Appointing
Authority
Rules
2021

It is recommended that the parties wishing to select
JCAA as appointing authority insert the following
wording in their arbitration agreement.

The parties agree to apply the Appointing
Authority Rules of the JCAA to appoint one ormore arbitrators.

CONTENTS
Appointing Authority Rules..............................................1
Article 1 Scope of Application.............................................. 1
Article 2 Definitions........................................................... 1
Article 3 Language............................................................. 1
Article 4 Notification........................................................... 1Article 5 Periods of Time..................................................... 2Article 6 Application........................................................... 2Article 7 Notification of Application....................................... 3
Article 8 Scope of Services.................................................. 4Article 9 Manner of Appointment.......................................... 4
Article 10 Exclusion of Liability............................................ 5Article 11 Application Fee................................................... 5
Supplementary Provisions................................................5i

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Appointing Authority Rules

Appointing Authority Rules
Effective on July 1, 2021

Article 1 Scope of Application
Appointing Authority Rules (the “Rules”) provide for theprocedures and the other necessary matters relatingto appointment of impartial and independent arbitrator
where the Parties agree to empower the JCAA to appoint
one or more arbitrators, or the Parties agree to apply theRules.
However, the Rules shall not apply where the arbitration is conducted under the UNCITRAL Arbitration Rules
supplemented by the Administrative Rules for UNCITRAL
Arbitration of the JCAA, the Commercial Arbitration Rulesof the JCAA, or the Interactive Arbitration Rules of theJCAA.
Article 2 Definitions
1 “JCAA” means the Japan Commercial Arbitration
Association.
2 “Party” or “Parties” means the applicant(s),the responding party (parties), or both parties.
“Applicant” means one or more parties requesting
services under the Rules and “Responding Party”
means one or more parties responding to such
request.
3 “In writing” or “written” includes electronic documents. “Electronic documents” include electronic,
magnetic and any other recording media used in information processing by a computer or other electronicdevice.
Article 3 LanguageCommunications between the JCAA and the Parties, orbetween the JCAA and the arbitrator candidates shall bemade in either English or Japanese.
Article 4 Notification
1 Any notification and written submission under theRules (collectively, “Communication”) shall be made

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7by courier, registered mail, email, facsimile, or any
other reasonable means.
A Communication shall be sent to the street address,
habitual residence, or place of business of theaddressee (including the street address or habitualresidence of the addressee’s representative, if theaddressee is a legal entity or other association), theemail address usually used by the addressee (if theaddressee has designated an email address, suchemail address), facsimile number or any address designated by the addressee (collectively, “Address forCommunication”).
A Communication shall be effective upon receipt.
If the addressee refuses to receive a Communication,
the Communication shall be deemed to have been
received on the fourth day after dispatch or on theday of the refusal (where such date can be ascertained).
If the Address for Communication of the addressee
cannot be ascertained after reasonable efforts by theother Parties, a Communication may be sent to thelast-known Address for Communication. In this case,the Communication shall be deemed to have been
received on the fourth day after dispatch.
If a Communication is deemed to have been received
under Article 4.5, any subsequent Communication
may be made in accordance with Article 4.5.
Any change to the Parties’ Address for Communication
shall be promptly communicated to the JCAA and theother Parties.
Article 5 Periods of Time

1 For the purpose of calculating a period of time underthe Rules, the date when the Communication is delivered or deemed to be delivered shall be excluded
from the relevant time period.
2 Non-business days or official holidays occurring during
the running of the period of time are included in calculating the period. If the last day of such period isa non-business day or a holiday at the place of theaddressee, the period shall expire on the following
business day.
Article 6 Application
1 To request appointment of arbitrator under the Rules,
2Appointing Authority Rules

