UNCITRAL Arbitration Rules
2010
Administrative Rules
for UNCITRAL Arbitration
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 UNCITRAL Arbitration
Rules supplemented by the Administrative
Rules for UNCITRAL Arbitration of The Japan
Commercial Arbitration Association. The placeof the arbitration shall be [city and country].

UNCITRAL Arbitration Rules(as revised in 2010)

CONTENTS
Section I. Introductory rules............................................1
Scope of application (Article 1)............................................. 1
Notice and calculation of periods of time (Article 2)................. 1
Notice of arbitration (Article 3)............................................. 2
Response to the notice of arbitration (Article 4)...................... 3
Representation and assistance (Article 5)............................... 4
Designating and appointing authorities (Article 6)................... 4
Section II. Composition of the arbitral tribunal................6
Number of arbitrators (Article 7)........................................... 6
Appointment of arbitrators (Articles 8 to 10)(Article 8).......................................................................... 6(Article 9).......................................................................... 7(Article 10)........................................................................ 7
Disclosures by and challenge of arbitrators (Articles 11 to 13)(Article 11)........................................................................ 8(Article 12)........................................................................ 8(Article 13)........................................................................ 8
Replacement of an arbitrator (Article 14)............................... 9
Repetition of hearings in the event of the replacement of anarbitrator (Article 15)..................................................... 9
Exclusion of liability (Article 16).......................................... 10
Section III. Arbitral proceedings....................................10
General provisions (Article 17)........................................... 10
Place of arbitration (Article 18)........................................... 11
Language (Article 19)....................................................... 11
Statement of claim (Article 20)........................................... 12
Statement of defence (Article 21)....................................... 12
Amendments to the claim or defence (Article 22).................. 13
Pleas as to the jurisdiction of the arbitral tribunal (Article 23). 13
Further written statements (Article 24)................................ 14
Periods of time (Article 25)................................................ 14Interim measures (Article 26)............................................ 15
Evidence (Article 27)......................................................... 16
Hearings (Article 28)......................................................... 16
Experts appointed by the arbitral tribunal (Article 29)............ 17
Default (Article 30)........................................................... 18
Closure of hearings (Article 31).......................................... 19
Waiver of right to object (Article 32)................................... 19
Section IV. The award....................................................19
Decisions (Article 33)........................................................ 19
Form and effect of the award (Article 34)............................. 19
Applicable law, amiable compositeur (Article 35)................... 20
Settlement or other grounds for termination (Article 36)........ 20
Interpretation of the award (Article 37)............................... 21iii

Correction of the award (Article 38).................................... 21
Additional award (Article 39).............................................. 22
Definition of costs (Article 40)............................................ 22
Fees and expenses of arbitrators (Article 41)........................ 23
Allocation of costs (Article 42)............................................ 24
Deposit of costs (Article 43)............................................... 25

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(as revised in 2010)

Section I. Introductory rules
Scope of application
Article 1
1 Where parties have agreed that disputes between
them in respect of a defined legal relationship, whether contractual or not, shall be referred to arbitration
under the UNCITRAL Arbitration Rules, then such disputes shall be settled in accordance with these Rules
subject to such modification as the parties may agree.
2 The parties to an arbitration agreement concluded
after 15 August 2010 shall be presumed to havereferred to the Rules in effect on the date of commencement of the arbitration, unless the parties haveagreed to apply a particular version of the Rules. That
presumption does not apply where the arbitrationagreement has been concluded by accepting after 15
August 2010 an offer made before that date.
3 These Rules shall govern the arbitration except that
where any of these Rules is in conflict with a provisionof the law applicable to the arbitration from which theparties cannot derogate, that provision shall prevail.
Notice and calculation of periods of time
Article 2
1 A notice, including a notification, communication or
proposal, may be transmitted by any means of communication that provides or allows for a record of its
transmission.
2 If an address has been designated by a party specifically for this purpose or authorized by the arbitral
tribunal, any notice shall be delivered to that party
at that address, and if so delivered shall be deemed
to have been received. Delivery by electronic means
such as facsimile or e-mail may only be made to an
address so designated or authorized.
3 In the absence of such designation or authorization, a
notice is:
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(a) Received if it is physically delivered to theaddressee; or(b) Deemed to have been received if it is delivered at
the place of business, habitual residence or mailing address of the addressee.
4 If, after reasonable efforts, delivery cannot be effected in accordance with paragraphs 2 or 3, a notice
is deemed to have been received if it is sent to theaddressee’s last-known place of business, habitualresidence or mailing address by registered letter or
any other means that provides a record of delivery orof attempted delivery.
5 A notice shall be deemed to have been received on
the day it is delivered in accordance with paragraphs
2, 3 or 4, or attempted to be delivered in accordancewith paragraph 4. A notice transmitted by electronicmeans is deemed to have been received on the day it
is sent, except that a notice of arbitration so transmitted is only deemed to have been received on the day
when it reaches the addressee’s electronic address.
6 For the purpose of calculating a period of time underthese Rules, such period shall begin to run on the day
following the day when a notice is received. If the last
day of such period is an official holiday or a non-business day at the residence or place of business of theaddressee, the period is extended until the first business day which follows. Official holidays or non- business days occurring during the running of the periodof time are included in calculating the period.
Notice of arbitration
Article 3
1 The party or parties initiating recourse to arbitration(hereinafter called the “claimant”) shall communicate
to the other party or parties (hereinafter called the“respondent”) a notice of arbitration.
2 Arbitral proceedings shall be deemed to commence on
the date on which the notice of arbitration is received
by the respondent.
3 The notice of arbitration shall include the following:(a) A demand that the dispute be referred to arbitration;(b) The names and contact details of the parties;(c) Identification of the arbitration agreement that is

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Response to the notice of arbitration
Article 4
1 Within 30 days of the receipt of the notice of arbitration, the respondent shall communicate to the claimant a response to the notice of arbitration, which shall
include:(a) The name and contact details of each respondent;(b) A response to the information set forth in thenotice of arbitration, pursuant to article 3, paragraphs 3 (c) to (g).
2 The response to the notice of arbitration may also
include:(a) Any plea that an arbitral tribunal to be constituted under these Rules lacks jurisdiction;(b) A proposal for the designation of an appointing
authority referred to in article 6, paragraph 1;(c) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;(d) Notification of the appointment of an arbitrator

