ApplicationforArbitration仲裁申請(qǐng)書(shū)(英文本)費(fèi)

1、application for arbitration(da te)to： japan intellectual property arbitration center1. applican tdomicile (residence)：telephone number-fax number-e-mail address-(note 1)sealname (title)-(represen tative)seal2. agent for applicant (note 2)domicile (residence)-telephone number-fax number-e-mail addres

2、s-name3. respondentdomicile (residence)：telephone number-fax number-> (note 3)email address：name (title)- (representative) (note 4)4. gist of the application (note 5)5. grounds for the application (note 6)6 existence of the arbitral agreement (note 7) 7. list of attached documents and objects (no

3、te 8)(1) written application for arbitrationfour copies of duplicates(2) documentary evidenceone copy,four copies of duplicates (note 9)(3) arbitral agreementone copy (note 10)(4) certificate of qualificationone copy each from applicant and respondent (two copies in total) (note 11) power of attorne

4、yone copy (note 12)(note 1) where the applicant is a juridical person, the name of the person acting as its represent tative shall be provided here. where t here is an a gen t，the seal of the applicant is not required(note 2)this information is required only in the case where there is an agent. cont

5、act information shall be provided.(note 3)the respondents telephone number, fax number, and e-mail address shall be described insofar as the applicant has such knowledge.(note 4)where the respondent is a juridical person, the name of the person acting as its representative shall be provided here.(no

6、te 5)in the “gist of the application/5 please provide the main text of the arbitral award which the applicant seeks as an out come of the arbitratio n.(example of description)(1) “the applicant hereby demands that as part of the arbitral award-1. the respondent shall pay to the applicant yen andinte

7、rest equivalent to x% per annum from (date) to the fullpayment.2. the arbitral costs shall be borne by the respondent.”(2) “the applicant hereby demands that as part of the arbitral award-1. the respondent shall not manufacture or sell xxx described in the list of products attached hereto.2 the resp

8、ondent shall dispose of xxx and the half-finished products thereof, in possession of the respondent, and described in the list of produc ts attached here to.3. the arbitral costs shall be borne by the respondent.”(note 6)in the "grounds for the application,” please provide the facts and the app

9、licanfs allegations which provide grounds for the claims described in the gist of the application section.(note 7)since the fact that the parties have a valid arbitral agreement in advance is a prerequisite for the commencement of arbitral proceedings, such fact shall be described.example of descrip

10、tion- there is an arbitral agreement between the applicant and respondentt indicated in the written arbitral agreement attached hereto.(note 8)this section may be divided into the means of evidence and attached documents, and both of them may be described after the model of a complaint, an answer, a

11、nd preparatory briefs in the litigation(note 9)documentary evidenceone copy, four copies of duplicatesthe above shall be specified by the number and title as follows.exhibit a-1exhibit a_2the number of copies of duplicates shall be sum of the numbers of the respondents and arbitrators, and it shall

12、be four when the number of the respondents is one and that of the arbitrators is three.(note 10)in case of necessity, a list of evidence (the title, date produced, author, and t hose mat ters which the mat erial is intended to prove, etc. shall be described therein.) shall be submitted the written a

13、rbitral agreement may be based on a previous contract, or may be agreed upon prior to the present application for arbitration； however, the arbitral agreement shall be completed in writing (article 13, paragraph (2)of arbitration law). an example of a typical arbitral agreement is shown below-articl

14、e x both parties agree that any dispute arising out of this agreement shall be resolved by arbitration under the rules for arbitral proceedings in the japan intellectual property arbitration center. the location of arbitration shall be tokyo, the arbitral award shall be final, and both parties shall

15、 accept the arbitral award. (as for the location of arbitration, the agreed upon location, such as osaka, nagoya, etc. shall be described in the arbitral agreement)(note 11) in the case where the applicant is a juridical person, the certificate of qualification of the person acting as its representa

16、tive and a certifled copy of commercial regis tration, etc. shall be submit ted. in the case where the responden t is a juridical person, t hose of the responden t shall be submit ted by the applicant. when the number of the applicants is one and that of the respondents is two, and when all are juridical persons, a copy for each (three copies in t otal) thereof shall be submit tech(note 12)for example, when there are two agen