Article 9When it is necessary in order to clarify the allegations of a party with regard to the facts pertaining to a dispute, the court may have a person who handles administrative affairs for the party or who assists the party and whom the court considers to be appropriate, to give a statement on the date for oral arguments or the date of the hearing.

Article 10Deleted

Article 11A petition for an order for a provisional remedy may be filed only if an action on the merits may be filed with a court in Japan, or if the property to be provisionally seized or the disputed subject matter is located in Japan.

Article 12(1)A case involving an order for a provisional remedy is under the jurisdiction of the court with jurisdiction over the merits of the case or the district court with jurisdiction over the location of the property to be provisionally seized or the disputed subject matter.

(2)Notwithstanding the provisions of the preceding paragraph, if the action on the merits is an action related to patent rights, etc. prescribed in Article 6, paragraph (1) of the Code of Civil Procedure, the case involving the order for a provisional remedy is under the jurisdiction of the court with jurisdiction over the merits of the case; provided, however, that if the district court with jurisdiction over the location of the property to be provisionally seized or the disputed subject matter is a court specified in the items of paragraph (1) of that Article, the court is also to have jurisdiction over the case involving the order for a provisional remedy.

(3)The court of the first instance is the court with jurisdiction over the merits of the case; provided, however, that the court of the second instance has jurisdiction if the merits of the case is pending in the second instance.

(4)If the property to be provisionally seized or the disputed subject matter is a claim (meaning a claim prescribed in Article 143 of the Civil Execution Act (Act No. 4 of 1979); hereinafter the same applies in this Article), the claim is deemed to exist at the location of the general venue of the obligor of the claim (hereinafter referred to as the "third party obligor"); provided, however, that a claim for delivery of a vessel (meaning a vessel prescribed in Article 112 of the same Act; the same applies hereinafter) or movables (meaning movables prescribed in Article 122 of the same Act; the same applies hereinafter) or a claim secured by security right over a property is deemed to exist at the location of the property.

(5)The provisions of the main clause of the preceding paragraph apply mutatis mutandis when the property to be provisionally seized or the disputed subject matter is a property right prescribed in Article 167, paragraph (1) of the Civil Execution Act (hereinafter referred to as "other property right") for which there is a third party obligor or person equivalent thereto (excluding cases prescribed in the following paragraph).

(6)If the property to be provisionally seized or the disputed subject matter is other property right whose transfer requires registration, such property right is deemed to exist at the place of the registration.

Article 13(1)A petition for an order for a provisional remedy must clarify the purpose thereof and the rights or relationship of rights that must be preserved and the necessity of preservation.

(2)Prima facie showing of the rights or relationship of rights that should be preserved and the necessity of their preservation must be made.

Article 14(1)An order for a provisional remedy may be issued while requiring provision of security or requiring provision of security within a certain period of time that is found to be reasonable as a condition for implementing the execution of the provisional remedy, or not requiring the provision of security.

(2)In the case set forth in the preceding paragraph in which security is to be provided, if there are grounds that make it difficult for the party to make a statutory deposit with an official depository provided for in Article 4, paragraph (1) without delay, the party may, with the court's permission, make a statutory deposit with an official depository within the jurisdictional district of the district court having jurisdiction over the obligee's domicile or the location of the obligee's office or other places that the court finds to be appropriate.

Article 15An order for a provisional remedy may be issued by the presiding judge, but only if there are pressing circumstances.

Article 16A ruling on a petition for an order for a provisional remedy must be appended by the reasons therefor; provided, however, that if the ruling is made without holding oral arguments, it is sufficient if an outline of the reasons is given.

Article 17An order for a provisional remedy must be served on the party.

Article 18It is not required for the obligor's consent to be obtained in order to withdraw a petition for an order for a provisional remedy, even after an objection to the provisional remedy or a petition for revocation of provisional remedy is filed.

Article 19(1)An obligee may file an immediate appeal against a judicial decision to dismiss a petition for an order for a provisional remedy, within an unextendable period of two weeks from the day on which the obligee has been notified of the decision.

(2)No further appeal may be filed against a judicial decision to dismiss an immediate appeal set forth in the preceding paragraph.

(3)The provisions of the main clause of Article 16 apply mutatis mutandis to a ruling on an immediate appeal set forth in paragraph (1).

