Originally from The Law and Practice of International Arbitration: Essays in Honor of John Fellas – Preview Page

1. INTRODUCTION 

In recent years, Japan has significantly intensified its focus on continuing to modernize its arbitration and mediation frameworks, as part of a national policy aimed at revitalizing international dispute resolution in Japan. Historically, Japan has been characterized as having a relatively “low profile” in international arbitration, especially when compared to established hubs in Asia such as Singapore and Hong Kong, which are leading venues globally. The Japan Commercial Arbitration Association (the “JCAA”), despite being the country’s primary arbitral institution, administers a limited number of cases each year. As a result, Japanese businesses have frequently turned to overseas arbitration venues, and may have perceived additional burdens with international arbitration. 

Recognizing that international arbitration is the prevailing method for resolving cross-border commercial disputes, and a vital component of global business infrastructure, the Japanese government and legal community have come to view the promotion of international arbitration as a matter of national interest. A prior lack of emphasis on arbitration has led to a negative cycle of underdevelopment: limited case experience, a shortage of experienced professionals, and inadequate facilities. In response, a coordinated, multi-stakeholder effort has been launched to establish Japan as an arbitration-friendly jurisdiction.