JCAA

Arbitration Institutions and Rules, Asia-Pacific, Enforcement, Japan, Japan Commercial Arbitration Association, JCAA

(Utsunomiya Chuo Attorneys at Law), (Albert Luk’s Chambers), and (City-Yuwa Partners )/ /Leave a comment

From 20 to 22 November 2024, the Japan Commercial Arbitration Association (JCAA) hosted the second edition of the JCAA Arbitration Days, as part of the inaugural Japan International Arbitration Week (JIAW) in Tokyo.  This article reports on the second day of the JCAA Arbitration Days, held in hybrid format on 21 November 2024.  The panels…

Asia-Pacific, Best practices, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

(City-Yuwa Partners ), (Miura & Partners), and (City-Yuwa Partners)/ /Leave a comment

This year, Japan held its first ever Japan International Arbitration Week (JIAW) in Tokyo from 18-22 November 2024.  Previously held as a standalone event for the first time last year, this year’s Japan Commercial Arbitration Association (JCAA) Arbitration Days featured an expanded two days of sessions in English followed by one day of sessions in…

Arbitral seat, Arbitration Act, Arbitration institution, Arbitration Institutions and Rules, Japan, Japan Commercial Arbitration Association, JCAA

(DLA Piper), (City-Yuwa Partners), (Miura & Partners), (Nozomi Sogo Attorneys at Law), (Oh-Ebashi LPC & Partners), and (City-Yuwa Partners )/ /Leave a comment

On 17 November 2023, the leading arbitration-related institutions and government entities in Japan co-hosted an international arbitration conference, entitled “Exploring Innovative Solutions in a Changing World”, to showcase Japan’s flourishing ecosystem as a preferred place of arbitration, and to mark the 70th anniversary of the Japan Commercial Arbitration Association (JCAA). Held in Tokyo, this event…

Civil Law, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules, Settlement

(Mori Hamada & Matsumoto)/ /Leave a comment

In recent years, criticism that international arbitration rules lean too heavily on common law traditions—with similar legal costs as a result—has culminated in the creation of multiple new sets of arbitration rules, each claiming to facilitate more efficient arbitration proceedings through civil law-based case management strategies. Whether those rules actually result in more proactive management…

Arbitration, Japan, JCAA, Mediation

(Herbert Smith Freehills LLP)/ /1 Comment
Herbert Smith Freehills

The dispute resolution landscape in Japan is almost unrecognisable from the position 20 years ago.  In that time, Japan has evolved into a significant market for cross-border contentious legal matters.  Sophisticated Japanese corporations with significant overseas business are comfortable using international arbitration and mediation as methods of dispute resolution. 86% of the case load of…

Arbitral seat, Arbitration Act, Arbitration institution, Institutional Rules, Japan, Japan Commercial Arbitration Association, JCAA

(Nagashima Ohno & Tsunematsu Singapore LLP) and (Nagashima Ohno & Tsunematsu)/ /Leave a comment

On 31 May 2021, the Japan Commercial Arbitration Association (“JCAA”), Japan International Dispute Resolution Center (“JIDRC”), and the Japanese Ministry of Justice (“MoJ”) co-hosted a webinar on developments in arbitration in Japan and Japan’s potential as an international arbitration hub. Some of the key takeaways from the event include: positive experiences with the physical and…

Japan, Japan Commercial Arbitration Association, JCAA, Third party funding

(Nishimura & Asahi)/ /Leave a comment

The economic turmoil brought about by the COVID-19 pandemic will undoubtedly give parties pause in weighing the potential benefits of pursuing an arbitration claim, no matter how strong it is believed to be.1)The author thanks and acknowledges Mr. Akihiro Hironaka and Mr. Mihiro Koeda for their comments on this piece. Yet international disputes and arbitration…

Arbitration institution, Institutional Rules, Interviews with Our Editors, Japan, Japan Commercial Arbitration Association, JCAA

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Professor Masato Dogauchi is a Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration Association (“JCAA”), Professor of Law at Waseda University Law School, and Professor Emeritus at the University of Tokyo. He has authored numerous publications in the areas of arbitration, international civil procedure, and private international law. He has sat as arbitrator,…

Japan, Japan Commercial Arbitration Association, JCAA

(Greenberg Traurig, LLP) and (Iwata Godo)/ /Leave a comment

Arbitration in Japan recently received a domestic boost when two Japanese industry titans agreed to arbitrate their dispute over a South African coal plant, with claims worth several billion US dollars, before the JCAA. However domestic arbitration in Japan tends to be used sparingly and this is often cited as a reason for many Japanese…

Japan, Japan Commercial Arbitration Association, JCAA, Prague Rules

, , and (Herbert Smith Freehills LLP)/ /Leave a comment
Herbert Smith Freehills

Overview1)The views expressed herein are those of the authors and should not be construed as necessarily reflecting those of their firm or of any of its clients. On 1 January 2019 the Japan Commercial Arbitration Association (the “JCAA“) amended its two current sets of arbitration rules. At the same time, it introduced an additional set…

Japan, Japan Commercial Arbitration Association, JCAA

(Universiti Brunei Darussalam & University of Sydney) and (University of Sydney & Williams Trade Law)/ /Leave a comment

Not long after the ICCA Congress held in Sydney, the Japan International Dispute Resolution Center (JIDRC) was established in Osaka on 1 May 2018, with some fanfare from the Japanese government and local legal circles. ‘JIDRC-Osaka’ does not provide arbitration services but offers specialist facilities for international arbitration hearings and other forms of Alternative Dispute Resolution…

Arbitration institution, Japan, JCAA

(University of Sydney & Williams Trade Law) and (Waseda University)/ /Leave a comment

“Japan is Back”?   Prime Minister Shinzo Abe himself is certainly back – having led the Liberal Democratic Party (LDP) to a fifth consecutive election in October 2017. If Abe remains in power for another three years, he will become the longest serving Japanese prime minister since World War II. Although the electorate probably responded…

Arbitral Award, Arbitration, Japan, JCAA, Set aside an arbitral award

, (Nagashima Ohno & Tsunematsu)/ /Leave a comment

Under the Japanese Arbitration Act, which was established based on the UNCITRAL Model Law on International Commercial Arbitration in 2003, parties may file a petition with a court requesting the court to set aside an arbitral award under certain circumstances. In such petition, parties frequently assert, among others, that “the terms of the arbitral award…