THE RULES OF ARBITRATION OF TOKYO MARITIME ARBITRATION COMMISSION (TOMAC)
OF THE JAPAN SHIPPING EXCHANGE, INC.

[ORDINARY RULES]

Article 1. [Purpose of these Rules]

These Rules apply to arbitrations to be held at The Japan Shipping Exchange, Inc.(hereinafter referred to as “JSE”).

Article 2. [Arbitral Tribunal]

(1) Arbitration described in the preceding Article shall be performed by the Arbitral Tribunal (including the case of a sole arbitrator, hereinafter referred to as “the Tribunal”) to be constituted by arbitrators appointed in accordance with Articles 15 to 17 and 27 hereof.
(2) The Tribunal shall perform arbitration independently of JSE and the Tokyo Maritime Arbitration Commission (hereinafter referred to as “TOMAC”).
(3) The Tribunal may continue the arbitral proceedings notwithstanding the assertion by a party of the invalidity or non-existence of the arbitration agreement. In such a case, the Tribunal may determine prior to the arbitral award that the arbitration agreement is valid.

Article 3. [Relation between an Arbitration Agreement and these Rules, etc.]

Where the parties to a dispute have stipulated, by an arbitration agreement entered into between them or by an arbitration clause contained in any other contract between them that any dispute shall be referred to arbitration of JSE or arbitration in accordance with its rules, these Rules, The Rules of Simplified Arbitration of TOMAC, and The Rules of the Small Claims Arbitration Procedure (SCAP) of TOMAC (or such version of those Rules in force at the time the application for arbitration is referred) shall be deemed to constitute part of such arbitration agreement or arbitration clause.

Article 4. [Secretariat of Arbitration]

The Secretariat of JSE shall assume and conduct for TOMAC or the Tribunal all administrative matters provided for in these Rules or directed by TOMAC or the Tribunal.

Article 5. [Documents to be Filed for Application for Arbitration]

(1) Any party desirous to apply for arbitration (hereinafter referred to as “the Claimant”) shall file with the Secretariat the following documents:

1. The Statement of Claim;
2. Documents evidencing the agreement that any disputes shall be referred to arbitration of JSE or arbitration in accordance with its rules;
3. Documentary evidence in support of the claim, if any;
4. Where the Claimant is a body corporate, a document evidencing the capacity of its representative;
5. Where an agent or attorney is nominated by the Claimant, a document empowering that person to act on behalf of the Claimant.

(2) The documents under the preceding paragraph shall be submitted in the number of copies as instructed by the Secretariat.

Article 6. [Particulars to be Specified in Statement of Claim]

The following items must be included in the Statement of Claim:

1. The names and addresses of the parties (in case of a body corporate, the address of its head office or main place of business, its legal name, the name of its representative and such representative’s capacity);
2. The relief or remedy sought and grounds thereof.

Article 7. [Acceptance of Application for Arbitration]

(1) Where the Secretariat has acknowledged that the application for arbitration conforms
with the requirements of the preceding two Articles, the Secretariat shall accept it, however where special circumstances are acknowledged, the Secretariat may accept the application for arbitration on condition that the documents required in items 3, 4, or 5 of Article 5 (1) shall be filed later.
(2) Where an application for arbitration is accepted under the preceding paragraph, a claim made in arbitral proceedings shall give rise to an interruption of limitation (protection of time bar) as of the day on which such application has arrived at the office of JSE. This shall however not apply where the arbitral proceedings have been terminated for a reason other than the arbitral award.
(3) Where a statement of claim cannot be filed with the Secretariat because of out of office hours at night, on holidays and so on, it may be submitted by e-mail or facsimile. However, the original copy thereof shall be filed together with other documents without delay, in which case the date of sending of the e-mail or facsimile shall be deemed to be the arrival date of the statement of claim to the Secretariat, if sending of e-mail or facsimile has been confirmed by the Secretariat to have taken place on that sending date.

