Originally from Handbook on Third-Party Funding in International Arbitration, Second Edition

PREVIEW PAGE

PART I.  THE THIRD-PARTY FUNDING LANDSCAPE

1.   The TPF market in Japan

1.1.  Please shortly describe the TPF market in your Jurisdiction.

TPF is not yet common in Japan. There are no statutes or case law specifically prohibiting or permitting third-party funding of arbitral claims. Therefore, there is uncertainty as to whether third-party funding is permitted (and if so, to what extent).

1.2.  Is it dominated by local or international Funders? Which Funders are active? Which cases typically get funded?

The TPF market is considered to be dominated by international Funders. However, I have no specific information as to which Funders are active and which cases typically get funded.

1.3.  What types of funding exist (e.g., ISDS, Commercial Arbitration, portfolio funding, respondent-side funding etc.)?

Since TPF is not yet common in Japan, I have no specific information as to the types of funding.

1.4.  Is there any directory on available Funders?

Since TPF is not yet common in Japan, I have no specific information about any directory on available Funders