I hereby promulgate the Law concerning the Arbitration of the Maritime Affairs etc.
Signed:HIROHITO, Seal of the Emperor
This third day of the twelfth month of the twenty-third year of Showa (December 3, 1948)
Prime Minister YOSHIDA Shigeru
Law concerning the Arbitration of the Maritime Affairs etc.
Article 1. Any trade association (meaning "trade association" as defined in Article 2 of Law No.191 of 1948;Trade Association Law;hereinafter the same) concerned with marine transportation shall, when it contemplates including in its business purposes any activity relating to arbitration or settlement of disputes of contracts for co-ownership of vessels, ship charter (including time charter), entrustment of ship operation, marine transportation, marine insurance or buying or selling of ships, or of disputes on average, or marine salvage of vessels in distress (all of the foregoing to be hereinafter referred to as maritime affairs), obtain the approval of the Minister of Transportation with regard to its articles of incorporation and its rules and regulations on arbitration or settlement of disputes (hereinafter referred to as arbitration rules).
Article 2. The Minister of Transportation shall not approve any application for approval filed in accordance with the provisions of the preceding Article unless the articles of incorporation as well as the arbitration rules of said applying trade association concerned meet with each of the following conditions:
1. Conditions for the articles of incorporation of the applying trade association concerned;
(a) That the trade association is a juridical person established for the public interest,
(b) That it is not a condition for entrance in said trade association that every member of the same shall, in all cases, submit to said association for arbitration or settlement every existing dispute or every dispute which may occur in the future but that it is clearly provided for that such submission shall be voluntary by the interested parties on a case by case basis,
(c) That the trade association has been established voluntarily and that its constituent members may enter or withdraw voluntarily,
(d) That the activities of the trade association executed for the purpose of carrying out arbitration or settlement of disputes on maritime affairs shall not violate the provisions of Law No.54 of 1947:Law relating to Prohibition of Private Monopoly and Methods of Preserving Fair Trade or those of Trade Association Law (excluding those of Item 16 of Paragraph 1 of Article 5 of said Law).
2. Conditions for the arbitration rules;
(a) That the constituent members of the trade association are not compelled to submit any dispute on maritime affairs to said trade association for arbitration or settlement but that it is clearly provided for that such submission shall be voluntary by the interested parties on a case by case basis,
(b) That any person may, regardless of whether he is a constituent member or not, submit disputes on maritime affairs to the trade association for arbitration or settlement freely and on equal terms with its constituent members.
Article 3. The provisions of Item 16 of Paragraph 1 of the Trade Association Law shall not apply to any legitimate act of a trade association concerned with maritime affairs which has obtained approval pursuant to the provisions of Article 1 for the purpose of attaining its purposes.
Article 4. The provisions of the Trade Association Law (excluding those of Item 16 of Paragraph 1 of Article 5 of said Law) as well as the functions and powers of the Fair Trade Commission pursuant to therein shall not be construed as having become modified or amended by the provisions of the preceding three (3) Articles.
Supplementary Provisions:
1 The present Law shall come into force as from the day of its promulgation.
2 A part of the Trade Association Law shall be amended as follows;
Item 8 of Paragraph 1 of Article 6 shall be amended as follows:
8. Trade association concerning the marine transportation as to which an approval has been obtained in accordance with the provisions of Article 1 of the Law relative to Arbitration of Maritime Affairs etc.(Law No.... of 1948);provided that so far as its lawful acts to arbitrate or settle disputes over maritime affairs are concerned.
3 The Japan Shipping Exchange, Inc.(Shadan Hojin Nihon Kaiun Shukaijo) shall, within thirty (30) days of the day of enforcement of this Law, submit its articles of incorporation and its arbitration rules to the Minister of Transportation for his approval. In case said approval is granted, said organization shall be deemed to be a trade association concerned with maritime affairs which has obtained approval on the day of promulgation of this Law in accordance with the provisions of Article 1.
4 The provision of Article 2 shall apply mutatis mutandis with regard to the approval of the Minister of Transportation as provided for in the preceding paragraph.