Arbitration in Japan: A Practitioner's Guide

SKU:10082010-0001

John Ribeiro, Lars Markert, Benedikt Yuji Kaneko

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Product Line	Kluwer Law International
Product SKU	10082010-0001
ISBN-13	9789403520254
Availability	Ships in 5-7 Business Days
Last Updated	2026-09-16

Overview

Arbitration in Japan is an edited volume that advances the trajectory by offering the international arbitration community a comprehensive and authoritative account of Japanese arbitral law and culture, as well as its international significance, with in-depth article-by-article commentary and guidance on the Japanese Arbitration Act of 2023 and arbitral practice in Japan. As an early adopter of the New York Convention, the UNCITRAL Model Law, and with an arbitration-friendly judiciary, Japan has long maintained an exemplary commitment to international arbitration. It is now aiming to take its place among the world’s leading arbitration seats. With contributions by leading arbitration experts and international practitioners with significant experience in Japan, it is the first and only English-language analysis of the new Act, replacing scattered resources with a single authoritative reference.

What’s in this book:

Every provision of the Act is examined in detail, with additional commentary dedicated to the following features:

sector-specific arbitration in such areas as construction, intellectual property and sports;
innovative features of Japan’s arbitration law and practice;
investment treaty arbitration;
document production;
emergency arbitration;
third-party funding;
mechanisms for multi-party arbitration;
interface of arbitration and mediation;
issues not yet considered by Japanese courts, providing forward-looking analytical insight; and
prospects for expanding arbitration services in Japan.

The contributors analyse the Act from multiple perspectives – common law, civil law, practitioner, academic, and end-user – along with relevant case law. Detailed attention is paid throughout to the rules of the Japan Commercial Arbitration Association (JCAA) and the Tokyo Maritime Arbitration Commission (TOMAC). A user-friendly alternative English translation of the Act is included as well.

How this will help you:

Given the major role of Japanese businesses in the world economy, the book will be welcomed by arbitration lawyers, arbitrators, corporate counsel, academics, and students regardless of Japanese language ability. With its practical guidance on topical problems and critical issues, the commentary is sure to become the key reference text for parties arbitrating or dealing with arbitration-related court proceedings in Japan.

Editors

Assistant Editor

Contributors

Foreword

Part I

Japan as a Place for International Arbitration

Chapter 1

Introduction

John Ribeiro & Lars Markert

Chapter 2

History of Arbitration in Japan

Luke Nottage & Nobumichi Teramura

Chapter 3

Japan as a Seat of Arbitration: Shortcomings and Opportunities

Hiroyuki Tezuka

Chapter 4

International Arbitration and Domestic Arbitration

Douglas K. Freeman & Ayako Tsuru

Part II

Commentary on the Japanese Arbitration Act

Article

Purpose

Yoshihisa Hayakawa

Article 2

Definitions

Yoshihisa Hayakawa

Article 3

Scope of Application

Yoshihisa Hayakawa

Article 4

Participation of the Court

Yoshihisa Hayakawa

Article 5

Jurisdiction of the Court

Yoshihisa Hayakawa

Article 6

Optional Oral Arguments

Masafumi Kodama & Jun Kawanami

Article 7

Appeal Against Judicial Decision

Masafumi Kodama & Jun Kawanami

Article 8

Participation of the Court in the Case in Which the Place of Arbitration Has Yet to Be Determined

Masafumi Kodama & Jun Kawanami

Article 9

Inspection of Record of the Case Related to the Proceeding Carried Out by the Court

Masafumi Kodama & Jun Kawanami

Article 10

Application Mutatis Mutandis of the Code of Civil Procedure to the Proceeding Carried Out by the Court

Masafumi Kodama & Jun Kawanami

Article 11

Rules of the Supreme Court

Masafumi Kodama & Jun Kawanami

Article 12

Notice to Be Given by Means of Documents

Masafumi Kodama & Jun Kawanami

Article 13

Validity of Arbitration Agreement

Junichi Tobimatsu & Yuko Kanamaru

Article 14

Arbitration Agreement and Suit on the Merits

Junichi Tobimatsu & Yuko Kanamaru

Article 15

Arbitration Agreement and Provisional Order by the Court

Junichi Tobimatsu & Yuko Kanamaru

Article 16

Number of Arbitrators