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Japan - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Haig Oghigian
Mami Ohara
Hiroyuki Hamai
Page Count: 
20 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Japan
Practice Areas: 
Public Policy Favoring Arbitration,
Commencement of Arbitral Proceeding,
Separability,
JCCA
Author Detail: 

 

Haig Oghigian is a Partner and co-chair of the Litigation and Dispute Resolution Group of Baker & McKenzie’s 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 of Baker & McKenzie’s Tokyo office.

Hiroyuki Hamai is an Associate in the Litigation and Dispute Resolution Group of Baker & McKenzie’s Tokyo office.

 

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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JAPAN
Haig Oghigian, Mami Ohara and Hiroyuki Hamai

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.

Table of Contents: 

JAPAN
Haig Oghigian, Mami Ohara and Hiroyuki Hamai
 

A. Legislation, Trends and Tendencies
A.1 Historical Background
A.2 Main Features of the Arbitration Law
B. Cases
B.1 Court Assistance in Taking Evidence
B.2 Separability of Arbitration Agreement
B.3 Public Policy
B.4 Enforcement Order
C. Public Policy in International Arbitration
C.1 Effect of Arbitral Awards Conflicting with Public Policy
C.2 Setting Aside Arbitral Awards
C.3. Enforcement and Recognition of Arbitral Awards
C.4 Invailidity of Arbitration Awards
C.5 Pending Arbitration