{"title":"探讨亚洲商事争议解决的未来:提高ADR的效率和有效性","authors":"Hiroyuki Tezuka, Mihiro Koeda","doi":"10.1017/als.2021.32","DOIUrl":null,"url":null,"abstract":"Abstract Since 2017, Japan has rapidly developed its hard and soft infrastructure to accelerate the use of alternative dispute resolution (ADR) in Japan, such as establishing the Japan International Dispute Resolution Center and the Japan International Mediation Center, Kyoto, as well as amending the Foreign Lawyers Act. The legislative process to amend the Japanese Arbitration Act is underway and discussions to accede to the Singapore Convention are ongoing. Mediation and settlement discussions involving judges during the litigation process are traditionally common in Japanese court practices, which would have some implications for investor–state mediation, which is a recent hot topic in the field of investor–state dispute settlement. Numerous means of further improving the efficiency and effectiveness of ADR proceedings have been discussed globally, including mid-stream conferences, Calderbank offers, the use of mediation in complex disputes, and the advanced use of Arb-Med-Arb proceedings utilizing party-appointed arbitrators.","PeriodicalId":54015,"journal":{"name":"Asian Journal of Law and Society","volume":"10 1","pages":"165 - 182"},"PeriodicalIF":0.6000,"publicationDate":"2022-03-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":"0","resultStr":"{\"title\":\"Exploring the future of commercial dispute resolution in Asia: Accelerating efficiency and effectiveness in ADR\",\"authors\":\"Hiroyuki Tezuka, Mihiro Koeda\",\"doi\":\"10.1017/als.2021.32\",\"DOIUrl\":null,\"url\":null,\"abstract\":\"Abstract Since 2017, Japan has rapidly developed its hard and soft infrastructure to accelerate the use of alternative dispute resolution (ADR) in Japan, such as establishing the Japan International Dispute Resolution Center and the Japan International Mediation Center, Kyoto, as well as amending the Foreign Lawyers Act. The legislative process to amend the Japanese Arbitration Act is underway and discussions to accede to the Singapore Convention are ongoing. Mediation and settlement discussions involving judges during the litigation process are traditionally common in Japanese court practices, which would have some implications for investor–state mediation, which is a recent hot topic in the field of investor–state dispute settlement. Numerous means of further improving the efficiency and effectiveness of ADR proceedings have been discussed globally, including mid-stream conferences, Calderbank offers, the use of mediation in complex disputes, and the advanced use of Arb-Med-Arb proceedings utilizing party-appointed arbitrators.\",\"PeriodicalId\":54015,\"journal\":{\"name\":\"Asian Journal of Law and Society\",\"volume\":\"10 1\",\"pages\":\"165 - 182\"},\"PeriodicalIF\":0.6000,\"publicationDate\":\"2022-03-30\",\"publicationTypes\":\"Journal Article\",\"fieldsOfStudy\":null,\"isOpenAccess\":false,\"openAccessPdf\":\"\",\"citationCount\":\"0\",\"resultStr\":null,\"platform\":\"Semanticscholar\",\"paperid\":null,\"PeriodicalName\":\"Asian Journal of Law and Society\",\"FirstCategoryId\":\"1085\",\"ListUrlMain\":\"https://doi.org/10.1017/als.2021.32\",\"RegionNum\":3,\"RegionCategory\":\"社会学\",\"ArticlePicture\":[],\"TitleCN\":null,\"AbstractTextCN\":null,\"PMCID\":null,\"EPubDate\":\"\",\"PubModel\":\"\",\"JCR\":\"Q2\",\"JCRName\":\"LAW\",\"Score\":null,\"Total\":0}","platform":"Semanticscholar","paperid":null,"PeriodicalName":"Asian Journal of Law and Society","FirstCategoryId":"1085","ListUrlMain":"https://doi.org/10.1017/als.2021.32","RegionNum":3,"RegionCategory":"社会学","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":null,"EPubDate":"","PubModel":"","JCR":"Q2","JCRName":"LAW","Score":null,"Total":0}
Exploring the future of commercial dispute resolution in Asia: Accelerating efficiency and effectiveness in ADR
Abstract Since 2017, Japan has rapidly developed its hard and soft infrastructure to accelerate the use of alternative dispute resolution (ADR) in Japan, such as establishing the Japan International Dispute Resolution Center and the Japan International Mediation Center, Kyoto, as well as amending the Foreign Lawyers Act. The legislative process to amend the Japanese Arbitration Act is underway and discussions to accede to the Singapore Convention are ongoing. Mediation and settlement discussions involving judges during the litigation process are traditionally common in Japanese court practices, which would have some implications for investor–state mediation, which is a recent hot topic in the field of investor–state dispute settlement. Numerous means of further improving the efficiency and effectiveness of ADR proceedings have been discussed globally, including mid-stream conferences, Calderbank offers, the use of mediation in complex disputes, and the advanced use of Arb-Med-Arb proceedings utilizing party-appointed arbitrators.
期刊介绍：
The Asian Journal of Law and Society (AJLS) adds an increasingly important Asian perspective to global law and society scholarship. This independent, peer-reviewed publication encourages empirical and multi-disciplinary research and welcomes articles on law and its relationship with society in Asia, articles bringing an Asian perspective to socio-legal issues of global concern, and articles using Asia as a starting point for a comparative exploration of law and society topics. Its coverage of Asia is broad and stretches from East Asia, South Asia and South East Asia to Central Asia. A unique combination of a base in Asia and an international editorial team creates a forum for Asian and Western scholars to exchange ideas of interest to Asian scholars and professionals, those working in or on Asia, as well as all working on law and society issues globally.
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