GUIDE to TOMAC ARBITRATION

DOCUMENTATION FOR APPLICATION

 


1. APPLICATION FOR ARBITRATION

(1) Application for Ordinary Arbitration

APPLICATION FOR ARBITRATION (sample)

Original *1
_____________________ *2
Claimant: ___________________ *3
Respondent: _________________ *3

Application is hereby made by the undersigned for Arbitration by the Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc. ("TOMAC") in accordance with the TOMAC Arbitration Rules now prevailing, of the matters in dispute between:-
_______________________________________________________________________ *4 of ___________________________________________________________________ *5
Whose Legal Representative is __________________________________________ *6 and _______________________________________________________________________ *4 of ___________________________________________________________________ *5
Whose Legal Representative is __________________________________________ *6

The Place of Arbitration: Tokyo, Japan.
The main points of controversy are:- __________________________________________________________________________________________ *7
____________________________________________________________________________________________________________________________________________
____________________________________________________________________________________________________________________________________________

TO: TOMAC
Day____ Month_____ Year_____
Claimant Company Name
Representative Name ____________________ *8

Annexed Documentation: *9
1. Statement of Claim
2. Certificates of Qualifications for each Representative of the Parties
3. Power of Attorney
4. Evidence (Claimant's Exhibits No. ____)

 
Explanation of Arbitration Application
  1. (Note 1.) One original and one duplicate (each with original stamp or signature), four copies, the above being labeled, respectively, as "original," "duplicate," and "copy."
  2. (Note 2.) Provide the date the application was filed.
  3. (Note 3.) Provide the name of the parties. Write the name of the Claimant first and the Respondent next below the name of the Claimant.
  4. (Note 4.) Insert the name of the Claimant company name first, following "and," provide the name of the Respondent.
  5. (Note 5.) Indicate the addresses of the parties in the same order as above.
  6. (Note 6.) In the same manner, and in the same order, indicate the names of the representatives.
  7. (Note 7.) Concisely write out a summary of the dispute and the claims made.
  8. (Note 8.) Claimant's signature. Where an agent has not been appointed, the Claimant's corporate representative should clearly indicate this and sign the application. Where an attorney or agent of the Claimant has been appointed, such should be clearly stated and the agent should sign the application.
  9. (Note 9.) List the documentation attached. Listed here are the statement of claim, certificates of qualifications for each representative of the parties, power of attorney where an attorney has been appointed and documentary evidence.
When the application is being filed for Simplified Arbitration this should be made absolutely clear by indicating "Application for Simplified Arbitration."

 


(2)Application for Simplified Arbitration

APPLICATION FOR SIMPLIFIED ARBITRATION (sample)

Application is hereby made by the undersigned for Simplified Arbitration by the Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc. ("TOMAC") in accordance with the TOMAC Arbitration Rules now prevailing, of the matters in dispute in respect of ______________________________________________________ *1 between -

Claimant __________________________________________________________ *2
Address ________________________________________________________________________________________
Company Name _______________________________________________________________________________
Whose Legal Representative is __________________________________________________________
and
Respondent__________________________________________________________ *2
Address ________________________________________________________________________________________
Company Name _______________________________________________________________________________
Whose Legal Representative is __________________________________________________________

The Place of Arbitration: Tokyo, Japan.

Annexed Documentation *3
1. Evidence (Claimant's Exhibits Nos. ____)
2. Certificates of Qualifications for each Representative of the Parties

To: TOMAC

Day____ Month_____ Year_____
Claimant Company Name
Representative Name ____________________

TEXT *4
Application Summary

Causes of Action

 
Explanation of Application for Simplified Arbitration
Please refer to the explanation for Simplified Arbitration and particularly to the comparing of Ordinary and Simplified Arbitrations. When the amount in dispute does not exceed Yen20,000,000, the Claimant may file for either Ordinary Arbitration or Simplified Arbitration. The Respondent's consent is a condition precedent to Simplified Arbitration. If the Respondent does not respond to Simplified Arbitration, the application is deemed to have been made for Ordinary Arbitration on the date which the application for Simplified Arbitration was filed.
In order to make it clear that the application is for Simplified Arbitration and not for Ordinary Arbitration, the Claimant must use the Simplified Arbitration Form.

  1. (Note 1.) With respect to contract-based disputes, provide the title of the contract as well as the date on which the contract was formed. Concerning non-contract disputes (for instance, vessel collisions, wharf damages, etc.) , provide the date and the location of the incident as well as the names of the vessels, etc., in order that the incident may be specifically identified.
  2. (Note 2.) Clearly identify the nature of the parties involved in the dispute, such as "Charterer" and "Owner," etc.
  3. (Note 3.) The documentation attached to a Simplified Arbitration Application is the same as it is for an Ordinary Arbitration Application.
  4. (Note 4.) Following a simple itemized statement of the Application Summary (claim amount and points of claim), provide the Causes of Action (the facts supporting the claim).
 
Note that the number of copies which must be submitted is the same for Ordinary Arbitration and Simplified Arbitration, namely, one original, one duplicate, and four copies for a total of six sets.
2. 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 representative qualifications of each party to verify the corporate identity.In the case where a party is a foreign corporation and such certification is not readily available, the missing documentation should be supplemented as soon as possible subsequent to the acceptance of the application.

3. Power of Attorney for Agent

Power of Attorney (Sample)

To: TOMAC*1

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. Conduct arbitration proceedings with regard to the dispute arising out of the time charter of the M/V Peaceful Progress.
  2. Handle settlement, waive and recognize claims, withdraw suits and appoint assistant representatives in regard to the arbitration of this claim.

10 May, 1999

No. 32 Akashi-machi, Chuo-Ku, Kobe-Shi, Hyogo-Ken
Kaisan Bussan Co., Ltd.
Representative Director Hirano Sakae (Signature)

 
Explanation of the Power of Attorney
The form is used to appoint an attorney-at-law as representative.
  1. (Note 1.) Regarding the addressee, the form is addressed to TOMAC because the arbitrator has not yet been appointed at the time of arbitration application. When an attorney is appointed after the arbitrator selection, then the arbitrator is the addressee.
Because the arbitrator is obliged to examine the facts ex officio (by the Arbitration Act, Section 794, Clause 1) he may directly interview the parties and witnesses. Perhaps for this reason the parties feel less need to appoint a lawyer than they do in the case of court proceedings.

However, where a party is foreign or distant from the proceedings the inconvenience of communicating with the arbitration organ may lead parties in many such cases to appoint an attorney. Foreign parties may submit a power of attorney typically used in their country.

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