An Introduction to the Japan Commercial Arbitration Association and JCAA Arbitration Rules

Abstract

This article makes an introduction to the history and the new development of the commercial arbitration system in Japan. Japanese commercial arbitration system was originated in 1878 and now it is organized by the Japan Commercial Arbitration Association, in short JCAA, under JCAA arbitration rules to resolve commercial disputes independent of civil litigations in Japan. The JCAA arbitration proceedings include arbitration agreement, application for arbitration, selection of arbitrators and composition of an arbitration tribunal, opening and hearing of arbitration, closing, reopening and termination of arbitral proceedings, and making an arbitral ruling. An arbitration award has the final binding upon the parties. A party who seeks enforcement based on the arbitral ruling may apply to a court for an enforceable decision, and under some circumstances also may apply to the court in a foreign jurisdiction when the arbitral ruling needs to be implemented abroad. At present, provisions in the Japanese Arbitration Law and JCAA Arbitration Rules cover arbitral proceedings, without dealing with conflicts between Japanese arbitral rulings, enforced abroad, and local laws and rulings, which is a topic of further improvements of JCAA.