Baker McKenzie’s Arbitration Yearbook 2018-2019 Edition
Click here for the chapter on Japan in the 2018-2019 Arbitration Yearbook.
Arbitration News from Japan
Baker McKenzie International Arbitration Yearbook 2019-2020 – Japan
JAPAN
Yoshiaki Muto, Takeshi Yoshida, Dominic Sharman and Yuko Kai
A. LEGISLATION AND RULES
A.1 Legislation
International arbitration in Japan continues to be governed by the Arbitration Act...
Japan: Consequences of an arbitrator’s failure to disclose relevant facts
In a recent case, Japan’s Supreme Court overturned a decision of the Osaka High Court to set aside a JCAA award on the ground...
New EU-Japan Trade Deal: EU declares ISDS “dead”
The European Union and Japan have announced the main elements of a new economic partnership agreement, which has been hailed as the most important...
TPP text released: Investment Chapter
The much awaited text of the TPP has been released. As anticipated, the Investment Chapter (Chapter 9) sets out protections for investors of each...
TPP: ISDS included in the final deal
Agreement has been reached on the long-awaited Trans-Pacific Partnership (TPP). The TPP is a free trade agreement between 12 Pacific Rim nations, including Australia,...
Amendments to the JCAA Rules
The amended Japan Commercial Arbitration Association (“JCAA”) arbitration rules came into effect on February 1, 2014. These amendments were a significant overhaul from the...
Arbitration News from Asia-Pacific
Hong Kong court upholds arbitral award challenged on grounds of lack of arbitration agreement...
Introduction
The only recourse for a party seeking to challenge a Hong Kong award is to apply to the Hong Kong Court of First...
Due Process Paranoia in International Arbitration: Singapore Court of Appeal Provides Useful Guidance to...
In recent years, there has been a marked increase in the prevalence of challenges to arbitral awards based on alleged breaches of “natural justice”...
Australia: COVID-19 – Will arbitration proceedings continue if a party becomes insolvent?
In brief
Even with the fiscal stimulus and other measures taken by the Federal and State governments in Australia, corporate insolvencies are likely to increase...
From litigation to arbitration – options for parties facing long trial waiting times in...
Parties to commercial litigation in the Hong Kong Court of First Instance (CFI) have been facing prolonged waiting times for their trials. The situation...
Singapore Court of Appeal provides guidance on running potentially inconsistent arguments in related proceedings
In brief
In BWG v. BWF, the Court of Appeal considered whether a party involved in multiple proceedings under a chain of contracts is permitted...
New Signatories to the New York Convention
On 3 February 2020, the Seychelles became the 162nd State party to accede to the New York Convention on the Recognition and Enforcement of...
The interaction between insolvency law and arbitration in Singapore
The Singapore Court of Appeal has clarified the standard of review that applies to winding-up applications where the underlying relationship between the debtor and...
