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Amendment of JCAA Regulations for Arbitrator's Remuneration |
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The New Regulations applies to a case of which a request for arbitration is submitted to the JCAA on or after January 1, 2008.
(New Rule)
| Article 3. Arbitration Hours and Hourly Rate |
| 1 |
The term gArbitration Hoursh 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. |
| 2 |
Taking into consideration their experience as arbitrators, the complexity of the case and related matters, the Association will determine an Hourly Rate within the range of \30,000 to \80,000 for each arbitrator; provided that the Hourly Rate for the third arbitrator shall not be lower than these for the other arbitrators. |
| 3 |
Notwithstanding the provisions of the preceding paragraph, the Association may determine any other Hourly Rate if all of the parties agree. |
| 4 |
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. |
| 5 |
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 traveling time set forth in the proviso of Paragraph 1 of this Article. |
(Previous Rule)
| Article 3. Arbitration Hours and Hourly Rate |
| 1 |
The term gArbitration Hoursh 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. |
| 2 |
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 partyfs opinion as to the remuneration of the arbitrator appointed by that party and upon hearing all the partiesf 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. |
| 3 |
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. |
| 4 |
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. |
| 5 |
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. |
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