The Japan Commercial Arbitration Association (JCAA) has issued an announcement that it is (i) amending its two current sets of arbitration rules and (ii) introducing a revolutionary set of rules designed to provide efficient and cheap civil-law style arbitration.
In its introduction to an initial call for public comments on the drafts, the JCAA made the frank admission that it: “has yet to play a significant role in the resolution of international disputes.” The clear motivation for these new rules is to change this by offering a unique arbitration model that is attractive to a wide range of businesses. Accordingly, the new sets of rules (the key features of which are explored below) seem to create a three tiered-system:
- The amended Administrative Rules for UNCITRAL Arbitration (Administrative Rules) for the most complex and high value international disputes
- The amended Commercial Arbitration Rules (Commercial Rules) – effectively the JCAA’s main set of arbitral rules – where cost efficiency is a greater priority.
- The newly enacted Interactive Arbitration Rules (Interactive Rules) where cost efficiency is paramount.
The new sets of rules will come into force on 1 January 2019.