Japan - Baker & McKenzie International Arbitration Yearbook: 2012-2013
Haig Oghigian is a Partner and co-chair of the Litigation and Dispute Resolution Group at Baker & McKenzie, Tokyo office. 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 construction and engineering contracts.
Mami Ohara is an Associate in the Litigation and Dispute Resolution Group in Baker & McKenzie's Tokyo office.
Hiroyuki Hamai is an Associate in the Litigation and Dispute Resolution Group in Baker & McKenzie's Tokyo office.
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.
A. Legislation, Trends and Tendencies
A.1 Historical Background
A.2 Main Features of the Arbitration Law
B.1 Court Assistance in Taking Evidence
B.2 Separability of Arbitration Agreement
B.3 Public Policy
B.4 Enforcement Order
B.5 Grounds for Setting Aside the Arbitral Award
C. The Grant and Enforcement of Interim Measures in International Arbitration
C.1 Tribunal-Ordered Interim Measures
C.2 Court-Ordered Interim Measures
C.3 Enforcement of Interim Measures