Article 26An obligor may file an objection to an order for a provisional remedy with the court that issued the order.

Article 27(1)If an objection to a provisional remedy is filed, the court may, upon petition, order a stay of execution of the provisional remedy or order the revocation of a disposition that has already been executed by requiring the provision of security or on condition that security will be provided, during the period until the court reaches a judicial decision set forth in the provisions of paragraph (3) in its ruling on the objection to the provisional remedy, but only if a prima facie showing is made with regard to circumstances that are clearly grounds for revocation of the order for the provisional remedy and the likelihood that executing the provisional remedy will cause damage which cannot be compensated.

(2)When the court in charge of an appeal has issued an order for a provisional remedy, if the case record exists at the court of prior instance, the court of prior instance may also render a judicial decision set forth in the provisions of the preceding paragraph.

(3)The court must, in its ruling on the filing of an objection to a provisional remedy, revoke, change, or approve a judicial decision it has already made pursuant to the provisions of paragraph (1).

(4)No appeal may be filed against a judicial decision under the provisions of paragraph (1) and the preceding paragraph.

(5)The provisions of Article 15 apply mutatis mutandis to a judicial decision under the provisions of paragraph (1).

Article 28When it is necessary in order to avoid a substantial delay in a case involving an objection to a provisional remedy or to ensure equity between the parties, in consideration of the domicile of a party, a witness to be examined, or a unsworn witness to be heard, or of any other circumstances, the court may, by petition or on its own authority, transfer the case to another court that has jurisdiction over the case involving the order for provisional remedy.

Article 29The court may not render a ruling on a filing of an objection to a provisional remedy without holding oral arguments or holding a hearing at which both parties may be present.

Article 30Deleted

Article 31In order to conclude proceedings, the court must decide the day on which proceedings are to be concluded, leaving a reasonable grace period; provided, however, that on the date of oral argument or hearing at which both parties may be present, the court may declare that proceedings are to be immediately concluded.

Article 32(1)The court must, in a ruling on a filing of an objection to a provisional remedy, approve, change, or revoke the order for the provisional remedy.

(2)In the ruling set forth in the preceding paragraph, the court may, as a condition for implementing or continuing execution of a provisional remedy, require the obligee's provision of security within a certain period of time that the court finds to be reasonable, or may increase the amount of security required under the provisions of Article 14, paragraph (1) and require the obligee's provision of security in the amount of the increase within a certain period of time that the court finds to be reasonable.

(3)The court may make its ruling to revoke an order for a provisional remedy under the provisions of paragraph (1) conditional upon the obligor' provision of security.

(4)The provisions of the main clause of Article 16 and Article 17 apply mutatis mutandis to the ruling set forth in paragraph (1).

Article 33If, based on an order of provisional disposition, an obligee has been delivered or surrendered an object, has received a monetary payment, or has used or had in its custody an object, the court may, at the petition of the obligor, order the obligee to return the object delivered or surrendered to them by the obligor, the money paid to them by the obligor, or the object used or held in custody by them, in a ruling to revoke the order of provisional disposition pursuant to the provisions of paragraph (1) of the preceding Article.

Article 34In a ruling to revoke an order for a provisional remedy under the provisions of Article 32, paragraph (1), the court may declare that the ruling to revoke the order will not take effect until the expiration of a certain period of time that it finds to be reasonable, not exceeding two weeks from the day on which the ruling is served; provided, however, that this does not apply when no appeal may be filed against the ruling to revoke the order.

Article 35It is not required to obtain the obligee's consent in order to withdraw a filing of an objection to a provisional remedy.

Article 36An assistant judge may not independently render a judicial decision on a filing of an objection to a provisional remedy.

Article 37(1)At the petition of the obligor, the court that issued the order for a provisional remedy must order the obligee to, within a certain period of time that the court finds to be reasonable, file an action on the merits and submit a document certifying the filing, or, if the obligee has already filed an action on the merits, to submit a document certifying that the action is pending before a court.

(2)The period referred to in the preceding paragraph must be two weeks or more.

(3)The court must revoke the order for a provisional remedy at the petition of the obligor if the obligee fails to submit the document set forth in paragraph (1) within the period set forth in that paragraph.

