Japan - Baker & McKenzie International Arbitration Yearbook: 2010-2011
Haig Oghigian is a Partner, Co-chair of the Litigation and Dispute Resolution Group in Baker & McKenzie’s Tokyo office, and Steering Committee member of the Firm’s International Arbitration Practice Group. In addition to his work in dispute resolution, Mr. Oghigian advises clients on mergers and acquisitions, joint ventures, license agreements and distribution agreements, as well as on construction and engineering contracts.
Mami Ohara is an Associate in the Litigation and Dispute Resolution Group in Baker & McKenzie’s Tokyo office.
Originally from Baker & McKenzie International Arbitration Yearbook 2010-2011
A. LEGISLATION, TRENDS AND TENDENCIES
The new Arbitration Law of Japan (the “Arbitration Law”) was promulgated on 1 August 2003 at the 156th session of the National Diet as Law No. 138 and came into force on 1 March 2004. Thus in 2004, Japan’s arbitration system was completely overhauled. Japan modernized its outmoded arbitration law4 and brought it in line with the UNCITRAL Model Law. At the same time, Japan’s leading international commercial arbitral institution, the JCAA, revamped 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. This section will provide a brief summary of the historical background of the arbitration law in Japan as well as an introduction to the key reforms and unique features of the Arbitration Law and the Rules.