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invoked;(d) Identification of any contract or other legal
instrument out of or in relation to which the dispute arises or, in the absence of such contract
or instrument, a brief description of the relevant
relationship;(e) A brief description of the claim and an indicationof the amount involved, if any;(f) The relief or remedy sought;(g) A proposal as to the number of arbitrators, language and place of arbitration, if the parties havenot previously agreed thereon.
4 The notice of arbitration may also include:(a) A proposal for the designation of an appointing
authority referred to in article 6, paragraph 1;(b) A proposal for the appointment of a sole arbitrator referred to in article 8, paragraph 1;(c) Notification of the appointment of an arbitrator
referred to in article 9 or 10.
5 The constitution of the arbitral tribunal shall not behindered by any controversy with respect to the sufficiency of the notice of arbitration, which shall befinally resolved by the arbitral tribunal.

referred to in article 9 or 10;(e) A brief description of counterclaims or claims forthe purpose of a set-off, if any, including where
relevant, an indication of the amounts involved,
and the relief or remedy sought;(f) A notice of arbitration in accordance with article 3 in case the respondent formulates a claim
against a party to the arbitration agreement
other than the claimant.
3 The constitution of the arbitral tribunal shall not behindered by any controversy with respect to the
respondent’s failure to communicate a response to
the notice of arbitration, or an incomplete or late
response to the notice of arbitration, which shall befinally resolved by the arbitral tribunal.
Representation and assistance
Article 5
Each party may be represented or assisted by persons
chosen by it. The names and addresses of such persons
must be communicated to all parties and to the arbitral
tribunal. Such communication must specify whether theappointment is being made for purposes of representation or assistance. Where a person is to act as a representative of a party, the arbitral tribunal, on its own
initiative or at the request of any party, may at any timerequire proof of authority granted to the representativein such a form as the arbitral tribunal may determine.
Designating and appointing authorities
Article 6
1 Unless the parties have already agreed on the choiceof an appointing authority, a party may at any time
propose the name or names of one or more institutions or persons, including the Secretary-Generalof the Permanent Court of Arbitration at The Hague(hereinafter called the “PCA”), one of whom would
serve as appointing authority.
2 If all parties have not agreed on the choice of an
appointing authority within 30 days after a proposal made in accordance with paragraph 1 has been
received by all other parties, any party may request
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4

5

6

7

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3

the Secretary-General of the PCA to designate theappointing authority.
Where these Rules provide for a period of time within which a party must refer a matter to an appointing authority and no appointing authority has been
agreed on or designated, the period is suspended
from the date on which a party initiates the procedure
for agreeing on or designating an appointing authority
until the date of such agreement or designation.
Except as referred to in article 41, paragraph 4, if
the appointing authority refuses to act, or if it fails to
appoint an arbitrator within 30 days after it receives aparty’s request to do so, fails to act within any otherperiod provided by these Rules, or fails to decide ona challenge to an arbitrator within a reasonable timeafter receiving a party’s request to do so, any party
may request the Secretary-General of the PCA to designate a substitute appointing authority.
In exercising their functions under these Rules, theappointing authority and the Secretary-General of the
PCA may require from any party and the arbitrators
the information they deem necessary and they shallgive the parties and, where appropriate, the arbitrators, an opportunity to present their views in any
manner they consider appropriate. All such communications to and from the appointing authority and theSecretary-General of the PCA shall also be provided
by the sender to all other parties.
When the appointing authority is requested to appoint
an arbitrator pursuant to articles 8, 9, 10 or 14, theparty making the request shall send to the appointing
authority copies of the notice of arbitration and, if itexists, any response to the notice of arbitration.
The appointing authority shall have regard to suchconsiderations as are likely to secure the appointmentof an independent and impartial arbitrator and shalltake into account the advisability of appointing an
arbitrator of a nationality other than the nationalitiesof the parties.

Section II. Composition of
the arbitral tribunal
Number of arbitrators
Article 7
1 If the parties have not previously agreed on the number of arbitrators, and if within 30 days after thereceipt by the respondent of the notice of arbitration
the parties have not agreed that there shall be only
one arbitrator, three arbitrators shall be appointed.
2 Notwithstanding paragraph 1, if no other parties have
responded to a party’s proposal to appoint a sole arbitrator within the time limit provided for in paragraph
1 and the party or parties concerned have failed toappoint a second arbitrator in accordance with article
9 or 10, the appointing authority may, at the requestof a party, appoint a sole arbitrator pursuant to theprocedure provided for in article 8, paragraph 2, if it
determines that, in view of the circumstances of thecase, this is more appropriate.
Appointment of arbitrators (Articles 8 to 10)
Article 8
1 If the parties have agreed that a sole arbitrator is tobe appointed and if within 30 days after receipt by
all other parties of a proposal for the appointment ofa sole arbitrator the parties have not reached agreement thereon, a sole arbitrator shall, at the request ofa party, be appointed by the appointing authority.
2 The appointing authority shall appoint the sole arbitrator as promptly as possible. In making the appointment, the appointing authority shall use the following list-procedure, unless the parties agree thatthe list-procedure should not be used or unless theappointing authority determines in its discretion thatthe use of the list-procedure is not appropriate for thecase:(a) The appointing authority shall communicate toeach of the parties an identical list containing atleast three names;(b) Within 15 days after the receipt of this list,
each party may return the list to the appoint6

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Article 9
1 If three arbitrators are to be appointed, each party
shall appoint one arbitrator. The two arbitrators thus
appointed shall choose the third arbitrator who will
act as the presiding arbitrator of the arbitral tribunal.
2 If within 30 days after the receipt of a party’s notification of the appointment of an arbitrator the otherparty has not notified the first party of the arbitrator it has appointed, the first party may request theappointing authority to appoint the second arbitrator.
3 If within 30 days after the appointment of the second arbitrator the two arbitrators have not agreed
on the choice of the presiding arbitrator, the presiding arbitrator shall be appointed by the appointing
authority in the same way as a sole arbitrator would
be appointed under article 8.
Article 10
1 For the purposes of article 9, paragraph 1, where
three arbitrators are to be appointed and there
are multiple parties as claimant or as respondent,
unless the parties have agreed to another methodof appointment of arbitrators, the multiple parties
jointly, whether as claimant or as respondent, shallappoint an arbitrator.
2 If the parties have agreed that the arbitral tribunal
is to be composed of a number of arbitrators otherthan one or three, the arbitrators shall be appointed
according to the method agreed upon by the parties.
3 In the event of any failure to constitute the arbitral
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ing authority after having deleted the name ornames to which it objects and numbered theremaining names on the list in the order of its
preference;(c) After the expiration of the above period of time
the appointing authority shall appoint the sole
arbitrator from among the names approved on
the lists returned to it and in accordance with theorder of preference indicated by the parties;(d) If for any reason the appointment cannot bemade according to this procedure, the appointing
authority may exercise its discretion in appointing the sole arbitrator.

