How Can International Arbitration in Japan Take Flight?

Abstract

Since 2017, with a view to a breakthrough in the development of Japan as an international or regional hub for international dispute resolution, the Japanese government has been carrying out several initiatives. These include establishing a dispute resolution complex, 日本国際紛争解決センター Nihon kokusai funsō kaiketsu sentā (the Japan International Dispute Resolution Center (JIDRC)), with Tōkyō and Ōsaka facilities and the liberalisation of relevant laws. However, will these projects be enough to attract attention from arbitration stakeholders and eventually revitalise international arbitration in Japan? This paper examines the current state of international arbitration and ongoing projects in Japan. It puts forward some measures in terms of the legal infrastructure that may make international arbitration in Japan more accessible and attractive for potential users (in particular non-Japanese users). It must, however, be emphasised that a well-developed legal infrastructure is a necessary but not sufficient condition for establishing Japan as an international or regional hub for dispute resolution. In parallel with the continual development of its legal infrastructure, Japan needs to carry out public relations actively (with business or arbitration organisations) to show Japan’s capacity, in addition to building up Japan's arbitration capacity). An international or regional hub for dispute resolution is not built in a day. But if Japan can dream it, Japan can do it.