Japanese(Nihongo)
HOME > Arbitration at TOMAC > GUIDE to CONCILIATION at JSE > 1. Filing of the Request

TOMAC Arbitration
WaveLength(JSE Bulletin)
Laws of Japan
Maritime Law Firms in Japan
The Mariners' Digest
Web Links
Contact
Total Access:

GUIDE to CONCILIATION AT JSE

1. Filing of the Request to Commence the Conciliation Proceedings

    According to Section 1 of the Conciliation Rules, there are two ways to request conciliation:

  • (1) When it is difficult for some reason for all the parties to agree directly on conciliation as the means to settle a dispute, a party or some of the parties may file a written Request for Conciliation with JSE together with the preliminary investigation fee.
  • (2) When all the parties to a dispute agree to conciliation of the dispute, they shall file a written Submission for Conciliation with JSE together with the preliminary investigation fee.

    Please refer to the respective preliminary investigation and conciliation fees for cases (1) and (2) above.

(1) When one party requests conciliation by filing a written request for conciliation

Request for Conciliation

REQUEST FOR CONCILIATION (Example) *1

Complainant*2
Excellent Shipping Co., Inc.
32, Akashi-cho, Chuo-ku, Kobe
John BAYSWATER, Representative Director
Respondent
Japan Materials Kabushiki Kaisha
3-16, Nihonbashi Muromachi 2-Chome Chuo-ku, Tokyo
Hardy STOCKMANN, Representative Director

CONCILIATION REGARDING DISPUTE
OVER MS HEISEI MARU FORWARDING CONTRACT*3

    The Complainant wishes to apply for conciliation under Section 1(1) of the JSE Conciliation Rules (the "Conciliation Rules") regarding a dispute between the parties as described below.

Remarks*4

    Excellent Shipping Company, Inc. (the "Complainant") accepted consignment by Japan Materials Kabushiki Kaisha (the "Respondent") for forwarding a machinery system to be loaded on board MS HEISEI MARU (5,000 d/t) (the "Vessel") at Hong Kong for discharge at Tokyo Port and the Vessel entered Tokyo Bay as scheduled. The Respondent requested that the cargo be discharged at Yokohama Port Wharf A because of congestion at Tokyo Port, and the Complainant complied with the request. The Complainant billed Yen 30 million as the marine forwarding fee since their job was completed. The Respondent then demanded that the Complainant pay Yen 3 million to share the additional land forwarding costs from Yokohama to Tokyo which they had to pay unexpectedly.

    In view of the long-standing business relationship between the parties, the Complainant was ready to pay as much as Yen 1 million to the Respondent and proposed to do so. The Respondent did not agree to that proposal.

    The Complainant wishes to request conciliation in order to settle the matter amicably.

    The Complainant further wishes to designate JSE Tokyo Office as the place of conciliation.*5

Dated this 30th day of July, 1994

Complainant: Excellent Shipping Co., Inc.*6
(Signed)
John BAYSWATER, Representative Director

Messrs. Japan Shipping Exchange, Inc.*7
[Comment]
  1. (Note 1): Use this form and title for case (1) mentioned above.
  2. (Note 2): Identify the Complainant and the Respondent.
  3. (Note 3): It is convenient to identify the dispute by a name.
  4. (Note 4): Summarize the incident and then describe the points regarding which conciliation is being sought.
  5. (Note 5): The preferred place of conciliation should be given as the conciliator determines same under Section 8(3) of the Conciliation Rules by considering the circumstances of the case, the wishes of the parties and the need for prompt resolution.
  6. (Note 6): The Complainant shall subscribe its name and affix its seal.
  7. (Note 7): JSE, not the Tokyo Maritime Arbitration Commission of JSE (TOMAC), is in charge of conciliation and the request should therefore be addressed to JSE.