(4)If the action on the merits referred to in paragraph (1) is withdrawn or dismissed after the document set forth in that paragraph has been submitted, the document is deemed not to have been submitted.

(5)With regard to the application of the provisions of paragraph (1) and paragraph (3), the filing of an action on the merits is deemed to be the filing of a petition for conciliation with a family court if the case on the merits is a case prescribed in Article 18, paragraph (1) of the Act on Adjudication of Domestic Relations (Act No. 152 of 1947); the filing of a petition for labor tribunal proceedings with a district court if the case on the merits is a case prescribed in Article 1 of the Labor Tribunal Act (Act No. 45 of 2004); the procedures for commencing arbitration proceedings if an arbitration agreement exists with respect to the case on the merits; and an application for an adjudication of liability to compensate for damages (referred to as a "adjudication of liability" in the following paragraph) prescribed in Article 42-12, paragraph (1) of the Act on the Settlement of Environmental Pollution Disputes (Act No. 108 of 1970) if the case on the merits is a case demanding compensation for damage related to environmental pollution prescribed in Article 2 of that Act.

(6)If a conciliation case referred to in the preceding paragraph, labor tribunal proceedings referred to in the same paragraph, arbitration proceedings referred to in the same paragraph or proceedings for adjudication of liability referred to the same paragraph ends without a conciliation, a labor tribunal judgment (including when a conciliation is reached under the provisions of Article 16 of the Civil Conciliation Act (Act No. 222 of 1951) as applied mutatis mutandis pursuant to the provisions of Article 29 of the Labor Tribunal Act, and when a labor tribunal case ends pursuant to the provisions of Article 24, paragraph (1) of the Labor Tribunal Act) an arbitration judgment or an adjudication of liability (including when an agreement between the parties is reached pursuant to Article 42-24, paragraph (2) of the Act on the Settlement of Environmental Pollution Disputes) being reached, the obligee must file an action on the merits within the same period as the period specified under the provisions of paragraph (1) starting from the date of the end of the case or the proceedings.

(7)The provisions of paragraph (3) apply mutatis mutandis when the obligee has failed to file an action on the merits under the provisions of the preceding paragraph, and the provisions of paragraph (4) apply mutatis mutandis when an action on the merits set forth in the preceding paragraph is filed or the action is deemed to have been filed under the provisions of Article 22, paragraph (1) of the Labor Tribunal Act (including as applied mutatis mutandis pursuant to Article 23, paragraph (2) and Article 24, paragraph (2) of that Act) and subsequently has been withdrawn or dismissed.

(8)The provisions of the main clause of Article 16 and Article 17 apply mutatis mutandis to the ruling under the provisions of paragraph (3) (including as applied mutatis mutandis pursuant to the preceding paragraph).

Article 38(1)If the right or relationship of rights that should be preserved or the necessity to preserve the right no longer exists, or if there has been any other change in circumstances, the court that issued the order for the provisional remedy or the court hearing the case on the merits may revoke the provisional remedy upon the petition of the obligor.

(2)The obligor must make prima facie showing of the change in circumstances referred to in the preceding paragraph.

(3)The provisions of the main clause of Article 16, Article 17, and Article 32, paragraph (2) and paragraph (3) apply mutatis mutandis to a ruling on the petition referred to in paragraph (1).

Article 39(1)If it is likely that an order of provisional disposition will cause damage which cannot be compensated or if there are other special circumstances, upon the petition of the obligor, the court that issued the order of provisional disposition or the court hearing the case on the merits may revoke the order of provision disposition, conditional upon the provision of security.

(2)The obligor must make prima facie showing of the special circumstances referred to in the preceding paragraph.

(3)The provisions of the main clause of Article 16 and Article 17 apply mutatis mutandis to a ruling on the petition set forth in paragraph (1).

Article 40(1)The provisions of Articles 27 through 29, Article 31, and Articles 33 through 36 apply mutatis mutandis to a judicial decision involving the revocation of a provisional remedy; provided, however, that the provisions of Articles 27 through 29, Article 31, Article 33, Article 34, and Article 36 do not apply to the judicial decision under the provisions of Article 37, paragraph (1).

