Changing the (Jcaa) Rules: Improving International Commercial Arbitration in Japan

Abstract:     
This article analyses the Commercial Arbitration Rules of the Japan Commercial Arbitration Association, amended with effect from 1 April 2004 in conjunction with Japan's new Arbitration Law of 2003 based on the 1985 UNCITRAL Model Law. Since so much of the Law comprises default provisions, the scope and interpretation of the new JCAA Rules are essential to promoting consensual Alternative Dispute Resolution, a key plank of the whole-scale reform of civil justice initiated since 2001. Such changes may also help correct rather stereo-typical views linking limited use of arbitration within Japan to alleged cultural preferences. Finally, the efforts behind amendments to the JCAA Rules should contribute to further rounds of arbitration law reform and improvements in the rules and practices of ADR bodies in Japan, the Asia-Pacific region, and world-wide.

Number of Pages in PDF File: 14

Keywords: commercial arbitration, Japan

JEL Classification: K41

Accepted Paper Series