GUIDE to TOMAC ARBITRATION


2. Certification

When a certification of an objective fact is required during the arbitration proceedings, the parties may request the issuance of certification of the objective fact.

(1) Certification Request Form
CERTIFICATION REQUEST FORM (Sample)
day/month/year

To: TOMAC

Party name:

We hereby request a certification of the following matter:

[Requested Issue for Certification]

That in the town of in Prefecture , the 20th of July each year is a local holiday, "Ocean Memorial Day," and that on that day customs facilities, port stevedores and banks are closed for business.

Explanation of Certification Request Form
TOMAC also handles certifications. The sample is a typical example of the sort of certification requests that are referred to TOMAC.
 
When the issues referred are requests for certification of a vessel's fuel consumption and speed, the certification may be similar to the issue ruling.
(2) Certification
CERTIFICATION (Sample)

We hereby certify as follows with respect to the issue reference dated day/month/year by ____________, the referencing party.

[Requested Issue for Certification]

That in the town of ______ in Prefecture ______, the 20th of July each year is a local holiday, "Ocean Memorial Day," and that on that day customs facilities, port stevedores and banks are closed for business.

[Certification]

With respect to the above Requested Issue for Certification, we hereby certify that it is true and correct.

day/month/year

 
TOMAC
Certifier (Signature)
Certifier (Signature)
Certifier (Signature)

 
Explanation of Certification
Although some certifications are similar to issue rulings, the difference between an issue ruling and a certification is that while the former expresses the results of the appraisers' investigation into a certain issue, the certification consists of the confirmation of an objective fact.

Accordingly, while the issue ruling form includes a statement of the experts' opinion, the certification merely consists of confirmatory language. As such, certifications are comparatively simpler than issue rulings.
<NEXT PAGE>

[BACK TO GUIDE TOP]