Call for Public Comments on the Proposed Three Sets of Arbitration Rules

November 16, 2018

The Japan Commercial Arbitration Association (JCAA)
Director, Chief Arbitration and Mediation officer
Masato Dogauchi

The JCAA is soliciting comments on the amendments to its two sets of arbitration rules and one new set of arbitration rules to be enacted as follows:

 ■ Administrative Rules for UNCITRAL Arbitration (amended)
 ■ Commercial Arbitration Rules (amended)
 ■ Interactive Arbitration Rules (newly enacted)

In respect of the backgrounds, objectives and summaries of these rules, please refer to the document: “Reform of the JCAA Arbitrations Rules: Three Sets of Rules in Response to All Business Needs.”

In preparation for the proposed rules, the JCAA has had, since July this year, meetings and interviews with legal professionals in businesses, in-house lawyers, practicing lawyers and professors with deep knowledge and experience in arbitration, who provided thoughtful suggestions to the JCAA’s preliminary draft articles. In September, the JCAA set up the Committee for the Amendment and Establishment of JCAA Arbitration Rules* to consult with the final drafts articles of these rules.


* The Committee members are as follows

 Chairperson:

  Prof. Kazuhiko Yamamoto (Hitotsubashi University)

 Member (Alphabetical order):

  Douglas K. Freeman, Esq. (Law Office of Douglas K. Freeman)

  Kazuyuki Ichiba, Esq. (Nishimura & Asahi)

  Naoki Idei, Esq. (Kojima Law Office)

  Prof. Shusuke Kakiuchi (Tokyo University)


The JCAA notes that the opinions of the above experts varied and the report submitted by the above Committee was not unanimous with respect to certain articles. The JCAA, nevertheless, has determined to step forward and take the initiative with the aim to make Japan one of the best forums for arbitration. These reforms come against the backdrop of our recognition that the JCAA has yet to play a significant role in the resolution of international disputes. In order to change this situation, the JCAA is proposing a distinctive arbitration model to the business community, which will distinguish its services from other arbitral institutions around the world, in the form of three sets of arbitration rules which are intended to respond to a variety of business needs.

With regard to the three sets of rules, please click here:

 ■  Administrative Rules for UNCITRAL Arbitration (amended)

 ■ Commercial Arbitration Rules (amended)

 ■ Interactive Arbitration Rules (newly enacted)

The JCAA firmly believes that receiving public comments from users and other interested parties will enhance these sets of rules and, therefore, sincerely requests your comments on them. You may feel free to forward this Call for Public Comments and the attached documents to any other interested parties whom you think might wish to make comments. The JCAA will take your comments into account before a final draft is submitted to the Board of Directors of the JCAA. The target date for implementing the new Rules is January 1, 2019.

1. Time Period for Public Comments

From November 16, 2018 to November 30, 2018

2. Submission

Please email your comments to the JCAA at arbitration@jcaa.or.jp with “Comments on the Rules” in the subject line.

3. Disclaimers

Please note the following:

■ Your opinion or summary thereof may be made public;

■ Your organizational category/type you may be made public, however your name or entity name will not be disclosed;

■ The JCAA will not respond to you directly.

4. Inquiries

The Japan Commercial Arbitration Association

Arbitration Department

Toshiyuki Nishimura (Mr.) or Shinji Ogawa (Mr.)

Phone: +81-(0)3-5280-5161

Fax: +81-(0)3-5280-5160

Email: arbitration@jcaa.or.jp