Litigation and ADR

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.
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.
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.
January 23, 2017

What goes into a legal complaint in Japan?

The filing of a legal complaint is what starts a lawsuit in Japan.  The complaint should clearly list the parties involved as well as the object and statement of the claim.  The complaint describe the petitioner’s goals and evidence so, by reading the complaint, the respondent should have a full understanding of the petitioner’s case.