Originally from:
World Arbitration Reporter - 2nd Edition - Looseleaf
World Arbitration Reporter - 2nd Edition - Electronic
JAPAN COMMERCIAL ARBITRATION ASSOCIATION (JCAA)
Tatsuya Nakamura∗
I. BASIC INFORMATION
A. History and Background of the Institution
The origin of the Japan Commercial Arbitration Association (JCAA) goes back to the International Commercial Arbitration Committee, which was established in 1950 within the Japan Chamber of Commerce and Industry. The founding of the International Commercial Arbitration Committee was accomplished with the support of six other business organizations, including the Japan Federation of Economic Organizations, the Japan Foreign Trade Council and the Federation of Banking Associations of Japan. Its purpose was to settle commercial disputes and to promote international trade, thereby contributing to redevelopment of the Japanese economy. In 1953, with the further growth of international trade, the said Arbitration Committee was reorganized to be independent from the Japan Chamber of Commerce and Industry and the JCAA was formed as an incorporated association. Since then, the JCAA has devoted itself to the settlement of commercial disputes, especially those resulting from international business, through the use of arbitration, mediation and conciliation.
The JCAA has administered arbitration cases in accordance with the Commercial Arbitration Rules (hereinafter referred to as the “Rules”) as amended and effective on March 1, 2004. The most recent substantial amendment of the Rules was made in 2004.1 In addition, the JCAA has the Administrative and Procedural Rules for Arbitration under the UNCITRAL Arbitration Rules effective and amendments were made on July 1, 2009 to provide administrative services for arbitration under the UNCITRAL Arbitration Rules. The JCAA has also provided administrative services for mediation. The International Commercial Mediation Rules effective as of January 1, 2009 applies to international cases.
JAPAN COMMERCIAL ARBITRATION ASSOCIATION (JCAA) - TABLE OF CONTENTS from World Arbitration Reporter (WAR) - 2nd Edition
JAPAN COMMERCIAL ARBITRATION ASSOCIATION (JCAA)
I. BASIC INFORMATION
A. History and Background of the Institution
B. Model Clauses
C. Arbitrators
1. Appointment of arbitrators
2. Impartiality and independence of arbitrators
3. Challenge and removal of arbitrators
4. Replacement of arbitrators
5. Appointment of arbitrators in case of multi- party arbitration
6. Exclusion of liability
7. Appointment of presiding arbitrator
D. Costs, Fees and Other Service Charges
1. Arbitration costs
2. Administrative fees
3. Arbitrator’s remuneration and expenses
4. Other service charges
5. Allocation of arbitration costs
II. ARBITRAL PROCEDURE BEFORE THE JCAA
A. Commencement of Proceedings
B. Confidentiality
C. Place of Arbitration
D. Language
E. Applicable Law
F. Interim Measures of Protection
G. Jurisdiction Objection Raised by the Respondent
H. Hearing or Evidence
I. Mediation by Arbitrator
J. Expedited Procedure
K. Award
III. APPENDIX
A. Rules of the JCAA
B. Institution Contact Details
C. Bibliography
Tatsuya Nakamura, a Professor of Law at Kokushikan University in Tokyo, Japan. He is also General Manager, Arbitration Department of the Japan Commercial Arbitration Association (JCAA)). He received his B.E. from the University of Osaka Prefecture, L.L.B. from Keio University and LL.M. from the University of Tsukuba.