Article 8. [Attempt of Conciliation]

(1) The Secretariat may, after accepting an application for arbitration, recommend the parties to first conciliate the dispute which is the subject of arbitration in the interest of a simple, speedy and amicable resolution of the parties’ dispute.
(2) Where the parties agree to conciliate their dispute in accordance with the preceding paragraph, TOMAC shall suspend the arbitral proceedings until the termination of conciliation proceedings.
(3) The conciliation shall be conducted by one conciliator, who shall be appointed by Chairman of TOMAC, in principle within 60 days from the date of the agreement referred to in the preceding paragraph.
(4) The conciliation proceedings shall be in accordance with the Conciliation Rules of JSE (hereinafter referred to as the “Conciliation Rules”) unless otherwise provided for in this Article.
(5) If the dispute is resolved by conciliation, the Filing Fee for arbitration shall be appropriated as part of the preliminary investigation fee and conciliation fee under the Conciliation Rules.
(6) The conciliator may become an arbitrator in the arbitral proceedings subsequent to the failure of the conciliation attempt only if the parties so agree.
(7) The Arbitration Fee for the arbitral proceedings resumed after failure of the conciliation attempt shall be the sum in accordance with the Tariff of Fees for Arbitration, minus any conciliation fee paid to and retained by JSE.

Article 9. [Instruction for Filing of Defense and Supplementary Statements]

(1) Where the Secretariat has accepted the application for arbitration, it shall forward to the other party (hereinafter referred to as “the Respondent”) a copy of the Statement of Claim together with copies of the documentary evidence submitted, and shall instruct the Respondent to send to the Secretariat and the Claimant respectively the Defense and documents in support of the Defense, if any, within 21 days from the day of receipt of such instruction, provided that an allowance of a reasonable longer period will be granted to the Respondent in cases where its address, its head office or main place of business is located in a foreign country, or otherwise where special circumstances are acknowledged. Where the Respondent is a body corporate, a document evidencing the capacity of its representative shall be sent to the Secretariat attached to the Defense.
(2) Where the Respondent nominates an agent or attorney, it shall file, on filing of the Defense, a document empowering the agent or attorney to act on its behalf.
(3) When the Claimant has received the Defense, and documentary evidence if any, the Claimant shall, if it has any objection to the Defense, send its Supplementary Statement, and further documentary evidence if any, to the Secretariat and to the Respondent, respectively, so that such Supplementary Statement, and further documentary evidence if any, are received by the Secretariat and the Respondent respectively within 14 days from the day of receipt by the Claimant of the Defense, and documentary evidence if any.
(4) In the event of any further Supplementary Statement(s) and documentary evidence being filed, the procedures provided in the preceding paragraph shall be repeated, provided the Tribunal may direct the parties not to send such Supplementary Statement(s) and/or documentary evidence.
(5) The Defense, Supplementary Statements and documentary evidence may be submitted via e-mail, facsimile or other similar methods, provided that the sending party shall bear the burden of proving that the original documents are truly established and existed at the time of submission and that the documents have in fact been submitted to the other party.
(6) The documents under this Article shall be submitted in the number of copies as instructed by the Secretariat.

Article 10. [Service of Documents]

(1) Service of Documents by Secretariat shall be effected to the address, habitual residence, place of business or office of the party or to the address of its agent or attorney indicated in the Statement of Claim or the Defense, or the place where the party designated, unless handed in person to the party or its agent or attorney in exchange for receipt.
(2) The service under the preceding paragraph may be effected via e-mail, facsimile, etc. to the address/number designated by the parties.

Article 11. [Counterclaim by the Respondent]

(1) If the Respondent wishes to apply for arbitration of a counterclaim arising out of the same cause or matter, in principle, he must do so within the period stipulated in Article 9 (1).
(2) Counterclaim applications made within the period specified in the preceding paragraph shall, in principle, be heard concurrently with the arbitration applied for by the Claimant.

