Commercial Arbitral Institution in Japan, JCAA

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[edit] General Information

  • Official name: Commercial Arbitral Institution in Japan, JCAA
  • Country: Japan
  • City: Tokyo
  • Type of organization: Independent organization
  • Date of creation: 1950
  • Interests: Arbitration - Mediation
  • Fields of expertise: International and Domestic Commercial Disputes

[edit] Introduction

As the only permanent commercial arbitral institution in Japan, JCAA contributes to the resolution of disputes arising from international and domestic business transactions.

Having fairly resolved various commercial disputes, JCAA has acquired high credibility among many corporations and other institutions around the world.

[edit] History

The International Commercial Arbitration Committee, the former body of JCAA, was established in 1950 within the Japan Chamber of Commerce and Industry, with the support of six other business organizations including the Japan Federation of Economic Organizations, the Japan Foreign Trade Council and the Federation of Banking Associations of Japan, to serve as an organization to settle commercial disputes and promote international trade, thereby contributing to the development of the Japanese economy.

In1953, with the further growth of international trade, the arbitration committee was reorganized as JCAA to become independent from the Japan Chamber of Commerce and Industry in order to expand and streamline its business activities.

Over the last 50 years, JCAA has been doing its best to settle mainly international commercial disputes resulting from international business deals and to prevent such disputes by encouraging the use of its consultation and information services.

In addition to these services, since 1973, JCAA has been issuing and guaranteeing ATA Carnets-official forms for customs clearances-under the ATA Convention on temporary admission of goods.

[edit] Arbitration in Japan

Arbitral awards made in and out of Japan have the same effect as final and conclusive judgments and the enforceability of such arbitral awards is guaranteed under the Arbitration Law.

On the other hand, the enforcement in Japan of awards rendered in foreign treaty countries are also guaranteed by the multilateral treaties: "the Geneva Convention on the Execution of Foreign Arbitral Awards", known as "the Geneva Convention of 1927" and "the New York Convention on the Recognition and Enforcement of Foreign Arbitral Awards", commonly known as "the New York Convention of 1958", both of which Japan is a signatory to. Conversely, the enforcement of arbitral awards made in Japan is guaranteed in foreign treaty countries.

Japan also has bilateral treaties with 14 countries and these treaties guarantee the enforcement in other treaty countries of arbitral awards rendered in Japan. They also guarantee the enforcement in Japan of arbitral awards made in other treaty countries.

To date, there has been no case where Japanese court of law did not approve of and enforce foreign arbitral awards.

[edit] Foreign Lawyer's Representation in Arbitral Proceedings in Japan

On June 4, 1996 a bill on the Partial Amendment of the Special Measures Law concerning the Handling of Legal Practice by Foreign Lawyer was passed in the House of Representatives and was promulgated as Law No. 65 of 1996 on June 12, 1996 and this amendment law came into force on September 1, 1996.

By this amendment, a foreign lawyer practicing outside of Japan may represent a party to the proceedings of an arbitration case in regard to civil affairs where the place of arbitration is located in Japan and all or part of the parties have domicile (jusho) or principal place of business in a foreign country. A foreign law solicitors registered in Japan (Gaikokuho-jimu-bengoshi) may also represent a party in the above-mentioned case. The long pending issue of whether foreign lawyers may represent a party in international arbitral proceedings conducted in Japan in relation to conflicts with the Japan's lawyer's law is considered to have been eventually settled.

[edit] Mediation at JCAA

Mediation is a method of resolving disputes by the parties’ negotiation facilitated by a mediator, an independent and impartial third party. It is conducted based on a mediation agreement between the parties to refer disputes to mediation.

In mediation proceedings, the mediator helps the parties to reach a negotiated settlement on the disputed matter. The mediator may propose the terms of amicable settlement in its sole discretion at any stage of mediation proceedings but the proposals are left at the parties’ disposal.

Mediation is more economical and expeditious as a means of the settlement of the dispute than arbitration and litigation and unlike them aims to an amicable settlement of the dispute satisfying both of the parties.

The JCAA provides mediation for the settlement of the disputes arising from international transactions and its mediation is conducted by the International Commercial Mediation Rules and the Mediation Cost Regulations. The mediation costs are reasonable for the parties and the dispute can be expected to be settled within 3 months after the appointment of a mediator.

[edit] Contact

Tokyo - 3rd Floor, Hirose Building, 3-17, Kanda Nishiki-cho, Chiyoda-ku, Tokyo 101-0054, Japan

Tel: 03(5280)5200

Fax: 03(5280)5170


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