Arbitration

What is Arbitration?

When we use the term "arbitration" in our daily life, it means to intervene in a dispute between parties and thus, leading to the resolution of such dispute; however, "arbitration" as used here has a legal meaning different from this more common understanding. In the latter type of arbitration, the existence of an arbitral agreement (arbitral contract), that is, "an agreement to appoint one or three arbitrators to make a decision on a dispute relating to private legal relation, and that both shall follow this decision" between the disputing parties is an essential prerequisite. Arbitration is also fundamentally different from mediation which is a process aimed at resolving a dispute without arbitral agreement.
When an arbitral agreement is reached and an application for arbitration is made to this Center, the resolution of a dispute shall be entrusted to three arbitrators, including at least one attorney-at-law and one patent attorney. If both parties desire to do so, each shall appoint one arbitrator, respectively, and this Center shall appoint the third arbitrator.
An arbitral award rendered by arbitrators shall have binding force on the disputing parties, and no appeal (including lawsuit) can be pursued, in principle.

Process Flow of Arbitration

Agents

It is possible for parties themselves to make an application for arbitration and to pursue it or through their agents; however, an agent shall be an attorney-at-law, a patent attorney, or any other persons who are admitted as a representative under the relevant laws and regulations.

Arbitrators

Arbitrator candidates*1 of this Center consist of attorneys-at-law, patent attorneys, and academic experts. Those who are appointed as arbitrators will address and resolve a dispute by arbitration, while taking advantage of their own expertise and experience.
See the list and background information of arbitrator candidates here.

*1 Since they become arbitrators only after the commencement of the arbitral proceedings and their subsequent appointment as arbitrators, they are referred to as arbitrator candidates until their appointments have been confirmed.

How to apply for arbitration?

One party shall submit one original copy of a written application for arbitration as an applicant, with the number of duplicates equal to the total number of respondents and arbitrators, and shall present such application and duplicates at the reception window of the Japan Intellectual Property Arbitration Center.

The written application for arbitration shall include the following items.

the names (or titles, hereinafter, the same), domiciles (or residences, hereinafter the same), and contact information (telephone number, fax number, e-mail address) of the parties, and names of the parties' representatives if the parties are juridical persons
the names and domiciles of agents, if any;
the gist of the application and grounds for the application; and
evidence to be submitted (if necessary).

The following attachments are necessary for an application for arbitration.

the document which establishes the existence of an agreement between the parties to submit the dispute to the arbitration of this Center (Arbitral Agreement);
the certificate of qualification for the applicant's representative or the respondent's representative, if either or both of them are juridical persons;
the power of attorney if an application is made by an agent
documentary evidence; and(5) duplicates of documentary evidence (the number of duplicates shall be the sum of the number of respondents and arbitrators).

The documents as set forth in (2) above are available at the Legal Affairs Bureau which exercises jurisdiction over the relevant company according to its address. Please prepare those issued within three months.

s for formats, please see the following "3.7 Formats for Arbitral Proceedings." If you have any questions, do not hesitate to contact the secretariat.

Fees for Arbitration

（1）Application Fee

100,000 yen (+tax, hereinafter the same in chapter "3. Arbitration")
The applicant shall bear this fee at the time of submitting an application for arbitration. In the case where the application is dismissed for the reasons as provided in this Center's Rules for Arbitral Proceedings, half the amount thereof (50,000 yen(+tax)) shall be reimbursed.

（2）Fee for Hearing

100,000 yen(+tax) / one hearing
Both applicant and respondent shall pay the same fee amount for each hearing (100,000 yen(+tax) each/ one hearing), and as a general rule, promptly after the termination of each arbitration hearing.

（3）Arbitral Award Drafting Fee

When an arbitral award is drafted, each party shall pay 200,000 yen(+tax) promptly after the service thereof. In addition, in the case where a settlement contract is reached in the course of the arbitral proceedings, each party shall pay 150,000 yen(+tax) promptly upon reaching such settlement.

（4）Other matters

Actual costs such as fees for interpretation, translation, inspection, experiment, business trip, and connection fees in the case of teleconferences in the arbitral proceedings, shall as a general rule, be equally borne by the parties.

Beneficiary Bank Account

Japan Intellectual Property Arbitration Center
Mitsui Sumitomo Bank Kasumigaseki branch office
Ordinary Deposit Account No. 6559091

Formats for Arbitral Proceedings

Please see the following formats for the arbitral proceedings.
（1）Written Arbitral Agreement
（2）Written Application for Arbitration
（3）Written Arbitration Answer
（4）Power of Attorney

Rules for Arbitral Proceedings

The arbitral proceedings shall be conducted in accordance with the Rules for Arbitral Proceedings.