Article 12. [Amendment of the Claim]

Amendment or addition of the claim, if any, must be made prior to appointment of the arbitrators, however, such amendment may be made even after the arbitrators are appointed if the Tribunal approves it.

Article 13. [Place of Arbitration]

(1) The place of arbitration shall be Tokyo or Kobe.
(2) Where no place of arbitration is designated in the arbitration agreement or the arbitration clause, Tokyo shall be the place of arbitration.
(3) Where it is not clear whether the arbitration agreement or the arbitration clause designates Tokyo or Kobe as the place of arbitration, and no mutual consent of the parties is obtained, the place of arbitration shall be Tokyo.

Article 14. [Qualification of Arbitrators]

The arbitrator(s) shall be appointed from the persons listed on the Panel of TOMAC Arbitrators and who have no connection with either of the parties or with the matter in dispute. However, TOMAC may appoint a person or persons not on the Panel if TOMAC deems such appointment necessary.

Article 15. [Appointment of Arbitrators in Two Parties' Case]

(1) Each party shall nominate an arbitrator from the persons satisfying the requirement under the preceding Article and the two arbitrators thus nominated shall, in principle, nominate a third arbitrator who also satisfies such requirement. However, the two nominees may by agreement nominate a person who is not listed on the Panel of TOMAC Arbitrators.
(2) The Claimant, within 15 days from the date of its application for arbitration, and the Respondent, within 15 days from the receipt of the application for arbitration, shall each nominate an arbitrator. Each party shall notify the other party and the Secretariat of the name of the nominee. The two nominees shall nominate the third arbitrator within 30 days of their nomination and notify each party and the Secretariat of the name of the nominee of the third arbitrator.
(3) TOMAC shall appoint the persons nominated pursuant to preceding paragraph (1) as arbitrators. When the parties have nominated the same person and have no objection to a sole arbitrator, such person shall be a sole arbitrator.
(4) Where a party does not make the nomination in accordance with the preceding paragraphs (1) and (2), or where the arbitrators nominated do not nominate the third arbitrator, or where the parties entrust TOMAC the appointment of arbitrators or the third arbitrator, TOMAC shall make such appointments taking into account the parties' intention.
(5) The appointment of arbitrators by TOMAC shall be made by consultations of the Chairman and Vice-Chairmen thereof.

Article 16. [Appointment of Arbitrators in Multi-parties Case]

Unless otherwise agreed by the parties, where there are more than two parties to an arbitration, TOMAC shall appoint an arbitrator or arbitrators taking into account all parties' intention.

Article 17. [Appointment of Substitute Arbitrators]

Where a vacancy occurs amongst the arbitrators due to death, resignation or other reasons, a substitute arbitrator shall be appointed in accordance with the provisions of the preceding two Articles.

Article 18. [Obligations and Punitive Provisions for Arbitrators]

(1) Arbitrators shall carry out their duties fairly and justly, treating the parties equally.
(2) Arbitrators shall not privately associate with the parties, their agent, attorney or other related persons in regard to the matter in question.
(3) Arbitrators shall not reveal to third parties the contents of the arbitration, the names of the parties or anything else related to the matter in question.
(4) An arbitrator in violation of any of the preceding three paragraphs shall resign immediately.
(5) TOMAC may remove the arbitrator in the preceding paragraph from the Panel of Arbitrators.

Article 19. [Disclosure by Arbitrators]

(1) Arbitrators appointed in accordance with Articles 15 to 17 and 27, shall, within 7 days of being appointed, provide to the Secretariat a document indicating any circumstances which may give rise to doubts concerning their impartiality or independence, and the Secretariat shall forward copies of same to the parties.
(2) An arbitrator, if any circumstances stipulated in the preceding paragraph arise during the course of the arbitration proceedings, shall without delay submit a document describing such circumstances to the Secretariat, who shall distribute such document to all parties and other members of the Tribunal.
(3) The disclosure in the preceding two paragraphs shall include whether the arbitrator has any close personal, commercial or other relationship with the following:

1. Parties to the arbitration
2. Subsidiary companies or other companies related to the parties
3. Parties' agents
4. Other appointed arbitrators

(4) When a party does not file a motion to challenge the arbitrator within 7 days from the day of receipt of the disclosure document referred to in the preceding paragraph (1) or (2), it shall be deemed that the party has no objection to the contents disclosed in accordance with the preceding paragraph (1) or (2).

