Reform des japanischen Schiedsverfahrensgesetzes

Abstract

The article provides an overview of the April 2023 reform of Japan’s Arbitration Act, which will come into force within one year. In doing so, the author also discusses the consequences. In particular, the reform affects the requirement of arbitration clauses to be in written form and the enforcement of provisional measures taken by arbitral tribunals. Furthermore, enforcement will be facilitated by the fact that a final arbitral award can be accepted for enforcement in its original version without the necessity of a translation into Japanese. Additionally, the reform includes a reorganization of the jurisdiction of the enforcement courts. The article also discusses amendments made to the Foreign Lawyers Act in 2020, which have facilitated the acting of foreign lawyers in arbitration proceedings in Japan.

(The editors)