the Applicant shall submit in writing to the JCAA anapplication (the “Application”) setting forth the following:(1) a request that one or more arbitrators to beappointed by the JCAA under the Rules;(2) a reference to the agreement that empowers theJCAA to appoint one or more arbitrators;(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
address and other known contact details;(4) the full name, street address and other contact
details of the Parties’ counsel (if any);(5) the full name, street address and other contact
details of the appointed arbitrator (if any);(6) the details of the agreement between the Partiesor the Applicant’s opinion concerning the appointment of arbitrator, if any, which include the following:(a) the number of arbitrators;(b) the manner of appointment of arbitrator;(c) the place of arbitration; and(d) the language of arbitration.
(7) the request for arbitration and, if any, answer;
and(8) the estimated amount of dispute.
2 The Application shall be accompanied by a copy of theagreement set forth in Article 6.1 (2) and, if any, theagreement set forth in Article 6.1(6).
3 The Applicant shall pay the application fee as requiredby Article 11 upon application. If the Applicant fails topay the application fee within the time limit designated by the JCAA, the JCAA shall consider that no application has been made.
Article 7 Notification of Application
1 Where an Application has been duly made in accordance with Article 6, the JCAA shall promptly notify
the Responding Party thereof.
2 The Responding Party shall submit its opinion on theApplication (including the reasons, if any, why no arbitrator should be appointed by the JCAA) to the JCAA
within two weeks from the date of receipt of the notification set forth in Article 7.1.
3 If the JCAA finds that the opinion submitted by theResponding Party under Article 7.2 justifies that no3

arbitrator should be appointed by the JCAA, it shalldecline to appoint an arbitrator.
4 If the Responding Party fails to submit its opinion tothe JCAA within the time limit under Article 7.2, theJCAA may proceed with the appointment of arbitrator
as requested in the Application.
5 The JCAA may decline to appoint an arbitrator in thereasonable exercise of its discretion in exceptional circumstances.
Article 8 Scope of Services
1 The JCAA shall provide one or more following services,
as requested in the Application:(1) appointment of a sole arbitrator;(2) appointment of one or more arbitrators if several
arbitrators are to be appointed;(3) appointment of the presiding arbitrator; and(4) appointment of a substitute arbitrator in the caseof challenge, removal, resignation or death ofarbitrator before the termination of arbitral proceedings.
2 The JCAA shall decide on challenge of arbitrator who
has been appointed by the JCAA under the Rules, if sorequested by the Parties.
Article 9 Manner of Appointment
1 The JCAA shall appoint an arbitrator in accordancewith the agreement of the Parties, and the applicablearbitration rules.
2 In the absence of such agreement or applicable arbitration rules concerning the manner of appointment ofarbitrators, the JCAA shall, in principle, having regard
to the opinions of the Parties, appoint an arbitrator inpursuant to the procedure below:(1) The JCAA shall send the Parties a list of arbitrator candidates. Each Party shall, within one weekfrom the date of receipt of such list, number thearbitrator candidates in the order of preference
and return the list to the JCAA.
(2) After receiving the list under Article 9.2 (1) fromboth Parties or, if either Party fails to send such
list to the JCAA within the time limit under Article
9.2 (1), after the expiration of such time limit,
the JCAA shall promptly appoint an arbitrator,
taking into account the order of preference indi4

Appointing Authority Rules

cated by the Parties and any other circumstances, and promptly notify the Parties thereof.
3 When appointing the arbitrator, the JCAA shall consider the arbitrator candidate’s background, nationality,
place of residence, language skill, expertise, experience as arbitrator, availability, and any other relevant
factors.
Article 10 Exclusion of Liability
JCAA (including its directors, officers, employees andother staff) shall not be liable for any act or omission inconnection with the proceedings conducted under theRules unless such act or omission is shown to constitutewillful misconduct or gross negligence.
Article 11 Application Fee
The application fee for the services specified in Article
8 is as follows:(a) appointment of arbitrator: JPY100,000 plus consumption tax per arbitrator;(b) decision on challenge of arbitrator: JPY300,000
plus consumption tax per arbitrator.

Supplementary Provisions
The Rules shall come into effect on July 1, 2021.

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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