The Japan Commercial Arbitration Association ("JCAA")

The head office of the JCAA is located in Tokyo, Japan. The JCAA also has offices in Osaka, Nagoya, Kobe and Yokohama.

No.

In accordance with Rule 8.1, administrative work during the arbitral proceedings under the Rules shall be performed by the secretariat of the JCAA (the “Secretariat”). Further, Rule 8.2 provides that the Secretariat, at the request of the arbitral tribunal or either Party, shall make arrangements for recording, interpreting, making a stenographic transcript of hearings, providing a hearing room, or other services necessary for conducting the arbitral proceedings. The Advisory Committee, a newly-established committee comprised of external arbitration professionals, performs the functions with respect to the Rules, Administrative Fee Regulations, Regulations for Arbitrator’s Remuneration, among others, and, at the request of the JCAA, provides its views on the arbitration-related matters that the JCAA would like to be advised on, such as with respect to a decision on challenges to or the removal of arbitrators. The JCAA does not have a court of arbitration like the ICC.

No.

The parties may freely choose the place of arbitration. However, in the absence of any agreement between the parties, Rule 36 of the JCAA Rules sets the city of the JCAA office to which the claimant submitted the request for arbitration as the default place of arbitration.

Yes.

Payment of administrative fees upon the filing of the Request for Arbitration according to the amount or economic value of the claim (See Rule 14.5 of the JCAA Rules and The Japan Commercial Arbitration Association Administrative Fee Regulations) http://www.jcaa.or.jp/e/arbitration/Arbitration_Rules_2015e.pdf

USD 43,200 (Calculated on the basis that $1 is equal to JPY100.) Please note that this reflects the maximum, not average, amount of the arbitrator's remuneration, as the JCAA do not provide guidance on how to calculate the average amount of the arbitrator's remuneration and we are only able to calculate the maximum under the JCAA Rules.

USD 311,040 (Calculated on the basis that $1 is equal to JPY100.) Please note that this reflects the maximum, not average, amount of the arbitrator's remuneration, as the JCAA do not provide guidance on how to calculate the average amount of the arbitrator's remuneration and we are only able to calculate the maximum under the JCAA Rules.

USD 518,400 (Calculated on the basis that $1 is equal to JPY100.) Please note that this reflects the maximum, not average, amount of the arbitrator's remuneration, as the JCAA do not provide guidance on how to calculate the average amount of the arbitrator's remuneration and we are only able to calculate the maximum under the JCAA Rules.

Under Rule 85 of the JCAA Rules, both parties are required to deposits, in the amount and manner and within the time limit fixed by the JCAA. If one of the parties fails to pay, the arbitral tribunal, upon request of the JCAA, is required to terminate the arbitral proceedings unless the other party makes such payment. These amounts are refunded by the JCAA in the event that the deposits exceed the arbitral tribunal’s ultimate determination of costs.

In terms of formalistic procedures, Rules 39 and 40 relevantly provide for the preparation of a procedural schedule, and for the preparation of terms of reference and an issues list. Rule 39 requires the arbitral tribunal to, as early as practicable, consult with the parties and make a written schedule of the arbitral proceedings (the “Procedural Schedule”) to the extent necessary and feasible. The consultation with the parties is to be conducted through preliminary meetings, telephone conferences, exchanges of documents or any other appropriate methods determined by the arbitral tribunal. The arbitral tribunal may also amend the Procedural Schedule during the course of the arbitral proceedings, after allowing the parties an opportunity to comment. Rule 40 requires the arbitral tribunal to use reasonable efforts to identify the issues to be determined, in consultation with the parties at as early a stage as practicable. This rule further empowers the arbitral tribunal to prepare terms of reference outlining the matters referred to the arbitral tribunal and a list of major issues where it considers this appropriate for promoting the efficiency of the arbitral proceedings. To be clear, the arbitral tribunal has the discretion to determine whether or not to prepare terms of reference, unlike the Procedural Schedule which it is required to prepare. In preparing terms of reference, the arbitral tribunal must allow the parties an opportunity to comment.

