Originally from: Baker & McKenzie International Arbitration Yearbook: 2012-2013

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A. LEGISLATION, TRENDS AND TENDENCIES

Japan revamped its arbitration system and enacted a new standalone arbitration law on March 1, 2004 (the “Arbitration Law”),4 which is largely based on the UNCITRAL Model Law. At the same time, Japan’s leading international commercial arbitration institution, the Japan Commercial Arbitration Association (the “JCAA”), revised its commercial arbitration rules (the “Rules”) to bring them in line with the Arbitration Law, the UNCITRAL Arbitration Rules, and the rules of other leading international commercial dispute resolution organizations.

Over the past decade, the use of arbitration has become increasingly more common to resolve international disputes in Japan. Courts in Japan are generally known to be pro-arbitration in making their decisions, and they respect the finality of arbitration awards.

This section will provide a brief summary of the historical background of arbitration law in Japan as well as an introduction of the key reforms and unique features of the Arbitration Law and the Rules.