ty shall, at the request of any party, constitute thearbitral tribunal and, in doing so, may revoke any
appointment already made and appoint or reappoint
each of the arbitrators and designate one of them as
the presiding arbitrator.
Disclosures by and challenge of arbitrators(Articles 11 to 13)
Article 11
When a person is approached in connection with his or
her possible appointment as an arbitrator, he or she shalldisclose any circumstances likely to give rise to justifiable doubts as to his or her impartiality or independence.
An arbitrator, from the time of his or her appointment
and throughout the arbitral proceedings, shall without
delay disclose any such circumstances to the parties
and the other arbitrators unless they have already been
informed by him or her of these circumstances.
Article 12
1 Any arbitrator may be challenged if circumstances
exist that give rise to justifiable doubts as to the arbitrator’s impartiality or independence.
2 A party may challenge the arbitrator appointed by it
only for reasons of which it becomes aware after theappointment has been made.
3 In the event that an arbitrator fails to act or in theevent of the de jure or de facto impossibility of his or
her performing his or her functions, the procedure in
respect of the challenge of an arbitrator as provided
in article 13 shall apply.
Article 13
1 A party that intends to challenge an arbitrator shallsend notice of its challenge within 15 days after it has
been notified of the appointment of the challenged
arbitrator, or within 15 days after the circumstances
mentioned in articles 11 and 12 became known tothat party.
2 The notice of challenge shall be communicated to allother parties, to the arbitrator who is challenged andto the other arbitrators. The notice of challenge shall

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Replacement of an arbitrator
Article 14
1 Subject to paragraph 2, in any event where an arbitrator has to be replaced during the course of thearbitral proceedings, a substitute arbitrator shallbe appointed or chosen pursuant to the procedureprovided for in articles 8 to 11 that was applicableto the appointment or choice of the arbitrator being
replaced. This procedure shall apply even if during theprocess of appointing the arbitrator to be replaced, aparty had failed to exercise its right to appoint or toparticipate in the appointment.
2 If, at the request of a party, the appointing authority
determines that, in view of the exceptional circumstances of the case, it would be justified for a party
to be deprived of its right to appoint a substitute arbitrator, the appointing authority may, after giving an
opportunity to the parties and the remaining arbitrators to express their views: (a) appoint the substitutearbitrator; or (b) after the closure of the hearings,
authorize the other arbitrators to proceed with thearbitration and make any decision or award.
Repetition of hearings in the event of thereplacement of an arbitrator
Article 15
If an arbitrator is replaced, the proceedings shall resume
at the stage where the arbitrator who was replaced
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state the reasons for the challenge.
3 When an arbitrator has been challenged by a party,
all parties may agree to the challenge. The arbitrator
may also, after the challenge, withdraw from his or
her office. In neither case does this imply acceptanceof the validity of the grounds for the challenge.
4 If, within 15 days from the date of the notice of challenge, all parties do not agree to the challenge or thechallenged arbitrator does not withdraw, the party
making the challenge may elect to pursue it. In thatcase, within 30 days from the date of the notice ofchallenge, it shall seek a decision on the challenge by
the appointing authority.

ceased to perform his or her functions, unless the arbitral tribunal decides otherwise.
Exclusion of liability
Article 16
Save for intentional wrongdoing, the parties waive, tothe fullest extent permitted under the applicable law, any
claim against the arbitrators, the appointing authority
and any person appointed by the arbitral tribunal basedon any act or omission in connection with the arbitration.

Section III. Arbitral proceedings
General provisions
Article 17
1 Subject to these Rules, the arbitral tribunal may conduct the arbitration in such manner as it considers
appropriate, provided that the parties are treated withequality and that at an appropriate stage of the proceedings each party is given a reasonable opportunityof presenting its case. The arbitral tribunal, in exercising its discretion, shall conduct the proceedings so
as to avoid unnecessary delay and expense and toprovide a fair and efficient process for resolving theparties’ dispute.
2 As soon as practicable after its constitution and after
inviting the parties to express their views, the arbitral tribunal shall establish the provisional timetableof the arbitration. The arbitral tribunal may, at any
time, after inviting the parties to express their views,
extend or abridge any period of time prescribed underthese Rules or agreed by the parties.
3 If at an appropriate stage of the proceedings any
party so requests, the arbitral tribunal shall holdhearings for the presentation of evidence by witnesses, including expert witnesses, or for oral argument.
In the absence of such a request, the arbitral tribunal
shall decide whether to hold such hearings or whether
the proceedings shall be conducted on the basis of
documents and other materials.
4 All communications to the arbitral tribunal by one
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Place of arbitration
Article 18
1 If the parties have not previously agreed on theplace of arbitration, the place of arbitration shall be
determined by the arbitral tribunal having regard to
the circumstances of the case. The award shall bedeemed to have been made at the place of arbitration.
2 The arbitral tribunal may meet at any location it considers appropriate for deliberations. Unless otherwise
agreed by the parties, the arbitral tribunal may also
meet at any location it considers appropriate for any
other purpose, including hearings.
Language
Article 19
1 Subject to an agreement by the parties, the arbitral
tribunal shall, promptly after its appointment, determine the language or languages to be used in theproceedings. This determination shall apply to thestatement of claim, the statement of defence, andany further written statements and, if oral hearings
take place, to the language or languages to be usedin such hearings.
2 The arbitral tribunal may order that any documents
annexed to the statement of claim or statement ofdefence, and any supplementary documents or exhib11

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party shall be communicated by that party to all otherparties. Such communications shall be made at thesame time, except as otherwise permitted by thearbitral tribunal if it may do so under applicable law.
5 The arbitral tribunal may, at the request of any party,
allow one or more third persons to be joined in thearbitration as a party provided such person is a party
to the arbitration agreement, unless the arbitral tribunal finds, after giving all parties, including the person
or persons to be joined, the opportunity to be heard,that joinder should not be permitted because of prejudice to any of those parties. The arbitral tribunal
may make a single award or several awards in respectof all parties so involved in the arbitration.