Article 20. [Challenge of an Arbitrator]

(1) Where a party desires to challenge an arbitrator, it must do so by making a motion of challenge to TOMAC in writing showing the name of the arbitrator to be challenged and the grounds for challenge.
(2) Where the motion of the preceding paragraph is made, the arbitral proceedings shall be suspended until the advice provided in paragraph (5) is given. TOMAC shall constitute an Arbitrator Challenge Review Committee (hereinafter referred to as “the Committee”) to decide whether the challenge to the arbitrator shall be accepted or dismissed, consisting of three persons whom TOMAC shall, by consultations of
Chairman and Vice-Chairmen, appoint from those on the Panel of TOMAC.
(3) The Committee shall resolve whether or not to approve the challenge, in principle, within 30 days of the establishment of the Committee.
(4) Where the Committee decides that the grounds for challenge exist in respect of the arbitrator in question, a substitute arbitrator shall be appointed in accordance with the provisions of Article 17.
(5) Where a substitute arbitrator is appointed in accordance with the preceding paragraph or where the Committee concludes that the challenge of the arbitrator is not approved, the Secretariat shall so advise the parties.
(6) Where a challenge has been filed, the arbitrator may voluntarily resign from its office. However, such resignation shall not be deemed to be any admittance that there exists any ground for challenge.

Article 21. [Parties’ Obligations]

(1) The parties must follow the instructions the Tribunal gives for the purpose of facilitating the arbitral proceedings.
(2) Where a party, whether willfully or in gross negligence, fails to submit its statements or documentary evidence within a reasonable period or delays in applying for the hearing of a witness or expert witness such that the Tribunal deems it will unreasonably delay the conclusion of the proceedings, the Tribunal may dismiss such submission or application.
(3) The arbitral proceedings and record are not open to the public and the parties, their agents or attorneys or any other persons concerned shall not reveal to third parties the contents of the arbitration, the names of the parties or anything else related to the ongoing matter in question.

Article 22. [Issue to be Determined and Schedule of Proceedings]

(1) The Tribunal shall at an early stage of the proceedings, discuss and confirm the issue(s) to be determined, evidence to be filed, timetable, etc. with the parties or their attorneys.
(2) The Tribunal and parties shall, in principle, attempt to facilitate the arbitral proceedings in accordance with the terms confirmed in the preceding paragraph.

Article 23. [Oral Hearings]

(1) The Tribunal shall conduct oral hearings, at which the parties shall have an opportunity to attend. Notwithstanding the foregoing the Tribunal may examine only documents submitted without any oral hearing if the Tribunal considers it appropriate.
(2) The Tribunal shall fix the date and time (hereinafter referred to as “the fixed date”) and the place for the oral hearing, if decided to be conducted, and give notice thereof to the parties at least 14 days prior to the fixed date, unless prevented by special circumstances.

Article 24. [Appearance of Parties, etc.]

(1) The parties (in case of a body corporate, representative thereof) or their agents or attorneys shall appear in person before the Tribunal at the fixed date, in order to gain hearing.
(2) Any party may have the person in charge of the matter in dispute appear at the hearing and testify orally, in which case the Tribunal is permitted to clarify the identity of such person.
(3) The parties shall communicate to the other party and the Secretariat not later than seven (7) days before the fixed date, the names and titles, etc. of the persons who are expected to appear.
(4) Where any party, its person in charge of the matter in dispute, its agent or attorney does not appear before the Tribunal, at the fixed date, without any justifiable reason preventing the Tribunal to conduct the hearing, the Tribunal may make its award on the basis of the documentary evidence or other documents filed by the parties.
(5) The Tribunal may, when it deems appropriate, and after taking into consideration the views of the parties, hold a hearing of the absentee(s) to the hearing in such a manner as to enable the absentee and all the attendees to the hearing to communicate with each other through two-way telecommunications technology. In this case, the person who has undergone the hearing through such telecommunications shall be deemed to have attended the hearing.

