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
SICC upholds arbitral awards despite tribunal errors and foreign illegality
In a recent judgment from the Singapore International Commercial Court (“SICC”), the International Judge refused an application to set aside several arbitral awards issued...
Shanghai court holds that arbitration agreement providing for arbitration administered by SIAC in Shanghai...
Introduction
In December 2019, the Singapore Court of Appeal ("SGCA") in BNA v BNB ruled on the interpretation of an arbitration agreement that provided...
Hong Kong Court provides guidance on principles applicable to the correction of an arbitral...
1. Introduction
Once an arbitral award is issued, it becomes final and binding. However, the award may contain an error. For example, it may order...
Landmark Recognition and Enforcement of a Foreign Arbitral Award in Myanmar
When investing in developing countries, many foreign investors have concerns as to their remedies in the event of a dispute that is to be...
The long and winding road: The evolving interface between winding-up petitions and arbitration agreements...
Introduction
Under Hong Kong law, a company shall be deemed to be unable to pay its debts if a creditor, to whom the company...
Keeping the lights on: Australian court enforces arbitral award
Executive summary
In Energy City Qatar Holding Company v Hub Street Equipment Pty Ltd FCA 1116, the Federal Court of Australia (FCA) enforced an...
Multi-tiered dispute resolution clauses: a reminder of the Court of Appeal’s split decision
The dispute resolution clause is often referred to as the "midnight clause" as it is commonly reviewed at the 11th hour of the contract...
