FAQ

April 8, 2016

Is it possible to have an arbitration in Japan governed by another country’s law?

All arbitrations held in Japan are governed by the Japan Arbitration Act.  However, this Act merely governs the process and rules of arbitration and, for the most part, does not touch on the content of the dispute.   When it comes to the law being applied to the dispute between the parties, an arbitration in Japan can apply the law of any country, not just that of Japan.
February 24, 2016

What types of disputes can be resolved through arbitration?

Arbitration is a very flexible and powerful tool for resolving many different kinds of disagreements but it does not apply to every type of legal dispute. Generally, arbitration agreements apply to civil disputes that can normally be resolved through a settlement agreement.
February 24, 2016

What law governs arbitration agreements in Japan?

The Japan Arbitration Act governs arbitrations in Japan. In general the Act is similar to the arbitration laws of other countries because it is based upon the 1985 UNCITRAL Model Law. However, the Act differs in some key respects such as consumer protection and labor issues to reflect circumstances unique to Japan.
February 24, 2016

Should arbitration agreements be put in a written contract?

According to the Arbitration Act, arbitration agreements should be put in writing. However, this does not necessarily mean a separate written agreement different from a business contract is necessary. Many arbitration agreements are contained within another contract as an arbitration clause.