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David Gilmore, John Ribeiro, Sam Beer, Ben Jolley (Herbert Smith Freehills LLP) for HSF Kramer
New 2019 JCAA Rules: Is Three a Crowd?
February 08, 2019

Overview  On 1 January 2019 the Japan Commercial Arbitration Association (the "JCAA") amended its two current sets of arbitration rules. At the same time, it introduced an additional set of new…

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Nobumichi Teramura (Universiti Brunei Darussalam & University of Sydney), Luke Nottage (University of Sydney & Williams Trade Law)
Japan’s (In)Capacity in International Commercial Arbitration
November 17, 2018

Not long after the ICCA Congress held in Sydney, the Japan International Dispute Resolution Center (JIDRC) was established in Osaka on 1 May 2018, with some fanfare from the Japanese government and…

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Yuka Fukunaga (Waseda University)
ISDS Under the CPTPP and Beyond: Japanese Perspectives
May 30, 2018

The Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) was signed by 11 of the original TPP Partners on 8 March 2018 in Santiago, Chile. After the United States announced…

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Luke Nottage (University of Sydney & Williams Trade Law), James Claxton (Waseda University)
“Japan is Back” - for International Dispute Resolution Services?
January 29, 2018

“Japan is Back”?   Prime Minister Shinzo Abe himself is certainly back – having led the Liberal Democratic Party (LDP) to a fifth consecutive election in October 2017. If Abe remains in power…

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Koki Yanagisawa, Takiko Kadono (Nagashima Ohno & Tsunematsu)
Setting Aside Arbitral Awards before Japanese Court: Consolidating Japan’s Position as an Arbitration-Friendly Jurisdiction?
January 22, 2018

Under the Japanese Arbitration Act, which was established based on the UNCITRAL Model Law on International Commercial Arbitration in 2003, parties may file a petition with a court requesting the…

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Shigeki Obi (Permanent Court of Arbitration) for Young ICCA
Deposition in Japan for U.S.-based International Arbitration
June 21, 2017

I. Introduction A deposition is a “witness's sworn out-of-court testimony” (Legal Information Institute “Wex, Deposition”). In U.S.-based litigation, a deposition is available as part of the…

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