RELIEF PROVIDED BY COURTS

1. (a) Are courts authorized to issue orders of attachment,

injunctions or other provisional orders with respect to

arbitration proceedings?

Yes they are.

Art. 15 of the Japanese arbitration law (Chusai-Ho, Law No. 138

of 2003, the “Arbitration Law”), which is essentially based on Art. 15

of the UNCITRAL Model Law (“Model Law”), states “It is not

incompatible with an arbitration agreement for a party to request,

before or during arbitral proceedings, from a court an interim measure

or protection and for a court to grant such measure in respect of any

civil dispute which is the subject of the arbitration agreement.”

Therefore, Japanese court may issue provisional orders available under

Civil Provisional Remedies Act, Law No. 91 of 1989 (“CPRA”) with

respect to arbitration proceedings.

(b) If so, please describe the nature of any such provisional

relief that is available.

A court in Japan may issue (i) an order of provisional seizure

(which is similar to an attachment) and (ii) an order of provisional

disposition (which is similar to an injunction).

Order of Provisional Seizure (karisashiosae)

An order of provisional seizure may be issued when there is a

likelihood that it will be impossible or extremely difficult to carry out

compulsory execution for a claim for payment of money (Art. 20 of

CPRA. An order of provisional seizure may be against real property,

movables and claims.