Japanese or English (Rule 11.3 of the JCAA Rules)

The JCAA Secretariat. TOKYO HEAD OFFICE 3rd Floor, Hirose Building, 3-17, Kanda Nishiki-cho, Chiyoda-ku,Tokyo 101-0054, JAPAN Arbitration & Mediation Departments Telephone : +81-3-5280-5161 Fax : +81-3-5280-5160 OSAKA OFFICE The Osaka Chamber of Commerce & Industry Bldg. 2-8, Hommachibashi, Chuo-ku, Osaka Arbitration Department Telephone : +81-6-6944-6164

Rule 11 provides that the arbitral tribunal must promptly determine the language(s) to be used in the arbitral proceedings unless otherwise agreed by the parties, in consideration of the language of the contract containing the arbitration agreement and of the necessity and cost of interpretation or translation. The arbitral tribunal may request a party to attach any documentary evidence of a translation into the language(s) used in the arbitral proceedings. This rule also provides that communications between the JCAA and the parties or between the JCAA and the arbitrators must be made in either English or Japanese.

Rule 33 provides that if an arbitrator ceases to perform his/her duties before the closing of the arbitral proceedings due to resignation, challenge, removal or death, the JCAA shall notify the parties and the remaining arbitrators without delay. If that arbitrator was appointed by either or both of the parties or the remaining arbitrator, unless otherwise agreed, they are required to appoint the substitute arbitrator and notify the JCAA of such appointment within three weeks from the notification by the JCAA of the original arbitrator ceasing to act. If the party, parties or arbitrators fail to appoint a substitute within this time, the JCAA will appoint the substitute arbitrator. The JCAA will also appoint the substitute where it appointed the original arbitrator unless the parties otherwise agree.

Specific regulations regarding multi-party arbitrations or joinders to the arbitral proceedings are contained in under Rules 29, 52, 42.6 and 82. Rule 29 governs the appointment of arbitrators in multi-party arbitrations where the number of arbitrators is to be three, whether that number has been determined by agreement of the parties or by the JCAA. In both cases, the claimant(s) and the respondent(s) each appoint one arbitrator and notify the JCAA within three weeks of making such appointment. The two arbitrators appointed by the claimant(s) and the respondent(s) then appoint the third arbitrator and notify the JCAA within three weeks. Where they fail to do so, the JCAA appoints the third arbitrator. Finally, in the case where either the claimant(s), the respondent(s), or both, fail to notify the JCAA of their appointed arbitrator within the three-week time limit, the JCAA appoints all three arbitrators and may appoint an arbitrator already appointed by one of the parties, if no other party raises an objection. Under Rule 52.1, a third party is permitted to join the arbitral proceedings as a claimant or may be joined as a respondent where all parties to the arbitration and the third party have agreed to the joinder in writing, or where all claims are made under the same arbitration agreement, so long as the written consent of the third party is given when it is requested to join as a respondent after the constitution of the arbitral tribunal. Even where these conditions are fulfilled, the arbitral tribunal retains the power to deny a request for joinder where it finds that the joinder would delay the arbitral proceedings or on any other reasonable grounds. Rule 42.6 empowers the arbitral tribunal to make a decision to separate the arbitral proceedings where the application for joinder does not satisfy the requirements under Rule 52.1. Rule 82 provides that neither third-party joinder nor consolidation is permitted in expedited procedures.

Oral hearings are not compulsory. Under Rule 44, the arbitral tribunal decides whether to hold hearings for oral argument or the presentation of evidence, or whether to conduct the arbitral proceedings based solely on documents and other materials. However, if requested by one of the parties, the arbitral tribunal must hold a hearing at an appropriate stage of the arbitral proceedings, unless the parties have agreed in writing that there will not be hearings.

Rule 50 provides that each party bears the burden of proving the facts it relies upon in support of its claims or defenses. The arbitral tribunal is empowered to examine evidence not presented by a party when it considers it necessary and may also examine evidence outside hearings. However, the arbitral tribunal must give the parties an option to submit statements, whether written or oral, regarding the examination of evidence outside hearings. At the written request of a party or on its own motion, the arbitral tribunal may order any party to produce documents in that party’s possession that the arbitral tribunal considers necessary to examine, after giving the party in possession an opportunity to comment. The IBA Guidelines on the Taking of Evidence are often used as a guide in international arbitrations conducted under the JCAA Rules.

No published data available.

Although Rule 39.1 requires the arbitral tribunal to use reasonable efforts to render the award within six months from the date on which the arbitral tribunal is constituted, it has been the authors’ experience that six months is usually not the case.

