Developing Japan as a Regional Hub for International Dispute Resolution: Dream Come True or Daydream?

Abstract

The Japanese government, supported by various stakeholders, has recently been attempting to develop Japan as another regional hub for international business dispute resolution services. Tracking this development is important for both theoretical and practical reasons. How it unfolds should reveal which of various theories for explaining Japanese law-related behaviour have more traction nowadays. Assessing the new initiatives is also important for legal practitioners and others interested in the practical question of where to arbitrate or mediate cross-border business disputes. This paper therefore reports on current attempts to promote existing and new international arbitration centres in Japan as well as the recent establishment of the Japan International Mediation – Kyoto, in the context of intensifying competition from other regional venues for dispute resolution services.

Keywords: dispute resolution, arbitration, mediation, alternative dispute resolution (ADR), international investment law, investor-state dispute settlement (ISDS), Japanese law, Asian law, comparative law, law reform

JEL Classification: K10, K30