its submitted in the course of the proceedings, delivered in their original language, shall be accompanied by a translation into the language or languages
agreed upon by the parties or determined by the arbitral tribunal.
Statement of claim
Article 20
1 The claimant shall communicate its statement of claim
in writing to the respondent and to each of the arbitrators within a period of time to be determined by
the arbitral tribunal. The claimant may elect to treat
its notice of arbitration referred to in article 3 as astatement of claim, provided that the notice of arbitration also complies with the requirements of paragraphs 2 to 4 of this article.
2 The statement of claim shall include the following particulars:(a) The names and contact details of the parties;(b) A statement of the facts supporting the claim;(c) The points at issue;(d) The relief or remedy sought;(e) The legal grounds or arguments supporting theclaim.
3 A copy of any contract or other legal instrument outof or in relation to which the dispute arises and of thearbitration agreement shall be annexed to the statement of claim.
4 The statement of claim should, as far as possible, be
accompanied by all documents and other evidence
relied upon by the claimant, or contain references tothem.
Statement of defence
Article 21
1 The respondent shall communicate its statement ofdefence in writing to the claimant and to each of thearbitrators within a period of time to be determinedby the arbitral tribunal. The respondent may elect totreat its response to the notice of arbitration referred
to in article 4 as a statement of defence, provided that the response to the notice of arbitration also
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Amendments to the claim or defence
Article 22
During the course of the arbitral proceedings, a party
may amend or supplement its claim or defence, including
a counterclaim or a claim for the purpose of a set-off,unless the arbitral tribunal considers it inappropriate toallow such amendment or supplement having regard to
the delay in making it or prejudice to other parties or
any other circumstances. However, a claim or defence,
including a counterclaim or a claim for the purpose of a
set-off, may not be amended or supplemented in sucha manner that the amended or supplemented claim or
defence falls outside the jurisdiction of the arbitral tribunal.
Pleas as to the jurisdiction of the arbitral tribunal
Article 23
1 The arbitral tribunal shall have the power to rule on
its own jurisdiction, including any objections withrespect to the existence or validity of the arbitrationagreement. For that purpose, an arbitration clausethat forms part of a contract shall be treated as anagreement independent of the other terms of the con13

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complies with the requirements of paragraph 2 of thisarticle.
2 The statement of defence shall reply to the particulars(b) to (e) of the statement of claim (art. 20, para. 2).
The statement of defence should, as far as possible,
be accompanied by all documents and other evidence
relied upon by the respondent, or contain references
to them.
3 In its statement of defence, or at a later stage in thearbitral proceedings if the arbitral tribunal decides
that the delay was justified under the circumstances,
the respondent may make a counterclaim or rely ona claim for the purpose of a set-off provided that thearbitral tribunal has jurisdiction over it.
4 The provisions of article 20, paragraphs 2 to 4, shallapply to a counterclaim, a claim under article 4, paragraph 2 (f), and a claim relied on for the purpose of a
set-off.

tract. A decision by the arbitral tribunal that the contract is null shall not entail automatically the invalidityof the arbitration clause.
2 A plea that the arbitral tribunal does not have jurisdiction shall be raised no later than in the statement ofdefence or, with respect to a counterclaim or a claim
for the purpose of a set-off, in the reply to the counterclaim or to the claim for the purpose of a set-off.
A party is not precluded from raising such a plea by
the fact that it has appointed, or participated in theappointment of, an arbitrator. A plea that the arbitral
tribunal is exceeding the scope of its authority shallbe raised as soon as the matter alleged to be beyond
the scope of its authority is raised during the arbitralproceedings. The arbitral tribunal may, in either case,admit a later plea if it considers the delay justified.
3 The arbitral tribunal may rule on a plea referred to inparagraph 2 either as a preliminary question or in anaward on the merits. The arbitral tribunal may continue the arbitral proceedings and make an award, notwithstanding any pending challenge to its jurisdiction
before a court.
Further written statements
Article 24
The arbitral tribunal shall decide which further written
statements, in addition to the statement of claim and thestatement of defence, shall be required from the parties
or may be presented by them and shall fix the periods oftime for communicating such statements.
Periods of time
Article 25
The periods of time fixed by the arbitral tribunal for thecommunication of written statements (including thestatement of claim and statement of defence) should
not exceed 45 days. However, the arbitral tribunal may
extend the time limits if it concludes that an extension isjustified.

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Article 26
1 The arbitral tribunal may, at the request of a party,
grant interim measures.
2 An interim measure is any temporary measure bywhich, at any time prior to the issuance of the award
by which the dispute is finally decided, the arbitral
tribunal orders a party, for example and without limitation, to:(a) Maintain or restore the status quo pending determination of the dispute;(b) Take action that would prevent, or refrain fromtaking action that is likely to cause, (i) current
or imminent harm or (ii) prejudice to the arbitralprocess itself;(c) Provide a means of preserving assets out of
which a subsequent award may be satisfied; or(d) Preserve evidence that may be relevant andmaterial to the resolution of the dispute.
3 The party requesting an interim measure under paragraphs 2 (a) to (c) shall satisfy the arbitral tribunal
that:(a) Harm not adequately reparable by an award
of damages is likely to result if the measure is
not ordered, and such harm substantially outweighs the harm that is likely to result to theparty against whom the measure is directed if
the measure is granted; and(b) There is a reasonable possibility that the requesting party will succeed on the merits of the claim.
The determination on this possibility shall notaffect the discretion of the arbitral tribunal in
making any subsequent determination.
4 With regard to a request for an interim measure
under paragraph 2 (d), the requirements in paragraphs 3 (a) and (b) shall apply only to the extent thearbitral tribunal considers appropriate.
5 The arbitral tribunal may modify, suspend or terminate an interim measure it has granted, upon application of any party or, in exceptional circumstances andupon prior notice to the parties, on the arbitral tribunal’s own initiative.
6 The arbitral tribunal may require the party requesting
an interim measure to provide appropriate security inconnection with the measure.
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Interim measures7 The arbitral tribunal may require any party promptly
to disclose any material change in the circumstances on the basis of which the interim measure wasrequested or granted.
8 The party requesting an interim measure may be liable for any costs and damages caused by the measure to any party if the arbitral tribunal later determines that, in the circumstances then prevailing, themeasure should not have been granted. The arbitral
tribunal may award such costs and damages at any
point during the proceedings.
9 A request for interim measures addressed by any
party to a judicial authority shall not be deemedincompatible with the agreement to arbitrate, or as awaiver of that agreement.
Evidence
Article 27
1 Each party shall have the burden of proving the facts
relied on to support its claim or defence.
2 Witnesses, including expert witnesses, who are presented by the parties to testify to the arbitral tribunal
on any issue of fact or expertise may be any individual, notwithstanding that the individual is a party to
the arbitration or in any way related to a party. Unlessotherwise directed by the arbitral tribunal, statements
by witnesses, including expert witnesses, may be presented in writing and signed by them.
3 At any time during the arbitral proceedings the arbitral tribunal may require the parties to produce documents, exhibits or other evidence within such a periodof time as the arbitral tribunal shall determine.
4 The arbitral tribunal shall determine the admissibility, relevance, materiality and weight of the evidence
offered.
Hearings
Article 28
1 In the event of an oral hearing, the arbitral tribunal
shall give the parties adequate advance notice of thedate, time and place thereof.
2 Witnesses, including expert witnesses, may be heard
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Experts appointed by the arbitral tribunal
Article 29
1 After consultation with the parties, the arbitral tribunal may appoint one or more independent experts toreport to it, in writing, on specific issues to be determined by the arbitral tribunal. A copy of the expert’s
terms of reference, established by the arbitral tribunal, shall be communicated to the parties.
2 The expert shall, in principle before accepting appointment, submit to the arbitral tribunal and to the parties a description of his or her qualifications anda statement of his or her impartiality and independence. Within the time ordered by the arbitral tribunal, the parties shall inform the arbitral tribunal
whether they have any objections as to the expert’s
qualifications, impartiality or independence. The arbitral tribunal shall decide promptly whether to accept
any such objections. After an expert’s appointment,a party may object to the expert’s qualifications,
impartiality or independence only if the objection isfor reasons of which the party becomes aware after
the appointment has been made. The arbitral tribunal
shall decide promptly what, if any, action to take.
3 The parties shall give the expert any relevant information or produce for his or her inspection any relevant
documents or goods that he or she may require ofthem. Any dispute between a party and such expert
as to the relevance of the required information or production shall be referred to the arbitral tribunal for
decision.