Article 25. [Hearings of Witnesses or Appraisers by the Tribunal]

(1) Each party to the arbitration may apply to the Tribunal for oral hearings of witnesses or appraisers by giving a clear description of the contents of testimonies or appraisal by such witnesses or appraisers.
(2) When the Tribunal accepts the application under the preceding paragraph, the Secretariat shall notify all of the parties of the contents of such hearing, in principle, not later than 30 days before such hearing takes place.
(3) The Tribunal may, irrespective of there being any request by either party, request from the witnesses their voluntary appearance, or appoint expert witnesses, and examine them by hearing.

Article 26. [Participation in Proceedings]

(1) Any person who is not a party to the arbitration, upon the consent of all parties, may request to the Tribunal to participate in such arbitral proceedings as a party.
(2) Each party to the arbitration may, upon the consent of other parties and a person who is not a party to such arbitration, request to the Tribunal to make the said person to participate as a party in such arbitral proceedings.
(3) If said person who is not a party asserts a claim for its own independent relief or remedy, the Tribunal shall consider such claim as a new arbitral application and consolidate and examine this claim concurrently with the arbitration in progress.
(4) When a third person comes to participate in the arbitral proceedings pursuant to the provisions of the foregoing paragraphs, as a result of transfer of the rights or duties of the object of arbitration, a party or parties may, upon the consent of all other parties inclusive of the said third person, withdraw from the arbitral proceedings.

Article 27. [Consolidation of Proceedings]

(1) When multiple arbitral proceedings are commenced such as those regarding disputes arising from the multiple contracts involving the same ship of charter party, shipbuilding contract, ship sale and purchase agreement and etc. or the issues of law or fact are mutually related to each other, TOMAC may decide to consolidate such multiple proceedings into one proceedings at the application of any party or at its discretion.
(2) In case of the preceding paragraph, TOMAC shall appoint arbitrators pursuant to Article 16.
(3) Even in case that the multiple arbitral proceedings are not consolidated into one proceedings in accordance with the paragraph (1), TOMAC may decide to make the multiple proceedings to be progressed simultaneously. In such case, when oral hearings are held, all arbitrators and all parties of the relevant multiple proceedings shall attend it. However such oral hearings shall be held without a party or parties who are absent with no justifiable reason.
(4) TOMAC may separate the consolidated arbitral proceedings if it deems appropriate after considering a party’s application or under its own discretion.
(5) Decisions to be conferred at TOMAC meeting in this Article may be substituted by decisions made by at the meeting of Chairman and Vice-Chairmen of TOMAC.

Article 28. [Pronouncement of Conclusion of Hearings]

The Tribunal shall, if it deems appropriate, declare the hearings closed. Provided that the Tribunal has not given an award, the Tribunal may, if it deems it necessary, re-open the hearing at any time.

Article 29. [Immunity of TOMAC and the Arbitrators]

TOMAC, the Arbitrators and the Secretariat have complete civil immunity from liability regarding the arbitral proceedings and the arbitral award.

Article 30. [Language]

The language employed in the Statement of Claim, the Defense, the Supplementary Statements, the hearings and the arbitral award in domestic arbitrations shall be the Japanese language, and that in international arbitrations shall, in principle, be the English language. However, except where the Tribunal has specified otherwise, it is not necessary to translate documentary evidence.

Article 31. [Interpreting]

The parties who will need interpreters at the oral hearings may, at their own expense, arrange for interpreters to be present at the hearings.

