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Japan Becomes a Friendly Place for International Arbitration - Dispute Resolution Journal - Vol. 61, No. 1

Author(s): 
David E. Wagoner
Page Count: 
7 pages
Published: 
February, 2006
Jurisdictions: 
Japan
Practice Areas: 
JCCA,
Dispute Resolution & Litigation,
ADR,
Mediation
Author Detail: 

David Wagoner, a Seattle-based arbitrator, mediator and consultant, currently serves on the international panel of the International Centre for Dispute Resolution, the American Arbitration Association’s international division, and on the panel of the China International Economic and Trade Arbitration Commission in China. Mr. Wagoner’s arbitration practice has involved businesses from countries around the globe, and all kinds of transactions, including joint ventures, franchises, purchase and sales, debt restructuring, leasing, letters of credit, product development and construction. Mr. Wagoner is a Fellow of the American College of Trial Lawyers, the Chartered Institute of Arbitrators, and the Singapore Institute of Arbitrators. His Web site address is www.davidwagoner.com.

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Description: 

Originally from Dispute Resolution Journal

Japan has changed its arbitration laws and rules to be more harmonious with international business standards, which could even lead to a JCAA arbitration in the United States. The author also provides a suggested three-tier ADR clause for transactions involving Japanese parties.

The astounding growth in international trade with the two great markets in Asia—China and Japan—has unleashed an unprecedented examination of the mechanisms for resolving international commercial disputes. In China, the leading arbitration institution, CIETAC (the China International Economic and Trade Arbitration Commission), has recently made significant improvements to its rules. In recent years, some 172 new dispute resolution organizations have been formed in China. Outside organizations, such as the ICC (International Chamber of Commerce) in Paris, are beginning to administer arbitrations held in China. In tandem with these developments, Japan has modernized its obsolete arbitration law and its leading arbitral institution, the JCAA (the Japan Commercial Arbitration Association), has amended its rules to harmonize with recognized international practices.