On 26 February 2010, the Tokyo High Court upheld the Tokyo District Court’s Decision No. 3 of 28 July 2009, refusing to overturn an arbitral award pursuant to Japan’s Arbitration Law of 2003 (the “Arbitration Law“). Article 44 of the Arbitration Law sets out six grounds for setting aside an arbitral award, including: (a) that the party making the application was unable to present its case; and (b) that the award is contrary to public policy or morality in Japan.
The arbitral award under consideration had been rendered by a Tribunal sitting in Tokyo, applying the laws of Taiwan and administered under the International Arbitration Rules of the International Centre for Dispute Resolution (“ICDR Rules“) of the American Arbitration Association. Please click here to read our post on our Arbitration blog.