Regarding the Act Partially Amending the Arbitration Act and the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation
The Act Partially Amending the Arbitration Act (Act No.15 of 2023) and the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation (Act No.16 of 2023) were enacted on April 21st, 2023 (promulgated on April 28th, 2023).
These two acts are for integrally strengthening dispute resolution systems in Japan, especially those administrated by private dispute resolution organizations (private ADR) including international arbitration and mediation.
For an overview of the acts, please see the following link:
■ Overview of the Acts【PDF】
■ Tentative Translation of Each Act (English)
- Arbitration Act
- Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation
1. Establishment of a System Enabling Enforcement based on an Order for Interim Measures
- This allows a court to issue an enforcement approval order for an interim measure, which is an order by an arbitral tribunal to preserve rights and evidence until an arbitration award is issued.
- In judicial proceedings in Japan for obtaining enforcement approval orders for arbitral awards, if the court finds it appropriate, the court may decide not to require the submission of a Japanese translation of the arbitral award.
- In judicial proceedings in Japan for obtaining enforcement approval orders for arbitral awards, parties may file a petition in the Tokyo or Osaka District Court as well as in courts with original territorial jurisdiction.
* Effective Date: April 1st,2024
【Link】International Arbitration in Japan (official website of the MoJ)
2. Establishment of a System Enabling Enforcement based on Settlement Agreements resulting from mediation
- This allows a court to issue an enforcement approval order for a settlement reached in international mediation (International Settlement Agreement, “ISA”) as defined by the United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention on Mediation”).
* Applicable to settlement agreements relating to commercial disputes
* Effective Date: April 1st,2024(as of the date upon which the Singapore Convention on Mediation becomes effective for Japan)
【Link】United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018) (the “Singapore Convention on Mediation”) (official website of UNCITRAL)
INFORMATION
A Special Event entitled “Future Prospects of International Arbitration and Mediation: How does the Judiciary Assist?” was held on July 7, 2023, hosted by the Ministry of Justice of Japan & Japan Commercial Arbitration Association (JCAA),
These two acts are for integrally strengthening dispute resolution systems in Japan, especially those administrated by private dispute resolution organizations (private ADR) including international arbitration and mediation.
For an overview of the acts, please see the following link:
■ Overview of the Acts【PDF】
■ Tentative Translation of Each Act (English)
- Arbitration Act
- Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation
1. Establishment of a System Enabling Enforcement based on an Order for Interim Measures
- This allows a court to issue an enforcement approval order for an interim measure, which is an order by an arbitral tribunal to preserve rights and evidence until an arbitration award is issued.
- In judicial proceedings in Japan for obtaining enforcement approval orders for arbitral awards, if the court finds it appropriate, the court may decide not to require the submission of a Japanese translation of the arbitral award.
- In judicial proceedings in Japan for obtaining enforcement approval orders for arbitral awards, parties may file a petition in the Tokyo or Osaka District Court as well as in courts with original territorial jurisdiction.
* Effective Date: April 1st,2024
【Link】International Arbitration in Japan (official website of the MoJ)
2. Establishment of a System Enabling Enforcement based on Settlement Agreements resulting from mediation
- This allows a court to issue an enforcement approval order for a settlement reached in international mediation (International Settlement Agreement, “ISA”) as defined by the United Nations Convention on International Settlement Agreements Resulting from Mediation (“the Singapore Convention on Mediation”).
* Applicable to settlement agreements relating to commercial disputes
* Effective Date: April 1st,2024(as of the date upon which the Singapore Convention on Mediation becomes effective for Japan)
【Link】United Nations Convention on International Settlement Agreements Resulting from Mediation (New York, 2018) (the “Singapore Convention on Mediation”) (official website of UNCITRAL)
INFORMATION
A Special Event entitled “Future Prospects of International Arbitration and Mediation: How does the Judiciary Assist?” was held on July 7, 2023, hosted by the Ministry of Justice of Japan & Japan Commercial Arbitration Association (JCAA),