Article 32. [Settlement]

(1) The parties shall be allowed to settle the dispute amicably during the course of the arbitral proceedings.
(2) The Tribunal may, at any stage of the arbitral proceedings, attempt to settle the whole or a part of the dispute, where consent in writing to this effect between the parties is not a prerequisite.
(3) In case settlement conducted in accordance with the preceding paragraph fails, the Tribunal shall resume the arbitral proceedings, provided however that it must not issue an award which relates its judgment on any of the information it gained in conjunction with the move to promote the settlement proceedings.

Article 33. [Dismissal of Application for Arbitration or Other Decisions]

In any of the following cases the Tribunal may, without examining the merits of the dispute, dismiss the application for arbitration or make such other decisions as it deems appropriate:

1. Where it is found that the arbitration agreement is not validly made or is void, or the arbitration agreement has been rescinded by mutual agreement;
2. Where it is found that either of the parties is not lawfully represented or its agent or attorney has no authority to act on its behalf;
3. Where both parties fail to appear without cause at the fixed date for oral hearing;
4. Where both parties fail to comply with such directions or requirement of the Tribunal as it deems necessary for a proper performance of the arbitral proceedings;
5. Where the Tribunal finds that the Claimant has wrongfully delayed the prompt prosecution of the arbitral proceedings (where the Respondent has filed a counterclaim the same applies to the Respondent's counterclaim).

Article 34. [Withdrawal of Claims]

(1) Before the Secretariat forwards to the Respondent a copy of the Statement of Claim together with copies of the documentary evidence submitted under Article 9 (1), the Claimant may withdraw its application for arbitration without the consent of the Respondent.

(2) When the Claimant submits that it will withdraw its application for arbitration before formation of the Tribunal, TOMAC may permit such withdrawal if it deems that the Respondent has no objection thereto. Where such withdrawal has been permitted, TOMAC shall also decide on the closure of the arbitral proceedings. The decision on the closure of the arbitral proceedings by TOMAC shall be made by consultations of the Chairman and Vice-Chairmen thereof.

(3) When the Claimant submits that it will withdraw its application for arbitration after formation of the Tribunal, the Tribunal may permit such withdrawal if it deems that the Respondent has no objection thereto. Where such withdrawal has been permitted, the Tribunal shall also decide on the closure of the arbitral proceedings.

Article 35. [Assessment of Damages]

Where it is recognized that a loss was incurred, but it is extremely difficult to prove the amount of the loss due to the nature of such loss, the Tribunal may assess a reasonable amount on the basis of the results of examination.

Article 36. [When Award Given]

Where the Tribunal has pronounced the conclusion of hearings in accordance with Article 28, it shall, in principle, make the arbitral award within 30 days thereof.

Article 37. [How Award, etc. to be Determined]

The award and other decisions by multiple arbitrators must be made by a majority vote of the arbitrators.

Article 38. [Written Award]

(1) When the Tribunal decides its award, it shall make the award in writing which shall include the following items. The award shall be signed by all arbitrators. However, where for an unavoidable reason an arbitrator cannot sign the award, the fact of omission of the signature of that arbitrator is required to be written into the award to be complete.

1. The names and addresses of the parties (in case of a body corporate, the address of its head office or main place of business, its name, the name and the capacity of the representative), and in case an agent or attorney is nominated, its name;
2. The decision made;
3. The summary of the facts and points at issue;
4. The reason for the decision;
5. The date on which the written award is prepared and place of arbitration;
6. The costs of arbitration and proportion thereof to be borne by respective parties;

(2) The Tribunal may omit item 4 of the preceding paragraph, if a specific agreement exists between the parties.

Article 39. [Amicable Settlement of Dispute]

Where the parties have settled amicably the whole or part of the dispute by themselves during the arbitral proceedings, the Tribunal may, if requested by the parties, describe the contents of such settlement in the text of the award.