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under the conditions and examined in the manner set
by the arbitral tribunal.
3 Hearings shall be held in camera unless the parties
agree otherwise. The arbitral tribunal may require
the retirement of any witness or witnesses, including
expert witnesses, during the testimony of such other
witnesses, except that a witness, including an expert
witness, who is a party to the arbitration shall not, inprinciple, be asked to retire.
4 The arbitral tribunal may direct that witnesses, including
expert witnesses, be examined through means of telecommunication that do not require their physical presence at the hearing (such as videoconference).

4 Upon receipt of the expert’s report, the arbitral tribunal shall communicate a copy of the report to the parties, which shall be given the opportunity to express,
in writing, their opinion on the report. A party shallbe entitled to examine any document on which theexpert has relied in his or her report.
5 At the request of any party, the expert, after deliveryof the report, may be heard at a hearing where theparties shall have the opportunity to be present andto interrogate the expert. At this hearing, any party
may present expert witnesses in order to testify on
the points at issue. The provisions of article 28 shallbe applicable to such proceedings.
Default
Article 30
1 If, within the period of time fixed by these Rules orthe arbitral tribunal, without showing sufficient cause:(a) The claimant has failed to communicate its statement of claim, the arbitral tribunal shall issue anorder for the termination of the arbitral proceedings, unless there are remaining matters that
may need to be decided and the arbitral tribunal
considers it appropriate to do so;(b) The respondent has failed to communicate its
response to the notice of arbitration or its statement of defence, the arbitral tribunal shall orderthat the proceedings continue, without treatingsuch failure in itself as an admission of the claimant’s allegations; the provisions of this subparagraph also apply to a claimant’s failure to submit
a defence to a counterclaim or to a claim for the
purpose of a set-off.
2 If a party, duly notified under these Rules, fails to
appear at a hearing, without showing sufficient cause
for such failure, the arbitral tribunal may proceed withthe arbitration.
3 If a party, duly invited by the arbitral tribunal to produce documents, exhibits or other evidence, fails to do
so within the established period of time, without showing sufficient cause for such failure, the arbitral tribunal may make the award on the evidence before it.

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UNCITRAL Arbitration Rules

Article 31
1 The arbitral tribunal may inquire of the parties if they
have any further proof to offer or witnesses to beheard or submissions to make and, if there are none,
it may declare the hearings closed.
2 The arbitral tribunal may, if it considers it necessary
owing to exceptional circumstances, decide, on its
own initiative or upon application of a party, to reopen
the hearings at any time before the award is made.
Waiver of right to object
Article 32
A failure by any party to object promptly to any
non-compliance with these Rules or with any requirement of the arbitration agreement shall be deemed to
be a waiver of the right of such party to make such an
objection, unless such party can show that, under thecircumstances, its failure to object was justified.

Section IV. The award
Decisions
Article 33
1 When there is more than one arbitrator, any award orother decision of the arbitral tribunal shall be made bya majority of the arbitrators.
2 In the case of questions of procedure, when there isno majority or when the arbitral tribunal so authorizes, the presiding arbitrator may decide alone, subject
to revision, if any, by the arbitral tribunal.
Form and effect of the award
Article 34
1 The arbitral tribunal may make separate awards on
different issues at different times.
2 All awards shall be made in writing and shall be final
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UNCITRAL Arbitration Rules

Closure of hearings

3
4

5

6

and binding on the parties. The parties shall carry out
all awards without delay.
The arbitral tribunal shall state the reasons uponwhich the award is based, unless the parties haveagreed that no reasons are to be given.
An award shall be signed by the arbitrators and it
shall contain the date on which the award was madeand indicate the place of arbitration. Where there ismore than one arbitrator and any of them fails tosign, the award shall state the reason for the absenceof the signature.
An award may be made public with the consent of
all parties or where and to the extent disclosure isrequired of a party by legal duty, to protect or pursue
a legal right or in relation to legal proceedings before
a court or other competent authority.
Copies of the award signed by the arbitrators shall be
communicated to the parties by the arbitral tribunal.
Applicable law, amiable compositeur
Article 35

1 The arbitral tribunal shall apply the rules of law designated by the parties as applicable to the substanceof the dispute. Failing such designation by the parties,
the arbitral tribunal shall apply the law which it determines to be appropriate.
2 The arbitral tribunal shall decide as amiable compositeur or ex aequo et bono only if the parties haveexpressly authorized the arbitral tribunal to do so.
3 In all cases, the arbitral tribunal shall decide in accordance with the terms of the contract, if any, and shalltake into account any usage of trade applicable to thetransaction.
Settlement or other grounds for termination
Article 36
1 If, before the award is made, the parties agree on asettlement of the dispute, the arbitral tribunal shalleither issue an order for the termination of the arbitral proceedings or, if requested by the parties andaccepted by the arbitral tribunal, record the settlement in the form of an arbitral award on agreed
20

UNCITRAL Arbitration Rules

Interpretation of the award
Article 37
1 Within 30 days after the receipt of the award, a party,
with notice to the other parties, may request that thearbitral tribunal give an interpretation of the award.
2 The interpretation shall be given in writing within 45
days after the receipt of the request. The interpretation shall form part of the award and the provisions ofarticle 34, paragraphs 2 to 6, shall apply.
Correction of the award
Article 38
1 Within 30 days after the receipt of the award, a party,
with notice to the other parties, may request the arbitral tribunal to correct in the award any error in computation, any clerical or typographical error, or any
error or omission of a similar nature. If the arbitral
tribunal considers that the request is justified, it shallmake the correction within 45 days of receipt of therequest.
2 The arbitral tribunal may within 30 days after thecommunication of the award make such corrections
on its own initiative.
3 Such corrections shall be in writing and shall form part
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UNCITRAL Arbitration Rules

terms. The arbitral tribunal is not obliged to give reasons for such an award.
2 If, before the award is made, the continuation of thearbitral proceedings becomes unnecessary or impossible for any reason not mentioned in paragraph 1, thearbitral tribunal shall inform the parties of its intention to issue an order for the termination of the proceedings. The arbitral tribunal shall have the power toissue such an order unless there are remaining matters that may need to be decided and the arbitral tribunal considers it appropriate to do so.
3 Copies of the order for termination of the arbitral proceedings or of the arbitral award on agreed terms,
signed by the arbitrators, shall be communicated by
the arbitral tribunal to the parties. Where an arbitralaward on agreed terms is made, the provisions ofarticle 34, paragraphs 2, 4 and 5, shall apply.

