not including
consumption
tax)

Presiding
arbitrator’s
remuneration(not including
consumptiontax)

Less than
JPY50,000,000

JPY700,000

JPY1,200,000

JPY50,000,000 or
more but less than
JPY100,000,000

JPY1,500,000

JPY2,500,000

JPY100,000,000 or
more but less than
JPY5,000,000,000

JPY2,500,000

JPY4,000,000

JPY5,000,000,000 or
more but less than
JPY10,000,000,000

JPY3,500,000

JPY5,000,000

JPY10,000,000,000
or more

JPY4,000,000

JPY6,000,000

2 Article 94.2 shall be applied in calculating the amountof a claim under Article 95.1.
Article 96 Reduction or Non-Payment of
Arbitrator’s Remuneration
1 The arbitrator’s remuneration shall not be reduced
if the arbitral proceedings are terminated due to theParties’ withdrawal of all the claims, unless Articles
96.2 through 96.5 apply.
2 The remuneration of the following arbitrator(s) shallnot be paid:(1) if the arbitral proceedings have been terminatedbefore constitution of the arbitral tribunal: eachmember of the tribunal;(2) if an arbitrator ceases to perform his or her duty
because of death, challenge, removal (except forremoval by the agreement between the Parties),or resignation: such arbitrator;
3 Notwithstanding Article 96.2(2), where the arbitral
tribunal is composed of more than one arbitrator, the
JCAA shall determine the remuneration of the arbitrator who ceases to perform his or her duty because ofdeath or illness, taking into account the arbitrator’s
contribution to the resolution of the dispute and anyother relevant circumstances.
4 Where Article 96.2(2) applies, the substituted arbitrator’s remuneration shall be the full amount under
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Article 94.1 or 95.1.
5 Where the arbitral proceedings are terminated dueto the non-existence or invalidity of an arbitrationagreement, half of the amount of remuneration under
Article 94.1 or 95.1 shall be paid to the arbitrator(s)that issues the arbitral award or decides to terminate
the arbitral proceedings.
Article 97 Parties’ Agreement on Change of
Arbitrator’s Remuneration before Constitution of
the Arbitral Tribunal
1 Notwithstanding Articles 94 through 96, the amountof arbitrator’s remuneration and reduction or non-payment of the arbitrator’s remuneration under the provisions of Part 3 of the Rules may be changed only if all
the Parties so agree in writing before the constitutionof the arbitral tribunal under Article 31.2.
2 The conditions with respect to the amount of the arbitrator’s remuneration and reduction or non-paymentof arbitrator’s remuneration which are applied to thearbitrator appointed by the JCAA under Article 28.6 or
29.6 shall be the same as or more favorable than theconditions agreed by the Parties under Article 97.1,
whichever is favorable to the co-arbitrators.
3 If the Parties make an agreement under Article 97.1,
the Parties shall notify the JCAA thereof without delay.
Article 98 No-Change of Arbitrator’s Remuneration
after Constitution of the Arbitral Tribunal
1 No arbitrator shall consult or negotiate with theParties or the JCAA to change the amount of arbitrator’s remuneration or reduction or non-payment of
the arbitrator’s remuneration after constitution of thearbitral tribunal under Article 31.2.
2 The amount of arbitrator’s remuneration under theprovisions of Part 3 or the Rules, shall not be changed
after constitution of the arbitral tribunal under Article
31.2, even if all Parties so agree.
Article 99 Change of Amount of Arbitrators’
Remuneration by Agreement among Arbitrators
1 Where the arbitral tribunal is composed of three arbitrators and a co-arbitrator performs the scope of thepresiding arbitrator’s duties under Article 31.3, all43three arbitrators may agree to change the amountof each arbitrator’s remuneration; provided that thesum of the changed amount of each arbitrator’s remuneration shall not exceed the sum of each arbitrators’
remuneration under Article 95.1.
2 If the arbitrators make an agreement under Article
99.1, the arbitrators shall notify the JCAA thereof
without delay.
Article 100 Payment of Arbitrator’s Remuneration
1 The JCAA shall pay to the arbitrator his or her remuneration without delay after the time limit under
Articles 69 through 71 has passed upon the arbitrator’s rendering of an arbitral award or making a determination to terminate the arbitral proceedings, orupon termination of arbitral proceedings for any otherreason.
2 If an arbitrator ceases to perform his or her duty due
to his or her resignation or other reasons, the JCAA
shall pay to the arbitrator his or her remuneration
without delay after the time limit under Articles 69
through 71 has passed, unless such arbitrator’s remuneration is not to be paid under Article 96.2
Article 101 Arbitrator’s Expenses
1 The arbitrator shall be entitled to reimbursement by
the JCAA of the following expenses incurred to theextent reasonable and required for the arbitral proceedings:(1) transportation expenses (business-class airfares
and equivalent class fares for other modes oftransportation);and(2) cost of post, courier, telephone calls, copies or any
other expenses that the JCAA finds reasonabletaking into consideration the nature of the case
2 If an arbitrator is required to use overnight accommodation, he or she shall be paid JPY60,000 as theflat rate of per diem allowance which covers hotel
charges, meals and other personal living expenses.
3 Articles 97.1 through 97.3 shall apply mutatis mutandis to Article 101.1 and 101.2.
4 The Parties shall bear the expenses and per diem
allowance under Articles 101.1 through 101.3, andentrust to the JCAA the necessary work for reimbursement and payment of such expenses and allowance.
44

