Arbitration in Japan
Kokushikan University - Faculty of Law; Japan Commercial Arbitration Association
Luke R. Nottage
University of Sydney - Faculty of Law; University of Sydney - Australian Network for Japanese Law
May 30, 2012
ARBITRATION IN ASIA, T. Ginsburg, S. Ali, eds., Juris: NY, Forthcoming
Sydney Law School Research Paper No. 12/39
This paper outlines the law and practice of international commercial arbitration in Japan, including comparative observations – especially with other jurisdictions that have adopted the UNCITRAL Model Law, such as Australia.
The Introduction sets out general patterns, noting some recent increases in international arbitration caseloads in Japan, but also possible reasons behind comparatively low levels of arbitration activity. It also outlines the historical development of Japan’s arbitration legislation, culminating in enactment of the Arbitration Law 2003. Part II looks more closely at that present legal framework, discussing recent Japanese case law of practical and/or comparative interest. Part IV separates out issues related to enforcement of arbitration awards, under the Arbitration Law or the 1958 New York Convention. Part III takes a closer look at arbitration practice in Japan, especially the roles of various arbitration institutions.
Part V concludes that 'it is difficult to see much scope for dramatic increases in international or domestic arbitration caseloads in Japan. However, broader structural shifts should generate gradual but steady increases, especially in cross-border dealings. In specific negotiations, moreover, some Japanese firms may press hard for arbitration with the seat in Japan – and foreign counterparts should realize that arbitration in Japan amply meets global standards.'
Number of Pages in PDF File: 39
Keywords: dispute resolution, arbitration, Japanese law, Asian law, comparative law
JEL Classification: K10, K30, K33
Date posted: May 30, 2012 ; Last revised: August 31, 2012