List of activities and achievements
The following are the major activities and achievements of the Japan Association of Arbitrators (JAA).
Publication of Arbitration/ADR Forum Vol. 8
JAA published “Arbitration/ADR Forum Vol. 8” on March 25, 2023. This book is based on the reports presented in the sessions held by our Research Committee and extensively covers the latest practices and theories related to arbitration and ADR.
We sincerely hope that this book will contribute to the development of arbitration and ADR in Japan.
Seminar to commemorate “Arbitration Day” on March 14, 2023: “The Reality of Commercial Mediation in Singapore, China and Korea, and the Future of the Singapore Convention”
On March 14, 2023, in anticipation of the ratification by Japan of the United Nations Convention of International Settlement Agreements Resulting from Mediation (so called the “Singapore Convention”), the above-mentioned seminar was held at the building of the Japan Federation of Bar Associations (also jointly held by Zoom). In the seminar, the representatives of the Singapore International Mediation Centre (SIMC), Shanghai Commercial Mediation Center (SCMC) and Korean International Mediation Center (KIMC) visited Japan and reported on the use of private commercial mediation in their respective countries. Following this, Hiroyuki Tezuka Esq., Chief Director of JIMC-Kyoto and Vice President of JAA, joined and held a panel discussion on the merits of the use of international commercial mediation and training of mediators. While it is expected that mediation will increasingly be used as a method to solve disputes arising out of international transactions, this event was the first time the representatives of international mediation institutions in Asia all gathered for a seminar in Japan, and at this meeting they discussed the possibility of future collaboration among the institutions.
Report on holding the seminar celebrating the 4th anniversary of JIMC-Kyoto
On November 21, 2022, JIMC, managed by JAA, held a seminar celebrating the 4th Anniversary of JIMC-Kyoto -Actual Roleplay and Lecture on the Mediation- at Doshisha University, Imadegawa Campus, with simultaneous livestreaming via Zoom. The seminar included a keynote speech of Managing Director Yoshihiro Takatori and Mr. Gregory Vijayendran (attended via Zoom), who successfully co-mediated the first JIMC-SIMC Joint-Protocol case, and the Mock-Mediation (roleplay) conducted by Mr. Chuan Wee Meng, the CEO of Singapore International Mediation Center (SIMC) and Managing Director Yoshihiro Takatori acting the role of co-mediators, and four other JAA members acting the role of the party and the counsel respectively. Mr. George Lim, Chairman of SIMC provided practical comments at each stage of the roleplay. Following the seminar, a reception was held at a restaurant inside the campus, and everyone enjoyed the networking.
JAA Organizes “Membership International Arbitration Course” conducted by “Chartered Institute of Arbitrators (CIArb.)” with Japan International Dispute Resolution Center (JIDRC)
On 15 July 2022, Japan Association of Arbitrators (JAA) has, together with Japan International Dispute Resolution Center (JIDRC), organized “Membership International Arbitration Course” conducted by the “Chartered Institute of Arbitrators (CIArb.)” which is one of the most prestigious and highly regarded professional organization providing the high-quality-education and training for the practitioners of international arbitrations all over the world. The “Membership International Arbitration Course” was hosted in accordance with the Memorandum of Understanding executed between JAA, CIArb. and JIDRC in December 2021, in particular, for the purpose of training international arbitration practitioners. JAA will organize this course every year, further enhance collaboration with CIArb. and JIDRC, and then, make best effort to encourage the use of international arbitration, including the increase of reliable arbitration practitioners in Japan.
IBA Rules on the Taking of Evidence in International Arbitration (2020) and it’s Commentary (Japanese Translations)
IBA Rules on the Taking of Evidence in International Arbitration (“IBA Rules”) has been widely recognized amongst arbitration practitioners across the world. We, at the Japan Association of Arbitrators (JAA), formed a project team and prepared Japanese translations of the IBA Rules (which were adopted by a resolution of the IBA Council in December 2020) as well as the commentary to the IBA Rules (i.e. Commentary on the revised text of the 2020 IBA Rules on the Taking of Evidence in International Arbitration).
