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

Journal of Japanese Law, 47, 2019 pp. 109-131

Sydney Law School Research Paper No. 19/01

19 Pages Posted: 11 Dec 2018 Last revised: 26 May 2020

See all articles by James M. Claxton

James M. Claxton

Rikkyo University

Luke R. Nottage

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

Nobumichi Teramura

University of Sydney Law School; Adelaide Law School

Date Written: December 11, 2018

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

Suggested Citation

Claxton, James M. and Nottage, Luke R. and Teramura, Nobumichi, Developing Japan as a Regional Hub for International Dispute Resolution: Dream Come True or Daydream? (December 11, 2018). Journal of Japanese Law, 47, 2019 pp. 109-131; Sydney Law School Research Paper No. 19/01. Available at SSRN: https://ssrn.com/abstract=3299097

James M. Claxton

Rikkyo University ( email )

3-chome Nishi-ikebukuro
Toshima-ku
Tokyo, 171-0021
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

Nobumichi Teramura

University of Sydney Law School ( email )

Sydney
Australia

Adelaide Law School ( email )

Australia

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