With the growth in the global marketplace and the increased reliance on international arbitration to resolve private international commercial disputes, it has become increasingly important for regional arbitration centers to modernize their arbitration rules to bring them in line with current standards. Authors Melanie Ries and Bryant Woo describe the changes to the arbitration rules of the JCAA and CIETAC, and point out their differences and similarities and where they have made advances and where they have not gone far enough.
Arbitration is one of the most commonly used means of resolving disputes in the international business arena. Compared with the traditional lawsuit, arbitration has more autonomy and freedom for the parties, it is more flexible and has less complex procedures, and it offers the advantage of privacy. Today, arbitration is playing an increasingly important role in Asia.1 The number of arbitration cases filed in Asian arbitration institutions, especially international cases with Asian parties, has increased steadily over the last 10 years.2
While arbitration is not used very often in Japan, its popularity is increasing there. The leading arbitration body in Japan, the Japan Commercial Arbitration Association (JCAA), implemented amended Commercial Arbitration Rules3 effective as of March 1, 2004.