International
Asia Pacific
EMEA
North America
Latin America
Since announcing measures to strengthen Japan as a hub for international arbitration and mediation in April 2018, Japan has undergone several steps in both the public and private sectors to seek to achieve this goal.1
International arbitration in Japan has long been governed by the Arbitration Act of 2003. From 1 April 2024, however, the amended arbitration act ("Amended Arbitration Act") took effect.2
The overhaul of the underlying legislation appears to be a pivotal phase in Japan's arbitration reforms. The Amended Arbitration Act brings Japan alongside major regional destinations for arbitration, such as Hong Kong and Singapore, while allowing Japan to compete more easily with emerging centers such as South Korea and Thailand.
On the same date as the Amended Arbitration Act took effect, Japan took another key step in relation to Alternative Dispute Resolution (ADR) by ratifying the United Nations Convention on International Settlement Agreements Resulting from Mediation ("Singapore Convention") through domestic legislation ("New Mediation Act").3
Following their introduction in Japan's Diet in 2023, both acts have been subject of much commentary and discussion (not least at the very well-attended International Chamber of Commerce event, "2nd ICC Arbitration Day" in April 2024).4
With the dust having settled following the coming into force of the acts, in this client alert, we summarize the key changes introduced in the Amended Arbitration Act and the New Mediation Act.
Click here to access the full alert.
1 See: Why Arbitrate in Japan?
2 Act Partially Amending the Arbitration Act (Act No. 15 of 2023). A translation of the act can be found at: Arbitration Act.
3 See Act for Implementation of United Nations Convention on International Settlement Agreements Resulting from Mediation (Act No. 16 of 2023). A translation of the act can be found at: Act for Implementation of United Nations Convention on International Settlement Agreements Resulting from Mediation.
4 See: 2nd ICC Tokyo Arbitration.
Copyright © 2024 Baker & McKenzie. All rights reserved. Ownership: This documentation and content (Content) is a proprietary resource owned exclusively by Baker McKenzie (meaning Baker & McKenzie International and its member firms). The Content is protected under international copyright conventions. Use of this Content does not of itself create a contractual relationship, nor any attorney/client relationship, between Baker McKenzie and any person. Non-reliance and exclusion: All Content is for informational purposes only and may not reflect the most current legal and regulatory developments. All summaries of the laws, regulations and practice are subject to change. The Content is not offered as legal or professional advice for any specific matter. It is not intended to be a substitute for reference to (and compliance with) the detailed provisions of applicable laws, rules, regulations or forms. Legal advice should always be sought before taking any action or refraining from taking any action based on any Content. Baker McKenzie and the editors and the contributing authors do not guarantee the accuracy of the Content and expressly disclaim any and all liability to any person in respect of the consequences of anything done or permitted to be done or omitted to be done wholly or partly in reliance upon the whole or any part of the Content. The Content may contain links to external websites and external websites may link to the Content. Baker McKenzie is not responsible for the content or operation of any such external sites and disclaims all liability, howsoever occurring, in respect of the content or operation of any such external websites. Attorney Advertising: This Content may qualify as “Attorney Advertising” requiring notice in some jurisdictions. To the extent that this Content may qualify as Attorney Advertising, PRIOR RESULTS DO NOT GUARANTEE A SIMILAR OUTCOME. Reproduction: Reproduction of reasonable portions of the Content is permitted provided that (i) such reproductions are made available free of charge and for non-commercial purposes, (ii) such reproductions are properly attributed to Baker McKenzie, (iii) the portion of the Content being reproduced is not altered or made available in a manner that modifies the Content or presents the Content being reproduced in a false light and (iv) notice is made to the disclaimers included on the Content. The permission to re-copy does not allow for incorporation of any substantial portion of the Content in any work or publication, whether in hard copy, electronic or any other form or for commercial purposes.
Are you sure want to delete comment ?
Scan this QR Code to share this content