(2)When a petition to revoke a provisional remedy is filed with the court hearing the case on the merits other than the court that issued the order for the provisional remedy, and the case record exists at the court that issued the order for the provisional remedy, the court that issued the order for the provisional remedy may also make the judicial decision under the provisions of Article 27, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

Article 41(1)An appeal pertaining to provisional remedy may be filed against a judicial decision on a filing of an objection to a provisional remedy or on a petition to revoke a provisional remedy (including a judicial decision pursuant to the provisions of Article 33 (including as applied mutatis mutandis pursuant to paragraph (1) of the preceding Article)), within a unextendable period of two weeks from the day on which the judicial decision is served; provided, however, that this does not apply to a judicial decision on a filing of an objection to a provisional remedy issued by a court in charge of an appeal.

(2)If the court of prior instance receives an appeal pertaining to provisional remedy, the court of prior instance must refer the case to a court in charge of an appeal without assessing the existence of grounds for the appeal.

(3)No further appeal may be filed against a judicial decision on an appeal pertaining to provisional remedy.

(4)The provisions of the main clause of Article 16, Article 17, and Article 32, paragraph (2) and paragraph (3) apply mutatis mutandis to a ruling on an appeal pertaining to provisional remedy; the provisions of Article 27, paragraph (1), paragraph (4), and paragraph (5), Article 29, Article 31, and Article 33 apply mutatis mutandis to a judicial decision on an appeal pertaining to provisional remedy; and the provisions of Article 349 of the Code of Civil Procedure apply mutatis mutandis when a judicial decision against which an appeal pertaining to provisional remedy may be filed becomes final and binding.

(5)If the case record exists at the court of prior instance, the court of prior instance may also make a judicial decision under the provisions of Article 27, paragraph (1) as applied mutatis mutandis pursuant to the preceding paragraph.

Article 42(1)If an appeal pertaining to provisional remedy is filed against a ruling to revoke an order for a provisional remedy, the court in charge of an appeal may, upon petition, order a stay of the effect of the ruling to revoke the order for the provisional remedy by requiring the provision of security or on condition that security will be provided, during the period until the court reaches a judicial decision on the appeal, but only if a prima facie showing is made with regard to circumstances that are clearly grounds for revocation of the ruling of prior instance, and of the likelihood that revoking the order will cause damage which cannot be compensated.

(2)The provisions of Article 15, Article 27, paragraph (4), and paragraph (5) of the preceding Article apply mutatis mutandis to the judicial decision set forth in the provisions of the preceding paragraph.

Article 43(1)The execution of a provisional remedy is to be implemented based on an authenticated copy of the order for the provisional remedy; provided, however, that the execution of a provisional remedy against or in the interest of a party other than the party indicated in the order for the provisional remedy is to be implemented based on an authenticated copy of the order for the provisional remedy with a certificate of execution attached thereto.

(2)A provisional remedy may not be executed when two weeks have elapsed from the day on which the order for the provisional remedy is served upon the obligee.

(3)A provisional remedy may be executed even before the order for the provisional remedy is served upon the obligor.

Article 44(1)If a judicial decision is rendered to make the continuance of an execution of a provisional remedy conditional upon the provision of security pursuant to the provisions of Article 32, paragraph (2) (including as applied mutatis mutandis pursuant to Article 38, paragraph (3) and Article 41, paragraph (4); hereinafter the same applies in this paragraph), the obligee must submit a document certifying that they have provided security within the period specified under the provisions of Article 32, paragraph (2), to the court executing the provisional remedy or to the court execution officer within one week from the last day of that period.

(2)If the obligee fails to submit the document under the provisions of the preceding paragraph, the court executing the provisional remedy or the court execution officer must revoke the disposition that has already been made to execute the provisional remedy if the obligor submits an authenticated copy of the judicial decision set forth in that paragraph.

(3)The provisions of Article 40, paragraph (2) of the Civil Execution Act apply mutatis mutandis to the revocation of a disposition of execution pursuant to the provisions of the preceding paragraph.

Article 45A third party action against the execution of a provisional remedy carried out by a high court as the court executing the provisional remedy falls under the jurisdiction of the district court that has jurisdiction over the location of the property to be provisionally seized or the disputed subject matter.

