Internationale Handelsschiedsgerichtsbarkeit in Japan

In the course of comprehensive reforms of its judicial system, Japan completely overhauled its arbitration law in 2004, bringing the legal framework into line with the global standards of the UNCITRAL model law. Focusing on international commercial arbitration, Felix Burkei analyzes the development of arbitral practice in Japan, as well as its obstacles, against the backdrop of Japanese legal mentality. He gives a detailed description of the arbitral proceedings, in particular the arbitration rules of the Japan Commercial Arbitration Association (JCAA), a description which includes the recognition and enforcement of arbitral awards, an important factor for foreign parties. Felix Burkei evaluates Japanese and international literature as well as the judgments of Japanese courts on arbitration law. Since the previous flaws in Japanese arbitration have largely been eliminated, he concludes with a positive assessment of the reform.