Arbitration in Japan

ARBITRATION IN ASIA, T. Ginsburg, S. Ali, eds., Juris: NY, Forthcoming

Sydney Law School Research Paper No. 12/39

39 Pages Posted: 30 May 2012 Last revised: 31 Aug 2012

Tatsuya Nakamura

Kokushikan University - Faculty of Law; Japan Commercial Arbitration Association

Luke R. Nottage

The University of Sydney Law School ; The University of Sydney - Australian Network for Japanese Law

Date Written: May 30, 2012

Abstract

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.'

Keywords: dispute resolution, arbitration, Japanese law, Asian law, comparative law

JEL Classification: K10, K30, K33

Suggested Citation

Nakamura, Tatsuya and Nottage, Luke R., Arbitration in Japan (May 30, 2012). ARBITRATION IN ASIA, T. Ginsburg, S. Ali, eds., Juris: NY, Forthcoming; Sydney Law School Research Paper No. 12/39. Available at SSRN: https://ssrn.com/abstract=2070447

Tatsuya Nakamura

Kokushikan University - Faculty of Law ( email )

4-28-1 Setagaya
Tokyo, 154-8515
Japan

Japan Commercial Arbitration Association

3rd Floor, Hirose Building
3-17, Kanda Nishiki-cho, Chiyoda-ku
Tokyo, 101-0054
Japan

Luke R. Nottage (Contact Author)

The University of Sydney Law School ( email )

New Law Building, F10
The University of Sydney
Sydney, NSW 2006
Australia

The University of Sydney - Australian Network for Japanese Law

Room 640, Building F10, Eastern Avenue
Sydney, NSW 2006
Australia

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