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THE JAPAN COMMERCIAL ARBITRATION
ASSOCIATION
REGULATIONS FOR ARBITRATOR'S
REMUNERATION
As Amended and Effective on March 1, 2004
Article 1. Application of these Regulations
These Regulations shall apply to the arbitrator's remuneration and related matters for arbitration under the Commercial Arbitration Rules of the Japan Commercial Arbitration Association (hereinafter called the "Association").
Article 2. Arbitrator's Remuneration
The basic amount of an arbitrator's remuneration shall be based on the amount equal to the Hourly Rate multiplied by the number of the Arbitration Hours. Taking into consideration the complexity of the case, the speed of examination proceedings, the circumstances of each arbitrator, the role of the third arbitrator and other circumstances, the Association shall determine, within the upper limit specified in the annexed table, the amount of remuneration for each arbitrator pursuant to these Regulations.
Article 3. Arbitration Hours and Hourly Rate
- The term "Arbitration Hours" means the time spent for hearings and the time reasonably required for preparation for arbitral proceedings and related matters; provided that, only one-half of the traveling time the arbitrator spends for arbitral proceedings shall be added to the Arbitration Hours except for the time spent for preparation for arbitral proceedings.
- Taking into consideration their experience as arbitrators, the complexity
of the case and related matters, the Association will determine an Hourly Rate
out of ¥40,000, ¥30,000 and ¥25,000 for each arbitrator upon hearing
the party's opinion as to the remuneration of the arbitrator appointed by that
party and upon hearing all the parties' opinions as to the remuneration of the
sole or the third arbitrator; provided that the Hourly Rate for the third arbitrator
shall not be lower than those for the other arbitrators.
- Notwithstanding the provisions of the preceding paragraph, all the parties and the arbitrator(s) may unanimously agree to any other Hourly Rate whatsoever before conclusion of the examination proceedings. The parties, when reaching such agreement, shall without delay notify the Association of the agreed Hourly Rate.
- If one of the arbitrators has been entrusted by the arbitral tribunal to draw up a draft of the arbitral award or to do any other things, an amount equal to Hourly Rate multiplied by the number of hours spent for the entrusted work shall be added to the amount calculated pursuant to the preceding three (3) paragraphs, and such total amount shall be the basic amount of remuneration for that arbitrator as calculated under the provisions of Article 2.
- The arbitrator(s) shall provide the Association with a monthly report stating the time reasonably required for preparation for arbitral proceedings and related matters as well as the traveling time set forth in the proviso of Paragraph 1 of this Article.
Article 4. Reduction of Hourly Rate
- When the Arbitration Hours exceed sixty (60) hours, the Hourly Rate shall be reduced by ten (10)% for every fifty (50) hours in excess of the initial sixty (60) hours; provided that the reduction shall not exceed fifty (50)% of the original Hourly Rate and provided further that the Hourly Rate for the time spent for the entrusted work by the arbitrator entrusted to do such work as set forth in Article 3, Paragraph 4 shall be equal to that arbitrator's original Hourly Rate.
- At the time of calculating the number of hours set forth in the preceding paragraph, the traveling time set forth in the proviso of Article 3, Paragraph 1 shall not be counted.
Article 5. Reduction of Arbitrator's Remuneration
In case an arbitrator loses his or her status as an arbitrator due to his or her resignation or other reasons during arbitral proceedings, the Association may, in consideration of the circumstances, reduce the arbitrator's remuneration calculated under the provisions of Articles 2 through 4.
Article 6. Committee for Reviewing Arbitrator's Remuneration
- If any arbitrator or party considers the application of the provisions of Articles 2 through 5 inappropriate, that arbitrator or party may request the Association to review the applications of such provisions. Such request shall be made as early as possible, and at the latest by the time of concluding the examination proceedings.
- In case a request under the provisions of the preceding paragraph has been made to the Association, the Committee for Reviewing Arbitrator's Remuneration (hereinafter called the "Committee") shall decide whether or not the request has merit. If the Committee accepts the request, it may set the arbitrator's remuneration at any appropriate amount notwithstanding the provisions of Articles 2 through 5.
- The Committee's determination under the provision of the preceding paragraph shall be final and no appeal shall be allowed against the arbitrator's remuneration so determined.
Article 7. Payment of Arbitrator's Remuneration
- The Association shall pay to the arbitrator his or her remuneration without delay upon the arbitrator's rendering of an arbitral award or upon the withdrawal of the request for arbitration.
- The Association shall pay to the arbitrator his or her remuneration without delay upon the arbitrator's loss of his or her status as an arbitrator due to his or her resignation or other reasons.
Article 8. Arbitrator's Expenses
- The arbitrator shall be entitled to reimbursement by the Association of his or her actual expenses incurred to the extent required for arbitral proceedings, including expenses for travel, hotels, meals and other expenses, and which are defined as "necessary expenses incurred during the proceedings" in Rule 69 of the Commercial Arbitration Rules of the Association.
- The travel expenses shall include air, train and taxi fares.
- The arbitrator's expenses set forth in Paragraph 1 shall be paid by the Association when the arbitrator has provided documentary evidence thereof to the Association.
Annex to The Regulations for Arbitrator's Remuneration
Upper Limit of the Arbitrator's Remuneration
- A sole arbitrator
| Amount or Economic Value of Claim |
Maximum Amount of Remuneration |
| Not more than ¥20,000,000 |
10.5% |
More than ¥20,000,000
but not more than ¥100,000,000 |
¥2,100,000 plus 2.625% of excess over ¥20,000,000 |
More than ¥100,000,000
but not more than ¥500,000,000 |
¥4,200,000 plus 1.575% of excess over ¥100,000,000 |
More than ¥500,000,000
but not more than ¥1,000,000,000 |
¥10,500,000 plus 0.42% of excess over ¥500,000,000 |
More than ¥1,000,000,000
but not more than ¥5,000,000,000 |
¥12,600,000 plus 0.105% of excess over ¥1,000,000,000 |
| More than ¥5,000,000,000 |
¥16,800,000 plus 0.084% of excess over ¥5,000,000,000 |
| Claim whose economic value cannot be calculated or is extremely difficult of its calculation |
As determined by the Association |
- Two or more arbitrators
| [(Maximum Amount of Remuneration of a sole arbitrator) X (number of arbitrators) X 0.8] shall be the maximum aggregate remuneration for two or more arbitrators. |
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