JCAA Amendment of JCAA Commercial Arbitration Rules

Amendment of JCAA Commercial Arbitration Rules

JCAA has amended the Commercial Arbitration Rules and it came into effect on July1, 2006. The New Rules applies to a case of which a request for arbitration is submitted to the JCAA after July 1, 2006.

(New Rule)

Rule 11. Language
1	Unless otherwise agreed by the parties, the arbitral tribunal shall determine, without delay, the language or languages to be used in arbitral proceedings. The arbitral tribunal shall, in so determining, take into consideration whether interpreting or translating will be required and how the cost thereof should be allocated.
2	The arbitral tribunal may request a party to attach to any documentary evidence its translation into the language or languages to be used in arbitral proceedings.
3	Correspondence by the party or the arbitrator with the Association shall be conducted in Japanese or English.

(Previous Rule)

Rule 11. Language
1	The language or languages to be used in arbitral proceedings shall be Japanese or English or both. The arbitral tribunal shall, except where the parties have agreed on one or both of such languages, determine, without delay, the language or languages to be used. The arbitral tribunal shall, in so determining, take into consideration whether interpreting or translating will be required and how the cost thereof should be allocated.
2	Arbitral proceedings conducted, prior to the determination of language or languages pursuant to the preceding paragraph, in a language other than the language or languages so determined shall remain valid. The Association may, if such language is one other than Japanese or English, require the submission of Japanese or English translations.
3	If it is determined that both Japanese and English are to be the languages used during arbitral proceedings, either Japanese or English may be, at a party's option, used during all arbitral proceedings, including hearings; provided that the arbitral award shall be written in Japanese and English, both versions of which shall be official, and if a discrepancy in interpretation arises between the two (2) versions, the interpretation of the Japanese version shall prevail.
4	The arbitral tribunal may request a party to attach to any documentary evidence its translation into the language or languages to be used in arbitral proceedings.