Notice of Decision to Commence or Deny Conciliation Proceedings (Example)

Notification No. 78
August 18, 1994

NOTICE OF DECISION TO COMMENCE CONCILIATION PROCEEDINGS

Complainant
Mr. John BAYSWATER, Representative Director
Excellent Shipping Co., Inc.
Respondent
Mr. Hardy STOCKMANN, Representative Director
Japan Materials Kabushiki Kaisha

CONCILIATION REGARDING DISPUTE
OVER MS HEISEI MARU FORWARDING CONTRACT

Dear Sirs:

    We wish to inform you of the decision to commence conciliation proceedings regarding the above captioned case in respect of which Messrs. Excellent Shipping Company, Inc. filed a request on July 30, 1994.

Sincerely yours,

(Signed)

THE JAPAN SHIPPING EXCHANGE, INC.
[Comment]
    Based on the Request for Conciliation, JSE examines the possibility of commencing the conciliation proceedings, recommends to the respondent that he participate in the conciliation, confirms if he is willing to do so, and notifies the parties using this form within 21 days from the filing of the request whether the conciliation proceedings will be commenced or not.

(2) When all the parties to the dispute agree to settlement of the dispute by conciliation and file a request therefor

Submission for Conciliation

SUBMISSION FOR CONCILIATION (Example) *1

Party A*2
Excellent Shipping Co., Inc. 32, Akashi-cho,
Chuo-ku, Kobe
John BAYSWATER, Representative Director
Party B
Japan Materials Kabushiki Kaisha 3-16, Nihonbashi
Muromachi 2-chome Chuo-ku, Tokyo
Hardy STOCKMANN, Representative Director

CONCILIATION REGARDING DISPUTE
OVER MS HEISEI MARU FORWARDING CONTRACT*3

    As it was agreed between the parties A and B to settle the dispute by conciliation under JSE Conciliation Rules (the "Conciliation Rules"), we request conciliation under Section 1(2) of the Conciliation Rules.

Remarks*4

    Excellent Shipping Co., Inc. ("Party A") accepted consignment by Japan Materials Kabushiki Kaisha ("Party B") for forwarding a machinery system to be loaded on board MS HEISEI MARU (5,000 d/t) (the "Vessel") at Hong Kong for discharge at Tokyo Port, and the Vessel entered Tokyo Bay as scheduled. Party B requested to have the cargo discharged at Yokohama Port Wharf A because of congestion at Tokyo Port, and Party A complied with the request.

    Party A billed Yen 30 million as the marine forwarding fee as agreed in advance since their job was completed. As the land forwarding to Tokyo took longer than expected and extra costs were incurred, Party B judged it reasonable to have Party A share the land forwarding costs of Yen 3 million and offset the same against the marine forwarding costs, and proposed this to Party A. The parties failed to reach an agreement.

    The parties wish to designate JSE Tokyo Office as the place of conciliation.*5

Dated this 30th day of July, 1994

Excellent Shipping Co., Inc.*6
(Signed)
John BAYSWATER, Representative Director
Japan Materials Kabushiki Kaisha
(Signed)
Hardy STOCKMANN, Representative Director

Messrs. Japan Shipping Exchange, Inc.*7
[Comment]
  1. (Note 1): The form is to be used in case (2) mentioned above, and all the parties concerned shall agree to consigning the case to conciliation and prepare the form together.
  2. (Note 2): Since the parties cannot be referred to as the Complainant or the Respondent, they are referred to as Party A, B, ....
  3. (Note 3): The case shall be identified by a name for convenience.
  4. (Note 4): All the parties shall summarize their relation to the case and the matters submitted for conciliation precisely, and describe them.
  5. (Note 5): Since the conciliator chooses the place of conciliation according to, among other things, the wishes of the parties, the parties shall indicate a place preferred by them.
  6. (Note 6): All the parties shall subscribe their names and affix their seals.
  7. (Note 7): JSE, not the Tokyo Maritime Arbitration Commission of JSE (TOMAC), is in charge of conciliation and the Agreement to Conciliation should therefore be addressed to JSE.

    JSE will commence the conciliation proceedings immediately if they receive the Request with the Submission for Conciliation.