JIMC-SIMC Joint Covid-19 Protocol
Article 1 (Scope)
1. The JIMC-SIMC Joint Covid-19 Protocol (“Joint Covid-19 Protocol”) applies to all disputes, whether or not the disputes are caused by the pandemic or by legislation relating to the pandemic.
2. To the extent allowed by the law, Parties who are affected by any legislation relating to the pandemic are not precluded from relying on the Joint Covid-19 Protocol, which may be amended to be compatible with the laws of a given jurisdiction.
3. Parties may agree to modify the terms of the
Joint Covid-19 Protocol, subject to the agreement of JIMC and SIMC, and of the
mediators.
Article 2 (Filing)
2. A Party may file for mediation under the Joint Covid-19 Protocol with the prior agreement of all Parties to mediate the dispute. Where a Party files for mediation without such agreement, SIMC or JIMC may assist the filing Party to seek the consent of all Parties to the dispute.
3. Upon the existence of an agreement to mediate, SIMC or JIMC will send a written confirmation to the Parties. The date of the written confirmation will be deemed to be the mediation commencement date.
4. Depending on whether the filing is made to
JIMC or SIMC, the rules of the JIMC or SIMC shall apply to the mediation,
subject to and as modified by the Joint Covid-19 Protocol. In the event of
inconsistency, the interpretation of JIMC’s Secretary General or SIMC’s Chief
Executive Officer, as the case may require, prevails.
Article 3 (Mediators)
Article 4 (Expedited Procedure)
2. Mediation under the Joint Covid-19 Protocol will in principle be conducted online.
Article 5 (Fees)
1.1 The Fee Schedule applies to a 2-mediator and 2-party mediation, and is based on the total value of the amounts claimed. For other types of mediation, JIMC and SIMC will determine a fee in consultation with the Parties. For example, for mediations involving more than 2 parties, JIMC and SIMC will determine a discount, if appropriate, in consultation with the Parties.
1.2 The Fee Schedule applies when JIMC and SIMC select the mediators. Generally, the experience of the mediators will be related to the complexity and nature of the matter. The total value of the amounts claimed is deemed to be an indicator of the complexity of the matter. Where Parties decide to choose their own mediators, the mediators’ commercial rates will apply.
1.3 The Fee Schedule applies when the mediation is conducted fully online. JIMC and SIMC are able to provide physical venues for mediations that will be conducted partially in person. However, different rates may apply.
1.4 The Fee Schedule is calculated based on a total of eight (8) hours in pre-mediation preparation and mediation time per mediator, and excludes overtime, weekend and public holiday charges.
1.5 Where the mediators deem the matter to be complex, for example, that it requires more preparation time and/or pre-mediation, JIMC and SIMC will discuss this issue with the Parties and conduct a reasonable reassessment with a view to an increase of the payable fees. If there is no agreement on the increase, the Parties may seek JIMC’s and SIMC’s assistance to select another mediator(s) at no extra cost.
1.6 Where the total dispute amount cannot be quantified, JIMC or SIMC will determine the payable fees in consultation with the Parties.
1.7 For all other cases, or if the Parties
have special requests and considerations, the Parties may contact JIMC or SIMC
for a complimentary discussion. JIMC and SIMC will determine the fees payable
in consultation with the Parties. JIMC and SIMC commit to exercising
flexibility on their fees, to reflect the unique differences and services
required for each case.
Article 6 (Term)
1. The Joint Covid-19 Protocol will be in force until 11 September 2021.
2. Throughout the term of the Joint Covid-19 Protocol, JIMC and SIMC may amend the Protocol at any time, although any amendments will have no retrospective effect on Parties who have already filed requests under the Joint Covid-19 Protocol.
Article 7 (Liability)
1. To the extent allowed by law, the mediators,
JIMC, SIMC, and their employees shall not be liable to any person for any act
or omission in connection with the mediation under the Joint Covid-19 Protocol.
Fee Schedule
Explainer: The Fee Schedule below applies
based on the JIMC-SIMC Protocol, including Article 5. Parties making the
mediation request through JIMC may refer to Table 1, while Parties making the mediation
request through SIMC may refer to the equivalent rates in Table 2.
