Japan - National Report - World Arbitration Reporter (WAR) - 2nd Edition
Masafumi Kodama was admitted to practice law in Japan in 1993 and in New York, U.S.A. in 1999. Mr. Kodama handles various international and domestic dispute resolution cases (including arbitration), insolvency cases and transaction cases. He has been a Partner of Kitahama Partners in Osaka, Japan since 2001, and has served as Council of Japan Association of Arbitrators since 2011. Between 2004 and 2008, Mr. Kodama also served as professor at the Law School of Kobe Gakuin University. He received his B.A. from University of Tokyo and his LL.M. from Cornell Law School.
Originally from World Arbitration Reporter (WAR) - 2nd Edition
I. INTRODUCTION: ARBITRATION IN JAPAN —HISTORY AND INFRASTRUCTURE
A. History and Current Legislation on Arbitration
1. Historical evolution of law relating to arbitration
The first statute on arbitration in Japan was enacted in 1890 as part of the Code of Civil Procedure. This set of provisions, modelled after nineteenth-century German law with just 20 articles had, from a modern viewpoint, several shortcomings. Some examples include more grounds for setting aside an arbitral award; the default number of arbitrators was two (and if they could not agree on an award, the arbitration agreement would be terminated); and the process for enforcing an arbitral award required a formal oral hearing.
Japan joined the Convention on the Recognition and Enforcement of Foreign Arbitral Awards (the “New York Convention”) in 1961, but the old arbitration law had not been significantly amended during the twentieth century — for more than 110 years. However, around 2001, the Japanese government initiated an overall reform of the law and judicial system. As part of this process, the arbitration law was also reformed, modelling it after the original (1985) version of UNCITRAL Model Law on International Commercial Arbitration (the “Model Law”). This new Arbitration Act (the “Act”), enacted in 2003 and effective on March 1, 2004, totally modernized the Japanese arbitration law.
2. Current law and possible reform projects
As stated above, the Act was modelled after the UNCITRAL Model Law. The Act has 55 articles and 22 supplementary provisions and incorporates most of the provisions of the Model Law. The Act also contains some provisions not in the Model Law.