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

DOI

10.2991/ecss-19.2019.65How to use a DOI?

Keywords

Japanese arbitration system, JCAA, arbitration tribunal, enforcement of arbitral rulings.

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.

Copyright

© 2019, the Authors. Published by Atlantis Press.

Open Access

This is an open access article distributed under the CC BY-NC license (http://creativecommons.org/licenses/by-nc/4.0/).

Download article (PDF)

TY  - CONF
AU  - Ying Sun
AU  - Yingjie Tu
PY  - 2019/04
DA  - 2019/04
TI  - An Introduction to the Japan Commercial Arbitration Association and JCAA Arbitration Rules
BT  - Proceedings of the 1st International Symposium on Education, Culture and Social Sciences (ECSS 2019)
PB  - Atlantis Press
SP  - 322
EP  - 330
SN  - 2352-5398
UR  - https://doi.org/10.2991/ecss-19.2019.65
DO  - 10.2991/ecss-19.2019.65
ID  - Sun2019/04
ER  -