Arbitration and Mediation Center Regulations
Article 1 (Establishment of Arbitration and Mediation Center)
The Daini Tokyo Bar Association Arbitration and Mediation Center (the "Center") shall be established by the Daini Tokyo Bar Association for the purpose of undertaking speedy and fair legal resolution of disputes for citizens and thereby contributing to the protection of human rights and promotion of social justice.
Article 2 (Business)
The Center shall undertake the following business:
(1) Conduct and management of arbitration by arbitrators and mediation by mediators;
(2) Advertising and publicity of the business of the Center; and
(3) Any other business necessary to realize the purpose of the preceding Article.
Article 3 (Operation)
1. The President shall be in charge of the Center.
2. The operation of the Center shall be undertaken by the Arbitration and Mediation Center Operating Committee (the "Committee").
Article 4 (Arbitrator Candidate List)
1. The Committee shall prepare a list of arbitrator candidates (the "List") and maintain it at the Center.
2. Arbitrator candidates shall be nominated by the President from among members of the Association (excluding those with less than ten (10) years membership) after hearing the opinion of the Committee. 3. In addition to the arbitrator candidates set out in the preceding Paragraph, the President may nominate persons who have academic experience, are proficient in court practice or have professional knowledge in certain areas as arbitrator candidates after hearing the opinion of the Committee.
4. The Committee shall revise the List every three (3) years.
5. From among the information maintained about arbitrator candidates on the List, the name, address of the office, telephone number and fax number of each arbitrator candidate shall be made public by allowing public perusal,
distribution of copies, inclusion in publicity materials or websites,
distribution by faxes or emails. Other information about arbitrator candidates shall only be made public with the consent of the relevant arbitrator candidate and in the method and to the extent consented to by the arbitrator candidate.
Article 5 (Arbitrators and Mediators)
1. The Arbitrator or Mediator (collectively, the "Arbitrator(s)/Mediator(s)"), shall be selected from the List by the relevant parties or the Center; provided that, in the case where the parties agree and the Center deems it appropriate, persons other than arbitrator candidate on the List can be selected as an Arbitrator/Mediator.
2. At least one Arbitrator/Mediator in each case shall be a lawyer.
3. The Arbitrator/Mediator shall conduct arbitration or mediation proceedings in accordance with the rules adopted by the Committee.
Article 6 (Fees for Arbitration and Mediation)
Fees for arbitration and mediation shall be imposed in accordance with the rules separately adopted by the Committee.
Article 7 (Compensation for Arbitrators/Mediators)
The Center shall pay compensation to the Arbitrator/Mediator for arbitration or mediation cases, in accordance with the rules separately adopted.
Article 8 (Assistants and Professional Advisors)
1. The Center may select persons to assist the Arbitrator/Mediator ("Assistant") and/or persons with professional knowledge in a certain field to advise the Arbitrator/Mediator ("Professional Advisor").
2. Selection process, duties, and other necessary matters regarding Assistants and Professional Advisors shall be conducted in accordance with the rules adopted by the Committee.
Article 8-2 (Compensation for Assistants and Professional Advisors)
The Center shall pay compensation to Assistants and Professional Advisors for arbitration cases and mediation cases in accordance with the rules separately adopted.
Article 8-3 (Non-regular Officer)
1. The Center may employ a number of non-regular officers.
2. Non-regular officers shall be engaged in the business of the Center in accordance with the instruction of the Center.
3. The term of office of non-regular officers shall be two years; provided however, that non-regular officers may be reappointed.
4. Non-regular officers shall be appointed by the President from among the lawyer members of the Association upon the resolution of the Managing Board of the Association.
5. The President may terminate the appointment in the preceding Paragraph at any time.
6. The compensation payable to non-regular officers shall be determined by the President.
Article 9 (Accounting)
A special account shall be maintained in respect of income and expenses relating to the Center.
Article 10 (Income)
The income of the Center shall be as follows:
(1) Fees for arbitration and mediation;
(2) Subsidy from the general account;
(3) Contributions received as funds for the Center; and (4) Profits from investment of funds.
Article 11 (Expenses)
The expenses of the Center shall be as follows:
(1) Expenses relating to the business set out in Article 2;
(2) Compensation payable under Article 7;
(3) Compensation payable under Article 8-2;
(4) Compensation payable under Paragraph 6 of Article 8-3;
(5) Salary, allowances, retirement bonus and fringe benefits for secretariat employees; and
(6) Transfer of surplus amounts to the general account.
Article 11-2 (Transfers to the General Account)
Transfers to the general account under Item 6 of Article 11 shall be made by the President upon hearing the opinion of the Committee.
Article 12 (Implementation Rules)
The Committee may adopt necessary rules for implementation of these Regulations.