All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association . Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
実戦的仲裁条項ドラフティング（
5）
－被申立人地主義でよかったのか？【追加】
44
赤線部分を削除
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial Arbitration Rules of The Japan Commercial Arbitration Association if
X(foreign corporation) requests the arbitration or in (the name of the city in foreign country) pursuant to (the name of rules) of (the name of arbitral institution) if Y(Japanese corporation) requests the arbitration.
仲裁地はインド以外に
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration Association .
インド仲裁法第
1編の適用なしを明示
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association . Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
【ご注意】
仲裁地・インド仲裁法適用排除の
2点は もっとも重要かつ考慮すべき点ですが、
仲裁条項の作成には他にも考慮すべき事項が あります。
このスライドに掲載のものが必ずしも「万
全」のものでないことは、ご留意下さい。
実戦的仲裁条項ドラフティング（
5）
－被申立人地主義でよかったのか？【追加】
45
JCAA
の場合
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association. Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
実戦的仲裁条項ドラフティング（
5）
－被申立人地主義でよかったのか？【追加】
46
JCAA
の場合
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association. Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
ICC
の場合
All disputes arising out of or in connection with the preset
contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one of more
arbitrators appointed in accordance with the said rules in (the name of the city in Japan). Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the
arbitration.
実戦的仲裁条項ドラフティング（
5）
－被申立人地主義でよかったのか？【追加】
47
JCAA
の場合
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association. Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
ICC
の場合
All disputes arising out of or in connection with the preset
contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one of more
arbitrators appointed in accordance with the said rules in (the name of the city in Japan). Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the
arbitration.
LCIA
の場合
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause. The place of arbitration is (the name of the city in Japan). Part I of the Arbitration and
Conciliation Act, 1996 of India shall not apply to the arbitration.
実戦的仲裁条項ドラフティング（
5）
－被申立人地主義でよかったのか？【追加】
48
JCAA
の場合
All disputes, controversies or differences which may arise
between the parties hereto, out of or in relation to or in connection with this Agreement shall be finally settled by arbitration in (the name of the city in Japan) pursuant to the Commercial
Arbitration Rules of The Japan Commercial Arbitration
Association. Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the arbitration.
ICC
の場合
All disputes arising out of or in connection with the preset
contract shall be finally settled under the Rules of Arbitration of the International Chamber of Commerce by one of more
arbitrators appointed in accordance with the said rules in (the name of the city in Japan). Part I of the Arbitration and Conciliation Act, 1996 of India shall not apply to the
arbitration.
LCIA
の場合
Any dispute arising out of or in connection with this contract, including any question regarding its existence, validity or
termination, shall be referred to and finally resolved by arbitration under the LCIA Rules, which Rules are deemed to be incorporated by reference into this clause in (the name of the city in Japan).
Part I of the Arbitration and Conciliation Act, 1996 of India