of the award. The provisions of article 34, paragraphs
2 to 6, shall apply.
Additional award
Article 39
1 Within 30 days after the receipt of the termination
order or the award, a party, with notice to the otherparties, may request the arbitral tribunal to make anaward or an additional award as to claims presented
in the arbitral proceedings but not decided by the arbitral tribunal.
2 If the arbitral tribunal considers the request for anaward or additional award to be justified, it shallrender or complete its award within 60 days after
the receipt of the request. The arbitral tribunal may
extend, if necessary, the period of time within which it
shall make the award.
3 When such an award or additional award is made, theprovisions of article 34, paragraphs 2 to 6, shall apply.
Definition of costs
Article 40
1 The arbitral tribunal shall fix the costs of arbitration in the final award and, if it deems appropriate, inanother decision.
2 The term “costs” includes only:(a) The fees of the arbitral tribunal to be stated separately as to each arbitrator and to be fixed by
the tribunal itself in accordance with article 41;(b) The reasonable travel and other expenses
incurred by the arbitrators;(c) The reasonable costs of expert advice and ofother assistance required by the arbitral tribunal;(d) The reasonable travel and other expenses of witnesses to the extent such expenses are approvedby the arbitral tribunal;(e) The legal and other costs incurred by the parties
in relation to the arbitration to the extent thatthe arbitral tribunal determines that the amountof such costs is reasonable;(f) Any fees and expenses of the appointing authority as well as the fees and expenses of the
22

UNCITRAL Arbitration Rules

Fees and expenses of arbitrators
Article 41
1 The fees and expenses of the arbitrators shall be reasonable in amount, taking into account the amountin dispute, the complexity of the subject matter, thetime spent by the arbitrators and any other relevant
circumstances of the case.
2 If there is an appointing authority and it applies or
has stated that it will apply a schedule or particularmethod for determining the fees for arbitrators ininternational cases, the arbitral tribunal in fixing its
fees shall take that schedule or method into accountto the extent that it considers appropriate in the circumstances of the case.
3 Promptly after its constitution, the arbitral tribunal shall inform the parties as to how it proposes todetermine its fees and expenses, including any rates
it intends to apply. Within 15 days of receiving that
proposal, any party may refer the proposal to theappointing authority for review. If, within 45 daysof receipt of such a referral, the appointing authority finds that the proposal of the arbitral tribunal isinconsistent with paragraph 1, it shall make any necessary adjustments thereto, which shall be binding
upon the arbitral tribunal.
4 (a)	When informing the parties of the arbitrators’fees and expenses that have been fixed pursuant to article 40, paragraphs 2 (a) and (b), thearbitral tribunal shall also explain the manner inwhich the corresponding amounts have been calculated;(b) Within 15 days of receiving the arbitral tribunal’s
determination of fees and expenses, any party
may refer for review such determination to theappointing authority. If no appointing authority
has been agreed upon or designated, or if theappointing authority fails to act within the time
specified in these Rules, then the review shall be

23

UNCITRAL Arbitration Rules

Secretary-General of the PCA.
3 In relation to interpretation, correction or completionof any award under articles 37 to 39, the arbitral tribunal may charge the costs referred to in paragraphs
2 (b) to (f), but no additional fees.

made by the Secretary-General of the PCA;(c) If the appointing authority or the SecretaryGeneral of the PCA finds that the arbitral tribunal’s determination is inconsistent with thearbitral tribunal’s proposal (and any adjustment
thereto) under paragraph 3 or is otherwise manifestly excessive, it shall, within 45 days of receiving such a referral, make any adjustments to thearbitral tribunal’s determination that are necessary to satisfy the criteria in paragraph 1. Anysuch adjustments shall be binding upon the arbitral tribunal;(d) Any such adjustments shall either be included by
the arbitral tribunal in its award or, if the award
has already been issued, be implemented in acorrection to the award, to which the procedureof article 38, paragraph 3, shall apply.
5 Throughout the procedure under paragraphs 3 and 4,
the arbitral tribunal shall proceed with the arbitration,in accordance with article 17, paragraph 1.
6 A referral under paragraph 4 shall not affect any
determination in the award other than the arbitral tribunal’s fees and expenses; nor shall it delay the recognition and enforcement of all parts of the award
other than those relating to the determination of thearbitral tribunal’s fees and expenses.
Allocation of costs
Article 42
1 The costs of the arbitration shall in principle be borneby the unsuccessful party or parties. However, thearbitral tribunal may apportion each of such costs
between the parties if it determines that apportionment is reasonable, taking into account the circumstances of the case.
2 The arbitral tribunal shall in the final award or, if it
deems appropriate, in any other award, determine
any amount that a party may have to pay to anotherparty as a result of the decision on allocation of costs.

24

UNCITRAL Arbitration Rules

Article 43
1 The arbitral tribunal, on its establishment, may
request the parties to deposit an equal amount as anadvance for the costs referred to in article 40, paragraphs 2 (a) to (c).
2 During the course of the arbitral proceedings the arbitral tribunal may request supplementary deposits
from the parties.
3 If an appointing authority has been agreed upon ordesignated, and when a party so requests and theappointing authority consents to perform the function, the arbitral tribunal shall fix the amounts of any
deposits or supplementary deposits only after consultation with the appointing authority, which may makeany comments to the arbitral tribunal that it deems
appropriate concerning the amount of such deposits
and supplementary deposits.
4 If the required deposits are not paid in full within 30
days after the receipt of the request, the arbitral tribunal shall so inform the parties in order that one ormore of them may make the required payment. Ifsuch payment is not made, the arbitral tribunal may
order the suspension or termination of the arbitralproceedings.
5 After a termination order or final award has been
made, the arbitral tribunal shall render an accounting
to the parties of the deposits received and return any
unexpended balance to the parties.