Article 46Except as otherwise provided for in this Chapter, the provisions of Articles 5 through 14, Article 16, Article 18, Article 23, paragraph (1), Article 26, Article 27, paragraph (2), Article 28, Article 30, paragraph (2), Articles 32 through 34, Articles 36 through 38, Article 39, paragraph (1), items (i) through (iv), item (vi) and item (vii), Article 40, and Article 41 of the Civil Execution Act apply mutatis mutandis to the execution of provisional remedy.

Article 47(1)A provisional seizure of real property prescribed in Article 43, paragraph (1) of the Civil Execution Act (including property that is deemed to be real property pursuant to the provisions of paragraph (2) of the same Article) is executed by means of registration of the provisional seizure or by means of compulsory administration. These means may be used jointly.

(2)The court that issued the order for provisional seizure has jurisdiction over a provisional seizure that is executed by means of registration of the provisional seizure, as the court executing the provisional remedy.

(3)A court clerk is to commission the registration of a provisional seizure.

(4)In the execution of a provisional seizure by means of compulsory administration, the administrator must make a statutory deposit of the money to be allotted to the liquidating distribution, etc. as calculated under the provisions of Article 107, paragraph (1) of the Civil Execution Act as applied mutatis mutandis pursuant to the following paragraph, and notify the court executing the provisional remedy of the circumstances.

(5)The provisions of Article 46, paragraph (2), Article 47, paragraph (1), Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act apply mutatis mutandis to the execution of a provisional seizure by means of registration of the provisional seizure, and the provisions of Article 44, Article 46, paragraph (1), Article 47, paragraph (2), the main clause of paragraph (6), and paragraph (7), Article 48, Article 53, Article 54, Articles 93 through 93-3, Articles 94 through 104, Article 106, and Article 107, paragraph (1) of the same Act apply mutatis mutandis to the execution of a provisional seizure by means of compulsory administration.

Article 48(1)The provisional seizure of a vessel is executed by means of registration of the provisional seizure or by means of ordering the court execution officer to confiscate the document proving the nationality of the vessel and other necessary documents for the navigation of the vessel (hereinafter referred to as the "certificate of the vessel's nationality, etc." in this Article) and to submit them to the court executing the provisional remedy. These means may be used jointly.

(2)The court that issued the order for provisional seizure has jurisdiction over the execution of a provisional seizure that is carried out by means of registration of the provisional seizure as the court executing the provisional remedy, and the district court that has jurisdiction over the location of the vessel has jurisdiction over the execution of a provisional seizure that is carried out by means of ordering the confiscation of the certificate of the vessel's nationality, etc.

(3)The provisions of paragraph (3) of the preceding Article and the provisions of Article 46, paragraph (2), Article 47, paragraph (1), Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act apply mutatis mutandis to the execution of a provisional seizure by means of registration of the provisional seizure, and the provisions of Article 45, paragraph (3), Article 47, paragraph (1), Article 53, Article 116 and Article 118 of the same Act apply mutatis mutandis to the execution of a provisional seizure by means of ordering the confiscation of the certificate of the vessel's nationality, etc.

Article 49(1)The provisional seizure of movables is executed by means of a court execution officer taking possession of the subject matter.

(2)A court execution officer must make a statutory deposit of money that is subject to the execution of a provisional seizure. The same applies to money paid to a court execution officer with regard to a negotiable instrument, check or any other securities for payment of money, which is subject to the execution of a provisional seizure and requires presentation for underwriting or payment, or requires a demand for payment within the period specified for exercising their rights.

(3)If the movables subject to the execution of a provisional seizure are likely to considerably decline in value or if retaining the movables requires an inappropriate amount of costs, the court execution officer must sell the movables by following the procedures for the sale of movables subject to execution under the provisions of the Civil Execution Act, and make a statutory deposit of the proceeds of the sale.

(4)The provisions of Articles 123 through 129, Article 131, Article 132, and Article 136 of the Civil Execution Act apply mutatis mutandis to the execution of a provisional seizure of movables.

Article 50(1)The provisional seizure of a claim prescribed in Article 143 of the Civil Execution Act is executed by the court that executes a provisional remedy issuing an order prohibiting a third party obligor from providing performance to the obligor.

(2)The court that issued the order for provisional seizure has jurisdiction over the execution of a provisional seizure referred to in the preceding paragraph, as the court that executes the provisional remedy.

