Arbitration Reform in Japan: Reluctant Legislature and Institutional Challenges

in Reyes, Anselmo; Gu, Weixia (eds), 'The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific' (Hart Publishing, 2018) 83

Sydney Law School Research Paper No. 18/59

53 Pages Posted: 20 Sep 2018 Last revised: 26 May 2020

See all articles by Nobumichi Teramura

Nobumichi Teramura

University of Brunei Darussalam; The University of Sydney

Luke R. Nottage

The University of Sydney Law School; The University of Sydney - Australian Network for Japanese Law; University of Wollongong - Faculty of Law, Humanities and the Arts (LHA)

Date Written: September 20, 2018

Abstract

Reforms to the arbitration legal framework in Japan have been managed in various ways by legislative, judicial and arbitration institutions. The principal purpose of these reforms has been to make ‘Japanese’ arbitration more appealing and accessible to the international market, while a secondary aim has been to promote arbitration and alternative dispute resolution (ADR) for Japanese companies. This chapter analyses what these reforms have achieved.

It summarises the current framework of arbitration in Japan, then the recent reforms to Japanese arbitration law and practice. Key features are that law reform for arbitration is basically initiated by academics, the business sector plays a limited and quite diffuse role, and legal practitioners are still not very active either. The chapter proposes further reforms in specific areas of arbitration law and practice in both international and domestic contexts. This manuscript also briefly cites online summaries, by one or both of us, regarding some new Japanese developments in 2018.

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

JEL Classification: K10, K30, K33

Suggested Citation

Teramura, Nobumichi and Nottage, Luke R., Arbitration Reform in Japan: Reluctant Legislature and Institutional Challenges (September 20, 2018). in Reyes, Anselmo; Gu, Weixia (eds), 'The Developing World of Arbitration: A Comparative Study of Arbitration Reform in the Asia Pacific' (Hart Publishing, 2018) 83, Sydney Law School Research Paper No. 18/59, Available at SSRN: https://ssrn.com/abstract=3252270

Nobumichi Teramura

University of Brunei Darussalam ( email )

Jalan Tungku Link
Gadong
Bandar Seri Begawan, BE1410
Brunei

HOME PAGE: http://https://ias.ubd.edu.bn/nobumichi-teramura/

The University of Sydney ( email )

Sydney
Australia

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

University of Wollongong - Faculty of Law, Humanities and the Arts (LHA) ( email )

Fairymeadow, Northfields Ave
Building 19
Wollongong, New South Wales 2522
Australia

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