These Japanese translations can be found on the IBA’s website by clicking on the link provided below:
» IBA guides, rules and other free materials | International Bar Association
Holding a seminar commemorating “Arbitration Day” on March 17, 2022
On March 17, 2022, a seminar commemorating “Arbitration Day” was held at the Japan International Dispute Resolution Center, Tokyo facility, with simultaneous livestreaming via Zoom. The seminar included a keynote speech and panel discussion on the amendments to the Arbitration Act of Japan and the future promotion and development of arbitration and ADR in Japan based on the said amendments. Following the opening speech by President Haruo Okada and a keynote speech by Vice President Hiroyuki Tezuka, a panel discussion was held by Professor Kazuhiko Yamamoto of Hitotsubashi University, Director Naoki Idei, Ms. Masako Takahata and Ms. Yoshimi Ohara, providing an opportunity for participants to obtain valuable information on the latest trends surrounding arbitration and ADR. In addition, two well-known overseas arbitration practitioners gave video messages.
The JAA Kansai Branch and JCAA Osaka Office co-organized “Mock International Arbitration Seminar – Faster and Cheaper with JCAA Expedited Arbitration –” (December 8, 2021) and the Video Streaming on the JCAA website.
The JAA Kansai Branch and the Japan Commercial Arbitration Association (JCAA) Osaka Office co-hosted a webinar titled “Mock International Arbitration Seminar – Faster and Cheaper with JCAA Expedited Arbitration –” which was held On December 8, 2021.
With the full cooperation of the JCAA Osaka Office, the JAA Kansai Branch spent more than half a year making preparation for the mock arbitration, including creating an original script and repeating rehearsals. This mock arbitration is a skit of a series of steps in an international dispute between Japan and China, from the contract conclusion stage, the dispute arising stage, and the arbitration request using the JCAA’s expedited arbitration procedures to the arbitration award. Each point of each procedure is introduced with a skit and commentary. The video of the webinar, which is the result of this mock arbitration, has been distributed on YouTube on the JCAA website with the cooperation of the JCAA.
JAA Signs Memorandum of Understanding with Chartered Institute of Arbitrators (CIArb.)
Japan Association of Arbitrators (JAA) has, together with Japan International Dispute Resolution Center (JIDRC), entered into a Memorandum of Understanding (MoU) on November 30, 2021 with “Chartered Institute of Arbitrators (CIArb.)” which is one of the most prestigious and highly regarded professional organization providing the high-quality-education and training for the practitioners of international arbitrations all over the world. The MoU provides for mutual cooperation regarding development and promotion of international arbitration, including training arbitration practitioners. JAA will further enhance collaboration with CIArb. and actively conduct joint professional courses for certification, trainings and workshops in order to encourage the use of international arbitration, including the increase of reliable arbitration practitioners in Japan.
JIMC AND SIMC LAUNCH JOINT MEDIATION PROTOCOL TO HELP CROSS-BORDER BUSINESSES RESOLVE DISPUTES SWIFTLY AND INEXPENSIVELY
JAA operating Japan International Mediation Center in Kyoto (JIMC-Kyoto) and Singapore International Mediation Centre (SIMC) on 12 September 2020, the memorial day the Singapore Convention on Mediation has come into force, signed a Memorandum of Understanding to operate a joint protocol that provides cross-border businesses, including companies along the Japan-Singapore corridor, with an economical, expedited and effective route for resolving commercial disputes amid the COVID-19 pandemic.
The JIMC-SIMC Joint Protocol is thought to be the first joint online mediation protocol between two international dispute resolution centers committed to providing expedited mediation during the pandemic. Given the international impact of the pandemic, The JIMC-SIMC Joint Protocol supports the commitment to further strengthen economic resilience amid the problems caused by the Covid-19 pandemic.