(3)If a third party obligor has made a statutory deposit of money equivalent to the amount of the claim for the payment of money against which the provisional seizure was executed, the obligor is deemed to have made a statutory deposit of money equivalent to the amount of money specified under the provisions of Article 22, paragraph (1); provided, however, that this does not apply to the part of the deposit which exceeds the amount of money equivalent to the specified amount.

(4)The provisions of paragraph (1) and paragraph (2) apply mutatis mutandis to the execution of a provisional seizure of other property rights.

(5)The provisions of Article 145, paragraphs (2) through (5), Articles 146 through 153, Article 156, Article 164, paragraph (5) and paragraph (6), and Article 167 of the Civil Execution Act apply mutatis mutandis to the execution of a provisional seizure of a claim and other property rights as set forth in paragraph (1).

Article 51(1)If an obligor proves that they have made a statutory deposit of money equivalent to the amount of money specified under the provisions of Article 22, paragraph (1), the court executing the provisional remedy must revoke the execution of the provisional seizure.

(2)Notwithstanding the provisions of Article 12, paragraph (2) of the Civil Execution Act as applied mutatis mutandis pursuant to Article 46, the ruling made under the provisions of the preceding paragraph becomes effective immediately.

Article 52(1)The execution of a provisional disposition is governed by the rules for the execution of a provisional seizure or compulsory execution, in addition to the provisions of this Section.

(2)In the execution of a provisional disposition that orders the delivery of property or, other actions or inaction, the order of provisional disposition is deemed to be the title of obligation.

Article 53(1)A provisional disposition prohibiting the disposal of property in order to preserve the right to claim the registration (excluding provisional registration) of a right to real property (hereinafter referred to as the "right to claim registration") is executed by means of registration of the prohibition of disposal.

(2)A provisional disposition prohibiting the disposal of property in order to preserve the right to claim a registration with regard to the preservation, establishment, or change of a right to real property other than an ownership right is executed by means of provisional registration through a provisional disposition (hereinafter referred to as a "provisional registration for the purpose of preservation"), together with the registration of the prohibition of disposal referred to in the preceding paragraph.

(3)The provisions of Article 47, paragraph (2) and paragraph (3), and the provisions of Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act apply mutatis mutandis to the execution of a provisional disposition prohibiting the disposal of property set forth in the preceding two paragraphs.

Article 54The provisions of the preceding Article apply mutatis mutandis to the execution of a provisional disposition prohibiting the disposal of property in order to preserve the right to claim registration (excluding provisional registration) of a right other than a right to real property, for which the restriction on disposal may not be duly asserted against a third party or which is not effective until registered.

Article 54-2An order of provisional disposition prohibiting the transfer of possession issued under the provisions of Article 25-2, paragraph (1) may not be executed if it is not possible to specify the possessor of real property that constitutes the disputed subject matter, at the time of releasing the real property from possession.

Article 55(1)When an order of provisional disposition is issued to prohibit the disposal of a building in order to preserve the right to claim the removal of the building and the surrender of its grounds, the provisional disposition is executed by registration of the prohibition on the disposal of the property.

(2)The provisions of Article 47, paragraph (2) and paragraph (3), and the provisions of Article 48, paragraph (2), Article 53, and Article 54 of the Civil Execution Act apply mutatis mutandis to the execution of provisional disposition prohibiting the disposal of property set forth in the preceding paragraph.

Article 56When an order of provisional disposition is issued that suspends the performance of duties by the person registered as the representative or other officers of a corporation or that appoints a person to execute the duties on behalf of the registered person, or when a ruling is made that changes or revokes the order of provisional disposition, a court clerk must commission the registration to the registry office that has jurisdiction over the location of the head office or principal office of the corporation (for a foreign corporation, the location of each office); provided, however, that this does not apply if these matters should not be registered.

Article 57(1)If the obligor proves that they have made a statutory deposit of money equivalent to the amount of money specified under the provisions of Article 25, paragraph (1), the court executing the provisional remedy must revoke the execution of the provisional disposition.

(2)The provisions of Article 51, paragraph (2) apply mutatis mutandis to the ruling made pursuant to the provisions of the preceding paragraph.