Changing the (JCAA) Rules: Improving International Commercial Arbitration in Japan

Journal of Japanese Law, Vol. 18, pp. 23-36, 2004

14 Pages Posted: 8 Nov 2005 Last revised: 4 Jul 2013

See all articles by Gerald McAlinn

Gerald McAlinn

Keio University - Faculty of Law

Luke R. Nottage

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

Abstract

This article analyses the Commercial Arbitration Rules of the Japan Commercial Arbitration Association, amended with effect from 1 April 2004 in conjunction with Japan's new Arbitration Law of 2003 based on the 1985 UNCITRAL Model Law. Since so much of the Law comprises default provisions, the scope and interpretation of the new JCAA Rules are essential to promoting consensual Alternative Dispute Resolution, a key plank of the whole-scale reform of civil justice initiated since 2001. Such changes may also help correct rather stereo-typical views linking limited use of arbitration within Japan to alleged cultural preferences. Finally, the efforts behind amendments to the JCAA Rules should contribute to further rounds of arbitration law reform and improvements in the rules and practices of ADR bodies in Japan, the Asia-Pacific region, and world-wide.

Keywords: commercial arbitration, Japan

JEL Classification: K41

Suggested Citation

McAlinn, Gerald Paul and Nottage, Luke R., Changing the (JCAA) Rules: Improving International Commercial Arbitration in Japan. Journal of Japanese Law, Vol. 18, pp. 23-36, 2004. Available at SSRN: https://ssrn.com/abstract=837085

Gerald Paul McAlinn

Keio University - Faculty of Law ( email )

2-15-45 Mita
Minato-ku
Tokyo, 108-8345
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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