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艇嶬數壓議了崔遍匈 >>隈舵哂猟井>>FREMD LAW >> 猟嫗坪否
The Rules of Maritime Arbitration of the Japan Shi
褒似徭強獄徳 猟嫗栖坿才貧廬墮   窟下宀admin   窟下扮寂2001-7-28   堋響9299

 

[Section 797]  If the parties contend that the arbitration procedure  
  entered upon is not one which is to be allowed, or in particular, that  
  no legally binding agreement of arbitration has been made, or that the  
  arbitration agreement does not relate to the controversy to be  
  settled, or that the arbitrators have no power to exercise their  
  office, nevertheless the arbitrators may proceed with their function  
  and make an award.                            
                                       
  [Section 798]  When an award is to be made by several arbitrators, it  
  shall be decided by a majority vote of the arbitrators, unless  
  otherwise provided in the arbitration agreement.             
                                       
  [Section 799]                              
                                       
  (1) The award shall bear date of the day on which it was prepared  
  and be signed and sealed by the arbitrators.               
                                       
  (2) Authentic copies of the award  signed and  sealed by the  
  arbitrators shall be served on the parties, and the original document  
  of award accompanied by a certificate of service shall be deposited  
  with the Office of Clerks of the competent Court.            
                                       
  [Section 800]  As between the parties the award shall have the same  
  effect as a final and conclusive judgement of a Court of Justice.  
                                       
  [Section 801]                              
                                       
  (1) Application to set aside an award may be made in any of the  
  following cases:--                            
                                       
  1. Where the arbitration was one which ought not to have been  
  allowed;                                 
                                       
  2. Where the award orders a party to do an act which is prohibited by  
  law;                                   
                                       
  3. Where in the arbitration procedure the parties were not lawfully  
  represented;                               
                                       
  4. Where the parties were not heard in the arbitration procedure;  
                                       
  5. Where the award does not show the ground on which the decision was  
  made;                                  
                                       
  6. Where for any of the reasons specified in 4,5,6 7 and 8 of section  
  420 a motion for a new trial is to be allowed.              
                                       
  (2) Where otherwise agreed between the parties, an award cannot be  
  set aside for the reasons specified in 4 and 5 in the preceding  
  sub-section.                               
                                       
  [Section 802]                              
                                       
  (1) Execution by virtue of an award can be carried out only if if  
  it is pronounced to be allowed by an execution-judgement.        
                                       
  (2) No such execution-judgement as is referred to in the preceding  
  sub-section shall be given, if there exists any ground upon whic  
  application for setting aside an award can be made.           
                                       
  [Section 803]  After an execution-judgement has been given     
  application for setting aside the award can be made only on the ground  
  specified in 6 in Section 801, and then only if it is shown that the  
  party has, not owing 

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