25

UNCITRAL Arbitration Rules

Deposit of costs

Administrative Rules for
UNCITRAL Arbitration
As Amended and Effective on
July 1, 2021

CONTENTSPART 1

Administrative Rules for UNCITRAL Arbitration.31

Rule 1
Rule 2Rule 3Rule 4Rule 5Rule 6
Rule 7Rule 8Rule 9Rule 10

Purpose.............................................................. 31
Definitions.......................................................... 31
Application of the UNCITRAL Arbitration Rules 2010.. 31
Application of These Rules..................................... 32
The Relationships between Part 1, Part 2 and Part 3.. 32
Derogation from the Rules..................................... 32
Interpretation of the Rules.................................... 32
Appointing Authority............................................. 33
Request for Arbitration.......................................... 33
Withdrawal of Request for Arbitration before theConstitution of the Arbitral Tribunal........................ 33
Office in Charge of Administrative Services.............. 33
Communications.................................................. 34
Service or Assistance to the Parties and the
Arbitral Tribunal................................................... 34
Language to be used in Communications between
the JCAA and the Parties or between the JCAA andthe Arbitrators .................................................... 34
Notice of Arbitral Award........................................ 34
Fees and Costs.................................................... 34
Other Services..................................................... 35

Rule 11
Rule 12Rule 13Rule 14

Rule 15
Rule 16
Rule 17
PART 2

ARBITRATOR’S REMUNERATION.......................35

Rule 18
Rule 19
Rule 20
Rule 21
Rule 22
Rule 23

Application of these Regulations............................. 35
Definitions.......................................................... 35
Hourly Charge Basis............................................. 35
Reduction of Arbitrator’s Remuneration................... 36
Payment of Arbitrator’s Remuneration..................... 36
Arbitrator’s Expenses............................................ 36

PART 3ADMINISTRATIVE FEE......................................37

Rule 24 Administrative Fee............................................... 37
Rule 25 Administrative Fee in the Case of Modification ofAmount of Claim.................................................. 38
Rule 26 Administrative Fee in the Case of Withdrawal of All
Claims................................................................ 38
Rule 27 Application in the Case of Counterclaim and Third
Party Joinder....................................................... 38
Supplementary Provisions..............................................39

29

30

Administrative Rules

Administrative Rules for
UNCITRAL Arbitration
As Amended and Effective on July 1, 2021

PART 1 Administrative Rules for
UNCITRAL Arbitration
Rule 1 Purpose

Rule 2 Definitions
1 The term “UNCITRAL Arbitration Rules” means the
UNCITRAL Arbitration Rules adopted by the United
Nations General Assembly in 1976, 2010 or 2013
applied to the arbitration proceedings in accordancewith Rule 3.
2 The term “JCAA” means the Japan Commercial
Arbitration Association.
3 The term “Party” or “Parties” means one or moreclaimants and respondents.
4 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.
5 The term “Commercial Arbitration Rules” means
the Commercial Arbitration Rules of the JCAA.
6 The term “Interactive Arbitration Rules” means
the Interactive Arbitration Rules of the JCAA.
Rule 3 Application of the UNCITRAL Arbitration
Rules 2010
The UNCITRAL Arbitration Rules adopted by the United
31

Administrative Rules

These “Administrative Rules for UNCITRAL Arbitration”(the “Rules”) provide for the procedures and other necessary matters integrated into and supplemental to the
UNCITRAL Arbitration Rules relating to arbitration administered by the JCAA where the Parties have agreed toresolve their dispute by arbitration under the UNCITRAL
Arbitration Rules. With regard to the provisions of Part 2
and Part 3, if the provisions of these Parts are in conflictwith the provisons of the UNCITRAL Arbitrtion Rules, theformer provisions are to be applied.

Nations General Assembly in 2010 shall apply where an
arbitration agreement provides for arbitration under the
UNCITRAL Arbitration Rules without specifying which version (i.e., the UNCITRAL Arbitration Rules adopted in
1976, 2010 or 2013).
Rule 4 Application of These Rules
1 The JCAA shall, in either of the following cases, provide administrative services for arbitration under the
UNCITRAL Arbitration Rules in accordance with Rules
5 through 17 below:(a) Where the Parties have agreed in advance tohave the JCAA provide administrative services
for arbitration under the UNCITRAL Arbitration
Rules; or(b) Where the Parties agree in writing to arbitration
conducted under the Rules and notify the JCAA
of such agreement (i) after the claimant hasrequested arbitration under the Commercial
Arbitration Rules or the Interactive Arbitration
Rules but (ii) before the confirmation or
appointment of any arbitrator by the JCAA.
In the case of (b) above, the proceedings conductedunder the Commercial Arbitration Rules or theInteractive Arbitration Rules before such agreement isreached shall remain in effect.
2 The arbitral proceedings administered under Rule
4.1 shall be conducted under the Rules and, if notprovided in the Rules, the UNCITRAL Arbitration Rules.
Rule 5 The Relationships between Part 1, Part 2
and Part 3
Part 2 and Part 3 of the Rules shall apply as the integral
part of Part 1 of the Rules.
Rule 6 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 varying any of theRules except for Part 2 and Part 3 of the Rules.
Rule 7 Interpretation of the Rules
1 The authentic texts of the Rules shall be English.
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Administrative Rules

2 In the event of any difference as to the interpretationof the Rules, the interpretation of the JCAA shallprevail; provided that the interpretation of an arbitral
tribunal as to the provisions of Part 1 of the Rules
shall prevail over that of the JCAA in the arbitration
proceedings before such arbitral tribunal.
Rule 8 Appointing Authority

Rule 9 Request for Arbitration
1 To request the initiation of arbitral proceedings under
Rule 4.1(a), the claimant shall submit in writing to
the JCAA a request for arbitration (the “Request for
Arbitration”) setting forth the matters provided forin Articles 3.3 and 20.2 of the UNCITRAL Arbitration
Rules.
2 Arbitral proceedings shall be deemed to havecommenced on the date on which the Request for
Arbitration has been received by the JCAA.
3 The JCAA, on having confirmed that the Request for
Arbitration has been made in conformity with Articles
3.3 and 20.2 of the UNCITRAL Arbitration Rules andthe administrative fee has been paid, shall promptly notify the claimant and the respondent thereof. A
copy of the Request for Arbitration shall be attachedto such notice to the respondent.
4 Rules 9.1 through 9.3 shall apply mutatis mutandis toa counterclaim made by the respondent.
Rule 10 Withdrawal of Request for Arbitration
before the Constitution of the Arbitral Tribunal
Before the constitution of the arbitral tribunal, the claimant may withdraw its claim by submitting a notice to the
JCAA in writing (the “Notice of Withdrawal”) statingthat the claimant withdraws the claim. The JCAA shallnotify the respondent of the Notice of Withdrawal.
Rule 11 Office in Charge of Administrative Services
The JCAA shall notify, together with the notice of Request
for Arbitration under Rule 9.3, the Parties of which of its
33