Interactive Arbitration Rules5 The JCAA shall reimburse the arbitrator’s expenses
and pay the per diem allowance under Articles 101.1
through 101.3 if the arbitrator submits to the JCAA
the receipt or any equivalent documentary evidence
thereof.
Article 102 Special Rules concerning Emergency
Arbitrator’s Remuneration
1 Articles 94 through 95 and 99 shall not apply to theemergency arbitrator’s remuneration and related matters.
2 The emergency arbitrator’s remuneration shallbe JPY1,200,000 (not including consumption tax)
regardless of the Amount or Economic Value of Claim.
Where the proceedings are terminated before theemergency arbitrator makes a determination on theapplication for Emergency Measures, the emergency
arbitrator’s remuneration shall be JPY300,000 (notincluding consumption tax).
3 Articles 96 through 98, 100 and 101 shall apply mutatis mutandis to the payment of the emergency arbitrator’s remuneration and expenses, respectively.

PART 4 ADMINISTRATIVE FEE
Article 103 Administrative Fee
1 The administrative fee that the claimant shall pay at
the time of submitting a Request for Arbitration shallbe the following amount plus applicable consumption
tax:
Amount or
Economic Value of ClaimAmount of Administrative
Fee

Less than JPY5,000,000

Amount equal to 10% of
the amount or the economic value of the claim

JPY5,000,000 or more but
less than JPY20,000,000

JPY500,000

JPY20,000,000 or
more but less than
JPY100,000,000

JPY500,000 plus 1% of
any amount in excess of
JPY20,000,000

45

JPY100,000,000 or
more but less than
JPY1,000,000,000

JPY1,300,000 plus 0.3%
of any amount in excess of
JPY100,000,000

JPY1,000,000,000 or
more but less than
JPY5,000,000,000

JPY4,000,000 plus 0.25%
of any amount in excess of
JPY1,000,000,000

JPY5,000,000,000 or
more but less than
JPY10,000,000,000

JPY14,000,000 plus 0.1%
of any amount in excess of
JPY5,000,000,000

JPY10,000,000,000 or
more

JPY19,000,000 plus 0.05%
of any amount in excess of
JPY10,000,000,000(JPY25,000,000 is maximum)

2 If the economic value of a claim cannot be calculated
or is extremely difficult to calculate, such economic
value shall be deemed to be JPY70,000,000.
3 For the purpose of calculating the administrativefee, the amount of claims shall include the amountof claims for interest accruing for a period of one
year from the date of submitting the Request for
Arbitration.
4 Where the amount of claim(s) is denominated in acurrency other than Japanese Yen, the amount shallbe converted into Japanese Yen at the TTM rate or any
other reasonable exchange rate designated by JCAA
as of the business day immediately preceding the dateof submission of the Request for Arbitration.
Article 104 Administrative Fee in the Case of
Modification of Amount of Claim
1 If, after paying the administrative fee, the claimant
increases the amount of the claim or adds another claim, the administrative fee shall be the amountobtained by applying Article 103 to the claim as modified; provided that “the date of submission of theRequest for Arbitration” under Article 103.3 shall beread as “the date of increasing the amount of theclaim or adding another claim.”
2 Article 104.1 shall apply mutatis mutandis if the economic value of the claim which has been deemed to
be JPY70,000,000 under Article 103.2 is found to
excess JPY70,000,000.

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Article 105 Administrative Fee in the Case ofWithdrawal of All Claims
If the claimant, within thirty days after the commencement of the arbitral proceedings and before the arbitral
tribunal has been constituted, withdraws all its claims,
the JCAA shall refund 90% of the total amount of theadministrative fee.
Article 106 Administrative Fee in the Caseof Withdrawal of All Claims where Expedited
Arbitration Procedures Apply
In the case where the provisions of Part 2 of the Rules
shall apply, if the claimant, within ten days after thecommencement of the arbitral proceedings and before
the arbitral tribunal has been constituted, withdraws all
its claims, the JCAA shall refund 90% of the total amountof the administrative fee.
Article 107 Application in the Case of Counterclaim
and Third Party Joinder
Articles 103 through 106 shall apply to (a) a counterclaim made by the respondent and (b) a claim made byor against the third party who has joined the arbitration
proceedings under Article 56.
Article 108 Special Rules concerning Application
for Emergency Measures
1 Articles 103 through 107 shall not apply to an application for Emergency Measures.
2 At the time of submitting an application for
Emergency Measures, the applicant shall pay the following administrative fee and deposit to cover a partof the emergency arbitrator’s expenses and other reasonable expenses incurred with respect to the proceedings:
Administrative Fee: J PY200,000 plus applicable consumption tax
Deposit: JPY100,000.
3 If the applicant, before the emergency arbitrator
has been appointed, withdraws the application for
Emergency Measures, the JCAA shall refund 90% of
the amount of the administrative fee.

47

Supplementary Provisions
1 These Rules shall come into effect on July 1, 2021.
2 Any arbitral proceedings commenced before theseRules 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 arbitral proceedings that already have been conducted pursuant to
the former Rules shall remain valid.

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THE JAPAN COMMERCIAL
ARBITRATION ASSOCIATIONTOKYO HEAD OFFICE
3rd Floor, Hirose Bldg.
3-17, Kanda Nishiki-cho,
Chiyoda-ku, Tokyo 101-0054, Japan
Tel. : 03(5280)5161
Fax. : 03(5280)5160
Email : arbitration@jcaa.or.jp

Website: https://www.jcaa.or.jp