Arbitration and Mediation Center Operating Rules
Article 1 (Secretariat)
1. The secretariat of the Daini Tokyo Bar Association Arbitration and Mediation Center (the "Center") shall be located in the office of the Association.
2. Staff of the Association shall act as staff of the secretariat.
3. The secretariat shall undertake reception services, communication, service of process, accounting, and management of relevant documents.
Article 2 (Relevant Documents)
The secretariat of the Center shall maintain the following documents:
(1) Arbitrator candidate list;
(2) Case docket book;
(3) Requests and other types of forms;
(4) Case commissioning requests;
(5) Case reports;
(6) Copies of arbitration awards, settlement agreements, service of process reports; and
(7) Accounting records.
Article 3 (Place and Time of Hearings)
1. The Arbitration hearings and the mediation hearings (the "Hearings") shall take place in the Daini Tokyo Bar Association Building (the "Building") or at a place designated by the Center; provided that, in the case of an on-site inspection or other similar necessity, the arbitrator or mediator (the "Arbitrator/Mediator") may hold a Hearing at another place at his/her discretion.
2. Hearings in the Building shall, as a general rule, be held between 10:00 a.m. and 5:00 p.m. on weekdays.
Article 4 (Acceptance of Cases)
1. Filing of cases shall be accepted between 9:30 a.m. and 5:00 p.m. on weekdays.
2. A case shall be accepted when the Center receives a request form and documents provided under the Rules of Procedure for Arbitration and Mediation (the "Procedural Rules"), and payment of the filing fee.
Article 5 (Appointment of Arbitrator or Mediator)
1. An Arbitrator/Mediator candidate appointed by the Center as arbitrator or mediator may not refuse the appointment, except in the case where he/she has a conflict of interest in respect of the case or where another special obstacle exists.
2. Any Arbitrator/Mediator candidate who accepts the appointment shall enter into a case acceptance agreement with the Center.
Article 6 (Conduct of Arbitration or Mediation)
The Arbitrator/Mediator shall conduct proceedings for arbitration or mediation in accordance with the Procedural Rules, and upon completion of the case shall submit a report attaching the arbitration award or other documents evidencing the final resolution of the case.
Article 7 (Compensation for Arbitrator/Mediator)
The compensation paid by the Center to the Arbitrator/Mediator shall be as follows (provided that, as regards the completion fee, the amount may be increased or decreased by up to 500,000 yen, upon a resolution of the Arbitration and Mediation Center Operating Committee, taking into consideration the amount of pecuniary benefit shown as the resolution amount in the arbitration award or the settlement agreement, the difficulty of the case, the number of Hearings, the amount of time spent in preparation or investigations outside the hearing, etc.):
Type of Compensation / Amount of Compensation
Request Review Fee / 5,000 yen
Daily Hearing Fee / 9,000 yen
Completion Fee / 100,000 yen
Article 8 (Guaranteed Payment of Daily Hearing Fee)
When a Hearing is not held on a scheduled Hearing date due to the failure of a party to appear, and the Arbitrator/Mediator attended the Building on the scheduled date, the Association shall pay the Arbitrator/Mediator 5,000 yen.