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Chapter Ⅴ Arbitration Procedures
Article 20
The parties to the dispute may file an opposition in case that the arbitration procedure is in violation of the Act, the Regulations, or the agreement between themselves to arbitrate. However, if the parties are aware of or presumably to be aware of the violation but still continue undergoing the arbitration procedure, the opposition is not allowed to file.
The opposition referred to in the preceding paragraph shall be determined by the arbitrator with full authority or arbitration committee.
Article 21
In case that the parties to the dispute make one of the following assertions that are considered as without a justifiable reason by the arbitrator with full authority or arbitration committee, the arbitration procedure can still be processed and decision be made:
1. The agreement between the parties to arbitrate is not valid.
2. The arbitration procedure is not legal.
3. In violation of the agreement to arbitrate.
4. The agreement to arbitrate is irrelevant to the dispute to be decided.
5. The arbitrator with full authority or arbitration committee has no authority to arbitrate.
6. Other reasons that may cause to file a lawsuit to revoke an arbitration decision in accordance with Paragraph 3 to Article 37 of the Act.
Article 22
The term “unusual circumstances” prescribed in Paragraph 1 to Article 33 of the Act refers to one of the following situations:
1. In case that the person notified or interviewed refuses to make a statement or obstruct the fact-finding.
2. In case that the fact of dispute to be arbitrated is too complicated to complete the finding within ten days.
3. In case that other unusual circumstance makes it impossible to submit a fact-finding result within ten days.
After the member who is assigned to find a fact submits the matters referred to in the preceding paragraph to the arbitration committee for making a resolution, the fact-finding period shall be extended.
Article 23
The arbitrator with full authority or arbitration committee to the dispute is required make an arbitration record which shall include the following items:
1. Matters that are prescribed in Article 10 of the Act shall be, mutatis mutandis, listed.
2. Date that the application for a hand-over arbitration of labor-management dispute is filed.
3. Date and duration of the arbitration meeting held, in case that more meetings are held, they shall be recorded in order separately.
4. Place where the arbitration meeting is held.
5. Assertions and statements made by the parties to the dispute.
6. Result of the fact-finding.
7. Opinions made by members of arbitration committee.
8. Outlines and the purpose of the arbitration meeting.
9. Signatures of the parties to the dispute.
10. Name(s) and signature(s) of the arbitrator with full authority or members of arbitration committee.
The record referred to in the preceding paragraph shall be delivered to the parties to the labor-management dispute within in ten days after the closing date of the arbitration meeting.
Arbitration record and related documents and files shall be stored for fifteen years.
Article 24
Prior to an arbitrator with full authority or arbitration committee making the arbitration decision, they may acquire expert opinions from a third party or other institutions, if necessary.
Article 25
The fees required for referred to in the preceding article shall be paid in accordance with the following ways:
1. In case that one party to the dispute applies for a hand-over arbitration, or ex officio, the fees shall be paid by the budget of the competent authority.
2. In case that the hand-over arbitration is requested by the competent authority of related business and ex officio, the fees shall be paid by the competent authority of related business.
3. In case that the parties to the dispute agree to apply for arbitration, the fees shall be paid mutually.
Article 26
In case that an arbitration committee is unable to make a arbitration decision by over one-half or third-fourths majority as prescribed in Article 34 of the Act, the arbitration procedure shall be conducted in accordance with the following requirements:
1. In case that the application for a hand-over arbitration is filed in accordance with Paragraphs 1 or 3 to Article 25 of the Act, the procedure shall be deemed as finalized. However, both parties to the dispute may agree to choose one of the following ways to arbitrate their dispute again:
(a) Selecting an arbitrator with full authority with full authority.
(b) Organizing an arbitration committee.
2. In case that the application for a hand-over arbitration is filed by one party to the dispute in accordance with Paragraph 2 to Article 25 of the Act, the competent authority shall reorganize an arbitration committee in accordance with Article 29 of the Act and continue to conduct the arbitration procedures.
3. In case that the arbitration is handed over by the competent authority ex officio in accordance with Paragraph 4 to Article 25 of the Act, the competent authority shall reorganize an arbitration committee in accordance with Article 29 of the Act and continue to conduct the arbitration procedures.
In case that the arbitration procedures are continuously conducted in accordance with the preceding paragraph, the arbitration committee may adopt the assertions and evidences offered previously by the parties to the dispute, as well as the results of the fact-finding.
Article 27
After the arbitrator with full authority or arbitration committee has made an arbitration decision, an arbitration award shall be rendered within ten days and the following items shall be included:
1. Names, residences or domiciles of the parties, or in case that the parties are juristic persons, employer organizations or labor unions, their names, persons in charge, main offices or principal places of business.
2. Names, residences, domiciles or offices of agents, if any.
3. Names, nationalities, residences or domiciles of interpreters, if any.
4. Holdings.
5. Facts.
6. Reasons.
7. Names of the arbitrator with full authority, the chief member of arbitrator committee and members of the arbitration committee.
8. Year, month and date.