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  5. Review Committee for Representation in International Arbitration, etc. by Registered Foreign Lawyers or Foreign Lawyers

Review Committee for Representation in International Arbitration, etc. by Registered Foreign Lawyers or Foreign Lawyers

1. Background to the Establishment of the Committee

   With respect to Representation in International Arbitration by Registered Foreign Lawyers and Foreign Lawyers other than Registered Foreign Lawyers, the relevant provisions were developed by the 1996 amendment of the Act on Special Measures concerning the Handling of Legal Services by Foreign Lawyers. Thereby, such representation became permissible within a certain scope and the international arbitration system has operated in accordance with such provisions. On the other hand, the Conceivable Measures for Activation of International Arbitration compiled in April 19, 2018 by the Liaison Conference of the Relevant Ministries for International Arbitration, which has been held since September 21, 2017, indicates that “we should further clarify the scope within which Registered Foreign Lawyers, etc. may be involved in arbitration proceedings and should examine whether an overhaul of such scope is necessary.” As can be seen from this, recently, the necessity of an overhaul of the system concerning representation in international arbitration by Registered Foreign Lawyers, etc. has been pointed out as part of an effort to form an infrastructure for the activation of international arbitration in Japan. Under these circumstances, our Committee was established to consider the ideal form of international arbitration by Registered Foreign Lawyers, etc.

2. Members of the Committee (names listed without honorifics, in Japanese syllabary order)

Chairperson Junichi Matsushita (The University of Tokyo Graduate Schools for Law and Politics: Professor of Law)
Members Naoki Idei (Attorney at law)
      Shusuke Kakiuchi (Professor at the University of Tokyo, Graduate Schools for Law and Politics)
      Yuko Kato (Deputy Manager of the Compliance Administration Office of the Legal Department of Mitsubishi Corporation)
      Masahiro Kamei (Fujitsu limited: Senior Expert of the Legal, Compliance & IP Unit)
      Keisuke Takeshita (Associate Professor at the Hitotsubashi University, Graduate School of Law)
      David Case (Registered Foreign Lawyer)
      Hiroyuki Tezuka (Attorney at Law)
      Masato Dogauchi (Director, Chief Arbitration and Mediation officer of the Japan Commercial Arbitration Association)
      Peter Coney (Registered Foreign Lawyer)

3. Items to Consider

(1) Scope of "international arbitration cases" where Registered Foreign Lawyers, etc. can conduct the proceedings
(2) Other issues and related issues concerning international arbitration by Registered Foreign Lawyers

4. Report of the “Review Committee for Representation in International Arbitration, etc. by Registered Foreign Lawyers or Foreign Lawyers”

  The Review Committee for Representation in International Arbitration, etc. by Registered Foreign Lawyers or Foreign Lawyers received a wide range of opinions based on the expert findings of not only Attorneys at Law and Registered Foreign Lawyers but also experts in various fields, and continued to consider them regarding international arbitration by Registered Foreign Lawyers, etc. and international mediation during three meetings held in the period from August 31, 2018 to September 25, 2018.
  At this meeting, a report was compiled suggesting that relevant organizations expand the scope of international arbitration cases and to develop rules for international mediation agents.

〇 Report of the Review Committee for Representation in International Arbitration, etc. by Registered Foreign Lawyers or Foreign Lawyers

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