FAQ

December 27, 2016

What if one party does not appear at the arbitration?

If a party to the arbitration does not appear then the arbitrators will need to make their decision based upon the evidence available to them.  One party failing to appear will not ordinarily suspend or cancel an arbitration.  Therefore, it is important for both parties to make an appearance so the arbitrators can make a fully informed decision.
December 7, 2016

How are the rules for an arbitration set in Japan?

Japan’s Arbitration Act contains some mandatory rules for how arbitrations in Japan should proceed.  However, many of the more specific rules are set by arbitration organizations such as the Japan Commercial Arbitration Association.  Designating one of these associations in an arbitration agreement or arbitration clause will specify that organization’s rules as the governing rules of the arbitration.
November 14, 2016

Is an arbitration award final and binding?

In general, arbitration awards are final and binding on the parties, in the same manner as a court order.  Furthermore, a Japanese arbitration award is enforceable in many other countries around the world through international treaties. As arbitration systems become more standardized around the world even more countries are likely to accept and enforce Japanese arbitration awards.
October 26, 2016

How are complaints served in Japan?

  Many Americans are familiar with the job of a process server from American popular culture, where process servers are portrayed as employing disguises or other devious techniques in order to deliver a divorce petition.  However, while serving a complaint is the responsibility of the plaintiff in America, in Japan this job is handled by the court.  The complaint will be delivered based upon the defendant’s address provided by the plaintiff so, in cases where the address is old or inaccurate, this can make serving the defendant difficult.