Article 40. [Procedures in case of a Party’s Bankruptcy]

(1) When there occurs an application of bankruptcy, civil rehabilitation, or company rehabilitation procedures in respect of one party after an arbitration application was accepted, the arbitral proceedings shall be suspended and resumed by succession as per the Procedural Articles of Bankruptcy Law, Civil Rehabilitation Law, and Company Rehabilitation Law (whereby “litigation procedures” referred to in these laws should read as “arbitral proceedings”). Where the similar procedures are commenced in a foreign state, one of the above laws presenting the most similarity in the procedural articles to those of the foreign procedures shall apply.
(2) When the arbitral proceedings were suspended as per the preceding paragraph, the Tribunal may require the opinions in writing from the parties of the arbitral proceedings as to the progress of the arbitral proceedings. If a right of management of the assets of the party is transferred to a receiver or others appointed by a court, the above inquiry shall be made to such the asset management right holder. When any objection is lodged against a claim which is the subject of the arbitral proceedings and submitted to the court to deny the claim as accepted in the bankruptcy or civil rehabilitation and/or company rehabilitation procedures, the Tribunal should make the said inquiry to the person who lodged such objection.
(3) The Tribunal shall progress the arbitral proceedings promptly when all parties (the asset management right holder in the above mentioned case) of the arbitral proceedings agree to do so. When any objection is lodged against the claim which is the subject of the arbitral proceedings and submitted to the court, the Tribunal may also obtain the consent from the person(s) who submitted the said objection in respect of the progress of the arbitral proceedings. The Tribunal may progress the arbitral proceedings when it considers it appropriate in view of all prevalent circumstances, even if the Tribunal cannot obtain consents from all parties including persons who raised the above objections.

Article 41. [Service of Award]

The Secretariat shall make such number of copies of the award signed by the arbitrators equal to the number of parties plus one. The Secretariat shall send a copy thereof to each party by registered certified postal mail or private courier by which the delivery receipt can be obtained, and keep one copy in its office.

Article 42. [Correction of Award]

If any miscalculation, mistyping, miswriting or any other apparent error is discovered on the face of the written award within 30 days after its service, the Tribunal may correct it.

Article 43. [Publication of Award]

The award given by the Tribunal may be published unless any party to the arbitration communicate its objections before the arbitral award is sent to the parties. Notwithstanding the foregoing, when an arbitration report is published by TOMAC, information on all arbitral awards may be included regardless of parties' intention, provided that identity of the parties and all related proper nouns are not disclosed.

Article 44. [Documents not Returnable]

Documents filed by the parties shall, in principle, not be returned. Where any document is desired to be returned, marking must be made by the submitting party to that effect at the time of its filing, and a copy thereof must be attached thereto.

Article 45. [Costs of Arbitration]

