A Message from JCAA
Shinsuke Kitagawa, President
Shinsuke Kitagawa
President
The Japan Commercial Arbitration Association (JCAA) was established in 1950 as the International Commercial Arbitration Committee within the Japan Chamber of Commerce and Industry (JCCI), and was incorporated in 1953, marking its 70th anniversary this year. Since its establishment, the JCAA has provided information on dispute resolution and administered arbitration and mediation procedures with the aim of promoting and developing international commercial arbitration.
Currently, the public and private sectors in Japan are working together to increase the usage of international arbitration in Japan. The Foreign Lawyers Act and the Arbitration Act have been amended. For example, the Foreign Lawyers Act expands the scope of foreign lawyers who can act as counsel representing parties and, in the case that certain requirements are met, the Arbitration Act allows parties to omit the attachment of Japanese translations of arbitral awards, etc. made in foreign languages in enforcement actions. We are working toward the further improvements of the international arbitration system.
The JCAA is also actively promoting the use of online arbitration and expedited arbitration to make the international arbitration system even more convenient, and is working to encourage the use of such services by Japanese companies. In addition, the JCAA is working to disseminate information through seminars and other means to promote the use of JCAA arbitration.
The Carnet Business, another pillar of our business, is already widely known by those involved in imports and exports, but to further improve the convenience of our users, we have introduced a system that allows Carnet applications to be submitted online. This system allows Carnet applications to be submitted from any location, regardless of business hours. In addition, we have shortened the issuance period for the purpose of improving service, and we look forward to your continued use of this new system.
The JCAA will continue to do its utmost to provide you with services that will satisfy you. We sincerely appreciate your continued support of the JCAA.
Kazuhiko Yamamoto, Chief Arbitration and Mediation Officer
Kazuhiko Yamamoto
Chief Arbitration and Mediation Officer
JCAA amended the arbitration rules significantly in 2019 and amended them too in 2021 to meet the diverse needs of the business world, and delivers time efficient and cost-effective dispute resolutions in comparison to the protracted and costly common law style arbitration practice. JCAA has three sets of arbitration rules.
The first is the UNCITRAL Arbitration Rules, the international standards created by the United Nations, based on which the JCAA facilitates the arbitration proceedings. The second is the Commercial Arbitration Rules, which ensure smooth proceedings with comprehensive provisions to address potential procedural issues arising from different understandings among arbitrators, counsels, and parties. The third is the Interactive Arbitration Rules, which seek to increase the predictability of proceedings with mandatory disclosure of the arbitral tribunal’s preliminary views, and fixed-rate remuneration for arbitrators calculated on the basis of the amount of the claims.
On the other hand, mediation is another way of dispute resolution. If mediation goes well, the dispute can be settled in short time and at a low cost. The JCAA amended its Commercial Mediation Rules in 2020 in order to provide businesses with reasonable basis of negotiation.
Arbitral awards are enforceable in almost all countries around the world under New York Convention. Taking one step further, the amendments to the Arbitration and ADR laws of Japan, which are currently proposed by Legislative Council of the Ministry of Justice, will enable us to enforce interim measures in arbitral proceedings and settlement agreement in mediation in the future. JCAA strongly recommends you to draft in contracts arbitration and/or mediation clause as more speedy and effective dispute resolution measures compared with litigation.
External Supporting Lawyers
Miriam Rose Ivan L. Pereira
Public Relations Officer
Miriam Rose Ivan L. Pereira, Public Relations Officer
The JCAA has a long track record of administering arbitration and mediation cases in Japan. With the growing awareness, familiarity and preference for alternative dispute resolution (“ADR”) methods, the JCAA is primed to be the go-to dispute resolution center in Japan for enterprises of all sizes, local and foreign.
I am truly honored and grateful for the opportunity to play a part in promoting the ADR services of the JCAA together with the cooperation and support of the various stakeholders.
Tony Andriotis
Professional & Institutional Relations Officer
Tony Andriotis, Professional & Institutional Relations Officer
Japan has a solid and internationally well respected legal system, a stable political system, and an incredible infrastructure; all elements that make Japan an ideal seat for the settlement of international disputes. I am thus extremely grateful to have been approached by the JCAA to assist them in their further growth and internationalization.
Akiko Yamakawa
Public Relations Officer
Akiko Yamakawa, Public Relations Officer
The JCAA is Japan’s leading arbitration institution with a long history and solid track record. Japan is also very attractive as the seat of arbitration, with a world class arbitration law, great infrastructure and wonderful food. I hope many global firms will consider choosing JCAA arbitration in Japan as the forum to resolve international commercial disputes. I am very excited to join the effort to promote the JCAA.
* The external Supporting Lawyers provide support to the JCAA on a part-time basis and continue to work full-time at their respective law firms. They will not be involved in the JCAA's case administration and will be kept isolated from information thereof. They serve as Public Relations Officer/ Professional & Institutional Relations Officer of the JCAA solely in their individual capacity, and not as lawyers or representatives of their respective law firms.
* Former Officer Hiroko Nihei, Attorney at Law, resigned as public relations officer at the expiration of her term from October 2, 2019 to September 30, 2021.