Administrative Rules

Unless otherwise agreed by the Parties, the JCAA shallserve as the appointing authority provided for in the
UNCITRAL Arbitration Rules where the Rules apply.

offices is taking charge of the administrative services.
Rule 12 Communications
A Party shall transmit a notice or any material submitted
in writing 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 a notice or any
material in writing in the arbitral proceedings to theParties.
Rule 13 Service or Assistance to the Parties andthe Arbitral Tribunal
The JCAA shall, at the request of the arbitral tribunal oreither Party, make arrangements for interpreting, making a stenographic transcript of hearings, or providing ahearing room.
Rule 14 Language to be used in Communications
between the JCAA and the Parties or between the
JCAA and the Arbitrators
Communications between the JCAA and the Parties or
between the JCAA and the arbitrators shall be made ineither English or Japanese.
Rule 15 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 under Rule 16.
2 The JCAA shall keep one original of the arbitral award.
Rule 16 Fees and Costs
1 The claimant, when it submits a Request for
Arbitration, shall pay an administrative fee to the
JCAA under Part 3 of the Rules. The respondent shall
pay such administrative fee when it submits a counterclaim.
2 Notwithstanding Articles 43.1 and 43.2 of the
UNCITRAL Arbitration Rules, the JCAA, if it considers it
necessary, may request either or both of the Parties to
pay all or part of the fees and costs in advance.
3 If a party fails to pay the fees or costs under Rule16.1 and 16.2, the arbitral tribunal may suspend or34

Administrative Rules

Rule 17 Other Services
The JCAA may, upon request of the arbitral tribunal or
the Parties, provide any services which are not stipulated
under the Rules, if the JCAA finds it appropriate.

PART 2

ARBITRATOR’S REMUNERATION

Rule 18 Application of these Regulations
The provisions of Part 2 shall apply to the arbitrator’s
remuneration and related matters for arbitration under
the UNCITRAL Arbitration Rules administered by the
JCAA.
Rule 19 Definitions“Arbitration Hours” shall mean the time reasonably
required to conduct the arbitral proceedings; provided
that, only one-half of the traveling time the arbitrator
spends for arbitral proceedings shall be included in the
Arbitration Hours.
Rule 20 Hourly Charge Basis
1 The amount of an arbitrator’s remuneration shall bebased on the hourly rate multiplied by the number ofthe Arbitration Hours. The amount of each arbitrator’s
remuneration shall be fixed by the JCAA.
2 The JCAA shall determine an hourly rate within therange of USD500 to USD1,500 for each arbitrator

35

Administrative Rules

terminate the arbitral proceedings unless the otherParty pays such unpaid amount instead.
4 When terminating the arbitral proceedings, the arbitral tribunal shall fix the amounts of the various
costs referred to under Article 40 of the UNCITRAL
Arbitration Rules and the amount of the administrative
fee and the other costs stipulated under the Rules,
and apportion these fees and costs between theParties. Notwithstanding Article 43.5 of the UNCITRAL
Arbitration Rules, the JCAA shall render to the Parties
an account of these fees and costs paid in advance,and return any unexpended balance to either or bothof the Parties.

taking into account the arbitrator’s experience, thecomplexity of the case and related matters, and in
appropriate cases after giving the Parties an opportunity to comment; provided that the hourly rate for thepresiding arbitrator shall not be lower than the hourly
rate for the other arbitrators.
3 Notwithstanding Rule 20.2, the JCAA may determine
any other hourly rate if all of the Parties agree.
4 The arbitrator(s) shall provide the JCAA with amonthly report by the 20th of the following monththat states the Arbitration Hours under Rule 19 and a
description of the work performed for each day.
Rule 21 Reduction of Arbitrator’s Remuneration
1 If an arbitrator ceases to perform his or her duties
due to his or her resignation or other reasons during arbitral proceedings, the JCAA, in consideration of
the circumstances that led to the ceasing of his or her
duties, may decide to reduce the arbitrator’s remuneration calculated under Rule 20.
2 When the JCAA decides to reduce the arbitrator’s
remuneration under Rule 21.1, the JCAA shallconsult with the Committee for Reviewing Arbitrator’s
Remuneration and take into account the Committee’s
proposal.
3 The JCAA’s decision to reduce the arbitrator’s
remuneration under Rule 21.1 shall be final.
Rule 22 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 37 through 39 of the UNCITRAL Arbitration
Rules has passed, upon the arbitrator’s rendering an
arbitral award or making a determination to terminate
the arbitral proceedings, or upon termination of arbitral proceedings for any other reason.
2 Notwithstanding Rule 22.1, with the consent of all theParties, the JCAA may pay to the arbitrator his or her
remuneration before the time limit under Rule 22.1, if
the arbitral proceedings are expected to be prolonged.
Rule 23 Arbitrator’s Expenses
1 The arbitrator shall be entitled to reimbursement by
the JCAA of his or her reasonable hotel and other
36

Administrative Rulesexpenses.
2 The Parties shall bear the above expenses and entrust
to the JCAA the necessary work for reimbursementof such expenses. The JCAA shall reimburse thearbitrator’s expenses if the arbitrator submits to the
JCAA the receipt or any equivalent documentary
evidence thereof.

PART 3ADMINISTRATIVE FEE

1 The administrative fee that the claimant shall pay at thetime of submitting a Request for Arbitration shall be thefollowing amount plus applicable consumption tax:
Amount or
Economic Value of ClaimAmount of
Administrative FeeLess 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

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(JPY 25,000,000 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 Where the claim includes a claim for interest,
damages, or other amounts accruing or being caused
continuously, the administrative fee shall be calculated
based upon the amount of the claim plus the amount37

Administrative Rules

Rule 24 Administrative Fee

of interest, damages, or other such amount for aperiod of one year from the date of submitting theRequest 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.
Rule 25 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 anotherclaim, the administrative fee shall be the amountobtained by applying Rule 24 to the claim as modified; provided that “the date of submission of theRequest for Arbitration” under Rule 24.3 shall be readas “the date of increasing the amount of the claim or
adding another claim.”
2 Rule 25.1 shall apply mutatis mutandis if theeconomic value of the claim which has been deemed
to be JPY70,000,000 under Rule 25.2 is found to
excess JPY70,000,000.
Rule 26 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.
Rule 27 Application in the Case of Counterclaim
and Third Party Joinder
Rules 24 through 26 shall apply to (a) a counterclaim
made by the respondent and (b) a claim made against
the third party who has joined the arbitration proceedings.

38

Administrative Rules

Supplementary Provisions

39

Administrative Rules

1 The Rules shall come into effect on July 1, 2021.
2 Any arbitral proceedings commenced before the Rules
come into effect shall be governed by the former
Rules; provided that subsequent proceedings may,upon agreement of the Parties, be conducted pursuant
to the 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.

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