Rule 12.4 gives the arbitral tribunal the power to change any time limit under the Rules where it considers it necessary, with the exception of the arbitral tribunal’s reasonable efforts obligation to render an award within six months (Rule 39.1), the rule that arbitral proceedings are not to be reopened after three weeks from the date of closing (Rule 56.4), the requirement for an emergency arbitrator to make a decision on emergency measures within two weeks from his/her appointment (Rule 72.4), and the rule that an arbitrator is to make an award within three months from his/her confirmation or appointment by the JCAA in expedited procedures (Rule 81.1). These exceptions do not apply to the JCAA, which has the power under Rule 12.5 to fix or change any time limit concerning the arbitral proceedings under the Rules where it considers it necessary.

Under Rule 66, the arbitral tribunal may order interim measures in regard to matters such as the maintenance of the status quo, the recovery of the original status, the prevention of current or imminent harm or prejudice to the arbitral proceedings, asset preservation for the satisfaction of a subsequent award or the preservation of evidence that may be relevant and material to the resolution of the dispute. The arbitral tribunal may order interim measures where it considers it appropriate, but must be satisfied that there is a reasonable possibility that the requesting party will succeed on the merits and that the harm to the requesting party cannot be repaired by a later award for damages and outweighs the harm likely to result to the party against whom the measure is directed as a result of imposition of the measure. Although Rule 66.6 provides that the parties shall be bound by and must carry out any interim measures ordered by the arbitral tribunal, it should be noted that Japanese courts will not enforce interim measures ordered by an arbitral tribunal. However, Article 15 of the Japanese Arbitration Act provides a separate avenue for interim relief, stating expressly that “[a]n Arbitration Agreement shall not preclude the parties from filing a petition, before the commencement or during the course of the arbitration proceedings, for a provisional order with the court, in regard to the civil dispute which is the subject of the Arbitration Agreement, and the court that has received such petition from issuing a provisional order."

Chapter V of the JCAA Rules provides for interim measures by emergency arbitrator.

Chapter VI of the JCAA Rules deals with expedited proceedings, or “expedited procedures” as they are termed under the JCAA Rules. Expedited procedures are conducted where agreed by the parties and notified to the JCAA in writing within two weeks from the respondent’s receipt of the notice of request for arbitration. The procedures are limited to claims where the amount or economic value does not exceed JPY 20,000,000, which is deemed to include claims where the economic value cannot be calculated, the calculation is extremely difficult or where there is a dispute as to the economic value. Further, pursuant to the JCAA Rules, the number of arbitrators must be one and the arbitral tribunal is only allowed to have a one-day hearing unless it considers any additional hearing days necessary. Expedited proceedings are not permitted where a party notifies the JCAA in writing that the parties have agreed not to submit their dispute to expedited procedures, where the parties have agreed that there will be more than one arbitrator, or where a counterclaim or set-off defense is submitted and the amount or economic value thereof exceeds JPY 20,000,000 (except when the parties have agreed in writing to submit the counterclaim or defense to expedited proceedings). The time limit for the rendering of the award is three months from the date of confirmation or appointment of the arbitrator by the JCAA. While the arbitrator cannot extend this time limit, the JCAA may do so where it finds that the case is sufficiently complex or for any other compelling reason.

No.

No.

Costs do not necessarily follow the event. Under Article 49 of the Japanese Arbitration Act, the expenses of an arbitration are shared between the parties as agreed by the parties. Where such an agreement is reached, an arbitral tribunal may provide the sharing of expenses between the party and the amount to be reimbursed by one party to another in an arbitral award or independent decision (which independent decision has effect as an arbitral award). If the parties do not reach an agreement as to the sharing of expenses, then each party bears its own costs. The JCAA Rules also deal with the issue of costs, with Rule 83 empowering the arbitral tribunal to apportion the costs between the parties, taking into account the decision on the merits, and any other relevant circumstances. Where the claimant withdraws its claim before the arbitral tribunal is constituted, the JCAA may apportion costs. Administrative fees are fixed pursuant to the Administrative Fee Regulations and arbitrators’ remuneration and expenses are fixed pursuant to the Regulations for Arbitrator’s Remuneration.

Yes.

Article 44 of the Japanese Arbitration Act. The grounds for setting aside awards are substantively the same as those provided in Article 34.2 of the 1985 UNCITRAL Model Law. Japan is a signatory to the New York Convention.

http://www.jcaa.or.jp/e/arbitration/rules.html

http://www.jcaa.or.jp/e/arbitration/clause.html