The Joint Protocol is expected to be formally launched later this year at an event marking JIMC’s 2nd year anniversary on 20 November.
JAA Signs Memorandum of Understanding with Singapore International Arbitration Centre (SIAC)
Japan Association of Arbitrators (JAA) has entered into a Memorandum of Understanding (MoU) on June 4, 2019 with the Singapore International Arbitration Centre, one of the leading international arbitral Institutions in the world. The MoU provides for mutual cooperation regarding development and promotion of international arbitration. JAA will enhance collaboration with SIAC and actively conduct joint conferences, trainings and workshops in order to encourage the use of international arbitration in Japan.
A symposium on international arbitration, entitled “International arbitration makes great strides in Japan: The impact of the Japan International Dispute Resolution Center (JIDRC),” is held
On December 15, 2018, JAA and Keio University Law School held a symposium “Growing International Arbitration in Japan – Impact of the JIDRC (Japan International Dispute Resolution Center) -” at Keio University, Mita Campus.
The President of JAA, Akira Kawamura delivered the key note speech, as well as directors and members of JAA served on the Panel discussion.
Written requests prepared
- Written request for legal changes such as amendment of the “Act on Foreign Lawyers” to encourage international ADR (dated ugust 24, 2018)
- Written request for the founding of the Japan International Mediation Center in Kyoto (tentative name) (dated June 2, 2017)
- Written request for improved legal infrastructure for effective international dispute resolution in Japan (summary)
Written request for improved legal infrastructure for effective international dispute resolution in Japan (dated March 21, 2017)
Annex 1, Annex 2, Annex 3, Annex 4, Annex 5
Signing of a cooperation agreement with the Keio University Law School
On June 18, 2018, the JAA signed an agreement on encouraging international arbitration and fostering personnel in international arbitration with Keio University Law School. This action is in response to the government and societal need for the “globalization of Japanese law” and a groundwork for international arbitration in particular. As an example of its collaboration with educational institutions, the JAA will subsequently found the Japan International Mediation Center in Kyoto with Doshisha University’s Faculty of Law.
Signing of a cooperative agreement with Doshisha University’s Graduate School of Law and Law School
On December 1, 2017, the JAA signed an agreement on cooperation with Doshisha University’s Graduate School of Law and Law School in running the Japan International Mediation Center in Kyoto. The Japan International Mediation Center in Kyoto will be Japan’s first permanent facility for international mediation. With the University’s full-fledged support, plans are to found the Center this summer. In addition to conducting international mediations, the JAA will collaborate with the University to provide education and conduct research on international mediation and to foster personnel to conduct international mediations.
Photo provided by Doshisha University
Signing of a friendship and cooperation agreement with the Russian Institute of Modern Arbitration
The Eastern Economic Forum in Vladivostok was attended by Prime Minister Abe and President Putin. On September 6, 2017 at the Forum, the Japan Association of Arbitrators (JAA) signed a friendship and cooperation agreement with the Institute of Modern Arbitration, an arbitration center in Russia, to promote international arbitration between the two countries. The photo below shows the signing ceremony, which was attended by Mikhail Galperin, Deputy Minister of Justice of the Russian Federation.
Work commissioned by the Ministry of Economy, Trade, and Industry
A Commissioned Report on an Examination and Analysis of the Designation of Arbitrators and Mediators based on Article 13 of the ICSID Convention
(Committee for Arbitration of Investment Agreements, March 31, 2014)
Japan Law Foundation Research project
A Study on a Specialized Mediation Framework for International Family Matters (and Particularly Child Abduction Cases)
(International Family Law Project Team, Japan Association of Arbitrators (JAA), October 1, 2011-September 30, 2013)
Preparation of educational materials
2006 Educational Materials to Train Mediators (prepared jointly with the Japan Commercial Arbitration Association (JCAA)) (2006)