Table 1:
紛争価値 |
1当事者当たりの費用 (日本円) |
1億円以下 |
50万円 |
1億円-5億円 |
紛争価格の0.5%(但し上限100万円) |
5億円以上 |
紛争価格の0.2%(但し上限125万円) |
Table 2:
Dispute Value (SGD) |
Total fee payable per Party (SGD) |
Below $1.3M |
$6,500 |
SGD $1.3M~6.5M |
0.5% of Dispute Value, subject to a cap of $13,000 |
Above $6.5M |
0.2% of Dispute Value, subject to a cap of $16,000 |
Japan
International Mediation Center in Kyoto
The Institutional Mediation Rules
(Effective as of November 20, 2018)
Article
1 Application of these Rules
These
Mediation Rules (these “Rules”) shall apply to mediation administered by the Japan
International Mediation Center in Kyoto (the “Center”).
Article
2 Modification by Agreement
The
parties may at any time agree to modify any provision of these Rules.
Article
3 Commencement of Mediation
1. Any
party wishing to commence mediation shall send a written request for mediation
(the “Request”) to the Center and to the other
party to the mediation. The Request shall be sent to the Centre by postal
service, facsimile, or e-mail or any other electronic means, together with the
filing fee provisioned in Appendix (Fee Schedule for Institutional Mediation. The
mediation proceedings shall commence when the Centre acknowledges receipt of
the Request and the filing fee.
2. The
Request shall include the following information:
(a) the
name, address, telephone number, facsimile number and email address (the
“Contact Details”) of the requesting party;
(b) the
Contact Details of the attorney or counsel representing the requesting party,
if any;
(c) the Contact
Details of the other party to the mediation to the extent of the requesting
party’s knowledge; and
(d) the
agreement to mediate between the parties, if any.
3. Except
where there is agreement to mediate between the parties, the Center shall
promptly after its acknowledgement of receipt of the Request and the filing
fee, dispatch the notice of the Request to the other party and request them to confirm
whether or not they agree to mediate. The Request is deemed to be refused by the
other party that does not confirm its agreement within 14 days of the date of such
dispatch and the mediation proceedings shall terminate.
4. The
Center shall request the parties to the mediation to pay deposits to cover administrative
and other expenses after its acknowledgement of the receipt of the filing fee
and confirmation of agreement to mediate by the other party under Article 3.3.
Upon termination of the proceedings, the Center shall fix the total costs of
the mediation and reimburse the parties for any excess payments.
5. If any
requested deposit under Article 3.4 is not paid in full, the Center may stay
the mediation proceedings. Following the payment of all requested deposits, the
Center shall consult with the parties and the mediator (if appointed) about the
mediation proceedings.
Article
4 Number and Appointment of
Mediators
1. There
shall be one mediator unless the parties agree otherwise.
2. The
parties may request the Center to provide a list of candidates for mediator.
3. The
parties may request the Center to recommend one or more candidates for mediator.
4. Where
the parties are unable to agree on a mediator within 20 days from the date of
commencement of the mediation, the Center may appoint a mediator after
consultation with the parties.
5. The
Center shall consider a prospective mediator’s attributes including but not
limited to nationality, skills, qualifications, and experience.
6. Before appointment,
a prospective mediator shall submit to the Center a written declaration of
acceptance of appointment including a statement of impartiality and
independence and shall disclose to the parties all circumstances concerning
impartiality and independence
7. Calculation,
administration, payment, and other matters concerning mediators’ fees and
expenses are set out in the Institutional Mediation Regulations of the Center.
Article
5 Conduct of the Mediation
1. In
conducting the mediation proceedings, the mediator shall treat the parties fairly
and impartially taking into account the circumstances of the case.
2. The
mediator may, at any stage of the proceedings, make proposals for settlement of
the dispute.
3. The
parties shall make every effort to conduct the mediation proceedings in an
expeditious manner.
4. The
Center will provide general administrative support to facilitate the conduct of
the mediation proceedings.
5. The
Center may appoint a person to assist the mediator with administering proceedings
subject to agreement by the parties. The Center shall disclose to the parties
in advance information about such assistant and the parties may object to such
appointment. Any such assistant will function at no cost to the parties unless
agreed otherwise among the parties and the assistant.
Article
6 Communications Between the Mediator
and the Parties
1. The
mediator may meet or communicate with the parties jointly or individually.
2. If the
mediator meets or communicates with a party individually, the mediator shall
inform the other party about such meeting or communication.
3. Where the
mediator receives information about the dispute from a party, the substantial
content of this information will not be disclosed without the consent of that party.
