Arbitration

Arbitration Rules

The JCAA offers the following three sets of arbitration rules, each of which has their own features to best meet the needs and preferences of the parties. Additionally, parties are free to adjust any of the rules as they deem appropriate.

UNCITRAL Arbitration Rules (2010) Administrative Rules for UNCITRAL Arbitration (2019)

UNCITRAL Arbitration Rules (2010)
Administrative Rules for UNCITRAL Arbitration (2019)
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The UNCITRAL Arbitration Rules, initially adopted in 1976 and amended in 2010 and 2013, are recognized as the world standard. These rules ensure a high degree of flexibility for arbitrators based on party autonomy. The Administrative Rules for UNCITRAL Arbitration provide the minimum essentials to ensure effective operation of the UNCITRAL Arbitration Rules in institutional arbitration.

Commercial Arbitration Rules (2019)

Commercial Arbitration Rules (2019)
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The Commercial Arbitration Rules facilitate smooth proceedings through clear provisions on the role of the presiding arbitrator, tribunal secretary, and emergency arbitrator, as well as on expedited arbitration procedures.

Significant features
Expedited procedures

JCAA's expedited procedures advance speedy dispute settlement and significantly reduce arbitration costs.

In principle, a sole arbitrator shall issue the final award within 3 months from his or her appointment. Expedited arbitral proceedings are conducted on a document-only basis without any evidentiary hearing, unless the tribunal considers a hearing necessary.

Emergency arbitrator and measures

The parties may obtain interim relief even before the constitution of the arbitral tribunal.

An emergency arbitrator is generally appointed within 2 business days from JCAA's receipt of the application for emergency measures with payment of necessary fees. The emergency arbitrator seeks to decide on the application within 2 weeks from his or her appointment.

Multi-party and/or multi-contract arbitrations

Parties can have complex arbitration cases involving multiple-parties and/or contracts resolved by a single arbitral tribunal in one arbitral proceeding if specific requirements are met.

Explicit rules on tribunal secretaries

While assistance by a tribunal secretary may help the arbitral tribunal in effectively conducting the proceedings, parties' expectations of a tribunal secretary's role and remuneration may differ substantially depending on the parties' legal background.

The JCAA Rules require an arbitral tribunal to obtain the parties' express consent to the role and remuneration of a tribunal secretary candidate prior to his or her appointment.

Interactive Arbitration Rules(2019)

Interactive Arbitration Rules(2019)
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The Interactive Arbitration Rules are aimed at offering maximum predictability and efficiency of arbitrations by adopting a more "civil law approach". Arbitral tribunals are encouraged to actively manage the proceedings and establish an open "dialogue" with the parties in the course of arbitration.

Significant features
Clarification of parties' positions and identification of key disputed issues

At an early stage of the proceeding, the arbitral tribunal must present to the parties a written summary of each party's position on the factual and legal grounds of the claim and defense, and provide the parties with an opportunity to comment.

This allows the arbitral tribunal to better understand the parties' positions and to identify the disputed issues at an early stage.

Communication of preliminary views

Before any evidentiary hearing, the arbitral tribunal must provide the parties with a written summary of the factual and legal issues it considers important and its preliminary views on those issues. The parties must be provided with an opportunity to comment.

This enables the parties not only to find out about possible misunderstandings on the part of the arbitral tribunal, but also to specifically focus on the important issues in the subsequent written submissions and/or at an evidentiary hearing.

Fixed remuneration of arbitrators

An arbitrator's remuneration is set at a fixed rate according to the amount in dispute. This makes the total arbitration costs more predictable for the parties.

Application of the Three Rules

The Commercial Arbitration Rules apply as the default rules, unless the parties specifically agree that the Interactive Arbitration Rules or UNCITRAL Arbitration Rules shall apply.