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GUIDE to TOMAC ARBITRATION

3. DOCUMENTATION FOR APPLICATION

Table of Contents

APPLICATION FOR ARBITRATION

APPLICATION FOR ARBITRATION (sample) *1

Original *2

______________, 20____ *3

To: Tokyo Maritime Arbitration Commission of The Japan Shipping Exchange, Inc.

Claimant: _________________ *4
Representative: _________________ *5
Attorney for the Claimant: _________________ *6

Respondent: _________________
Representative: _________________

GIST OF CLAIM

1. The Respondent shall pay to the Claimant US$_________________
2. The costs of arbitration to be borne by the Respondent....

GROUND OF CLAIM

1. _________________
2. _________________
3. _________________ ...


Attorney for the Claimant __________________ *7

Annexed Documentation: *8
  1. Evidence (Claimant's Exhibits No.A-1 through A-5)
  2. Certificates of Qualifications for the Claimant
  3. Document to Empower an Attorney

Explanation of Arbitration Application

  1. (Note 1.) When the application is being filed for Simplified (or SCAP) Arbitration this should be made absolutely clear by indicating "Application for Simplified (or SCAP) Arbitration."When the amount in dispute does not exceed Yen20,000,000 (or Yen5,000,000), the Claimant may file for either Ordinary Arbitration or Simplified (or SCAP) Arbitration.
  2. (Note 2.) At least two originals (each with original stamp or signature) shall be submitted.
  3. (Note 3.) Provide the date the application was filed.
  4. (Note 4.) Provide the name of the Claimant and the address.
  5. (Note 5.) Indicate the names of the representatives.
  6. (Note 6.) Indicate the name of the attorney when appointed.
  7. (Note 7.) Claimant's signature. Where an attorney has not been appointed, the Claimant's corporate representative shall clearly indicate this and sign the application. Where an attorney of the Claimant has been appointed, such shall be clearly stated and the attorney shall sign the application.
  8. (Note 8.) List of the documentation attached. Listed here are documentary evidence, certificate of qualifications for representative of the Claimant, and document to empower an attorney where an attorney has been appointed.

Certificate of Representative Qualifications

    In order to have TOMAC accept an application for arbitration of a dispute arising between corporations, the Claimant must provide the certificate of representatives to verify the corporate identity.

Document Empowering an Agent or Attorney

POWER OF ATTORNEY (sample)

We appoint attorney-at-law Morio Yamakawa as our legal representative in the arbitration arising out of the dispute over the time charter for the M/V Peaceful Progress in accordance with the following conditions.

  1. All power necessary to conduct arbitration proceedings in TOMAC with regard to the dispute arising out of the time charter of the S.S. Heisei Maru dated 1 December, 2014.
  2. ____.

1 December, 2015

No. 32 Akashi-machi, Chuo-Ku, Kobe-Shi, Hyogo-Ken
Kaisan Bussan Co., Ltd.

Representative Director Hirano Sakae (Signature)

 

2. PREPARATION FOR THE ARBITRATION 4. DEFENSE SUBMITTED BY THE RESPONDENT