Article
7 Confidentiality
1. Any
information relating to the mediation proceedings shall be kept confidential except
where its disclosure is necessary under the applicable law or for the purposes
of implementation and enforcement of a settlement agreement.
2. The
parties to the mediation, the mediator, and any other persons involved in the
mediation proceedings shall not rely on, introduce as evidence, or give
testimony based on in any arbitration, judicial or similar proceedings:
(a) the
fact that any party made a Request or wished to participate in mediation
proceedings; or
(b) any
views expressed or suggestions made by any party in the course of the mediation
proceedings in respect of a possible settlement of the dispute; or
(c) any
statements or admissions made by any party in the course of the mediation
proceedings; or
(d) any
proposals made by the mediator; or
(e) the
fact that any party indicated its willingness to accept a proposal for
settlement made by the mediator; or
(f) the
documents prepared solely for the mediation proceedings.
However,
if required to do so under applicable law or for purposes of implementation or
enforcement of a settlement agreement, the parties may disclose or produce such
information or evidence to the extent necessary.
3. The
provisions of this Article shall
be applicable whether or not the arbitration, judicial or similar proceedings
relate to the dispute that is subject of the present or past mediation
proceedings.
Article
8 Termination of Mediation
Proceedings
The
mediation proceedings shall terminate:
(a) by the signing by the parties of a
settlement agreement, on the date of the agreement; or
(b) by the declaration
of the mediator that further efforts at mediation are no longer justified, on
the date of the declaration; or
(c) by the
declaration of a party addressed to the other party and the mediator, if
appointed, that the mediation proceedings are terminated, on the date of
declaration; or
(d) by the refusal
by the other party of the Request notified in accordance with Article 3.3, on
the date of the refusal.
Article
9 Arbitration by Mediator
Unless
the parties agree otherwise, the mediator shall not act as an arbitrator in
respect of a dispute that is the subject of the present or past mediation
proceedings, or any dispute arising out of or in connection with the same
contract or legal relationship or the related contract or legal relationship.
Article
10 Resort to Arbitration or Litigation
Either
party may commence any arbitration or judicial proceedings in respect of a
dispute that is the subject of mediation proceedings under these Rules where,
in its opinion, such proceedings are necessary for preserving its own rights.
The commencement of such proceedings shall not be deemed to be an abandonment of
an agreement to mediate or a termination of mediation proceedings.
Article
11 Correspondence
1.
Correspondence provided for in these Rules
may be conducted by e-mail, facsimile, or postal service; provided that the
mediator may determine otherwise.
2.
All correspondence to the Center shall be
in Japanese or English.
Article
12 Limitation of Liability
The
mediator, the Center, and directors,
officers and employees
of the Center shall not be liable to any person for any act or omission in
connection with mediation proceedings unless such act or omission is
intentional or the result of gross negligence.
Article
13 Fees
Fees
are set out in Appendix (Fee Schedule for Institutional Mediation).
Japan
International Mediation Center in Kyoto
Institutional
Mediation Regulations
Calculation,
administration, payment, and other matters concerning mediators’ fees and
expenses shall be discussed and determined between the parties and the mediator
after appointment. The Center shall not be responsible or liable for these
arrangements.
Appendix
Japan
International Mediation Center in Kyoto
Fee
Schedule for Institutional Mediation
Article
1 Filing Fee
The
party filing the Request shall make a payment of JPY 50,000 as the filing fee.
The filing fee is not refundable.
Article
2 Administrative Expenses
1. Each
party shall pay the administrative expenses of the Center as set out below:
Amount
in dispute |
Administrative
expenses per party |
Up to
JPY 19,999,999 |
JPY
100,000 |
From
JPY 20,000,000 to JPY 99,999,999 |
JPY 150,000 |
From
JPY 100,000,000 to JPY 199,999,999 |
JPY 250,000 |
From
JPY 200,000,000 to JPY 999,999,999 |
JPY
350,000 |
From
JPY 1,000,000,000 to JPY 4,999,999,999 |
JPY
450,000 |
Over
JPY 5,000,000,000 |
JPY
500,000 |
2. Where
the amount in dispute is not stated, the administrative expenses shall be fixed
by the Center at its discretion taking into account all circumstances of the case
including indicators of the value of the dispute.
3. In
exceptional circumstances, the Center may at its discretion fix the
administrative expenses in excess of
the provisions in Article 2.1.