(1) The Claimant shall pay a Filing Fee of One Hundred Thousand Japanese Yen (\100,000) to the Secretariat on its application for arbitration. This provision shall also apply where an application for counterclaim is filed.
(2) Each party shall, within 7 days of the receipt of notice from the Secretariat, pay to the Secretariat as part of the expenses of the arbitration a fee (hereinafter referred to as “the Arbitration Fee”) which the Tribunal shall determine in accordance with the Tariff of Fees for Arbitration. When no amount of claim has been stated at the time of application, the Tribunal shall determine the Provisional Arbitration Fee taking into consideration the contents of the claim, subject to further adjustment to arrive at a Final Arbitration Fee in accordance with the Tariff of Fees for Arbitration as soon as an amount can be determined. In case the amount of claim cannot be finally determined, the Provisional Arbitration Fee as provided in the foregoing paragraph shall be deemed the final one.
(3) Where the sum claimed is in a foreign currency, such sum shall, for the purpose of calculating the prescribed Arbitration Fee of the preceding paragraph, be converted into Japanese currency by calculation at the mean rate on the Tokyo Foreign Exchange Market at 5.00p.m. on the date the application is filed.
(4) Where the Respondent files its application for arbitration of a counterclaim and the Tribunal decides that such arbitration is performed concurrently with the Claimant' s application, the amounts claimed and counterclaimed respectively shall be aggregated and the aggregate sum shall be taken as the amount of claim in the Tariff of Fees for Arbitration.
(5) The Tribunal may direct the Claimant to advance the Arbitration Fee due from the Respondent on its behalf.
(6) Where the number of oral hearings held exceeds four, beginning with the fifth hearing, each party must pay a fee of Fifty Thousand Japanese Yen (\50,000) per additional hearing to the Secretariat. Regardless, however, of the number of oral hearings held on one day, hearings held on one calendar day shall be counted cumulatively as one hearing only.
(7) The expenses incurred by the particular nature of the subject of dispute and the expenses incurred on account of calling for witnesses or expert by requirement of the Tribunal shall be additionally paid by the parties.
(8) The Filing Fee shall not be returned after the application for arbitration is accepted. The Tribunal may, upon its determination, return a part of the Arbitration Fee, on the ground that the application for arbitration was abandoned or the dispute was amicably settled.
(9) Each party shall pay any consumption tax imposed on the amount of the each fee as provided in the preceding paragraphs (1) through (7).
(10) Where arbitral proceedings are consolidated under Article 27, the Tribunal may reduce the Arbitration Fee to be paid by a party or parties.

Article 46. [Apportionment of Costs of Arbitration and Attorney’s Fee]

(1) The costs of arbitration shall be appropriated from the Filing Fee and Arbitration Fee paid to the Secretariat under the preceding Article and the cost sharing ratio by the parties shall be decided by the Tribunal.
(2) Upon application for recovery which shall be filed before the conclusion of hearings or at the time of application in case there is no hearing planned, by a party from the other party of attorneys' fees, costs of witnesses or appraisers and other procedural costs of the arbitration, the Tribunal may in the arbitral award or by a separate order permit, to a reasonable extent and in consideration of the contents of the arbitral award, such recovery.

Article 47. [Remunerations for Arbitrators]

The remunerations for arbitrators shall be paid out of the Arbitration Fee of Article 45. The amount of the said remunerations shall be determined by consultations of Chairman and Vice-Chairmen of TOMAC considering the degree of difficulty of the case and other circumstances.

Article 48. [TOMAC]

Any matter relating to TOMAC shall be governed by the Rules of the Tokyo Maritime Arbitration Commission.

Article 49. [Interpretation of these Rules]

The Tribunal shall determine the interpretation of these Rules and the procedural matters not provided for in these Rules. Such determination before formation of the Tribunal shall be made by consultations of the Chairman and Vice-Chairmen of TOMAC.

Article 50. [Amendment of these Rules]

Any amendment of these Rules shall be made by TOMAC at the initiative of Chairman of TOMAC.

Article 51. [Bylaws]

Bylaws shall be made to put these Rules into practice.

Supplementary Provisions (26th September, 2014)

Section 1.

These Rules shall be put into force as from 1st November, 2014.

Section 2.

The former Rules shall apply to the cases for which application for arbitration is filed prior to the enforcement of these Rules.

The Tariff of Fees for Ordinary Arbitration

The amount of the Arbitration Fee to be paid by each party shall be as follows:

When the amount of claim is ¥ 20,000,000 or less,

the fee is ¥ 450,000;

When the amount of claim exceeds ¥ 20,000,000 but is ¥ 120,000,000 or less,

the fee is the fee to be paid for ¥ 20,000,000 plus ¥ 10,000 for each additional ¥ 1,000,000 in excess of ¥20,000,000 up to ¥120,000,000;

When the amount of claim exceeds ¥ 120,000,000,

the fee is the fee to be paid for ¥ 120,000,000 plus ¥ 20,000 for each additional ¥ 10,000,000 in excess of ¥120,000,000.