Not Held at Japan Society – Intl Arbitration: Current Situation and Future Issues for Japan & the US

New Trends in International Arbitration: Current Situation and Future Issues for Japan and the US

This program will be held at The Nippon Club, 2nd Floor (Rose Room), 145 West 57th Street, New York, NY 10019

Wednesday, December 1, 2004
1:30 – 4 pm

Organized by
The Japan Commercial Arbitration Association

Co-organized by
The American Arbitration Association
Japanese Chamber of Commerce and Industry of New York, Inc.
Japan External Trade Organization

This seminar, “New Trends in International Arbitration—Current Situation and Future Issues for Japan and the US,” will provide participants with up-to-date information on the laws as
well as a precise picture of ADR in Japan vis-à-vis the U.S.

Japan’s arbitration system has lagged well behind the U.S. as symbolized by its century-old arbitration law. Recently, however, the government has been pushing forward with efforts
to make alternative dispute resolution mechanisms an attractive option alongside judicial judgments. As a result, a new arbitration law based upon the UNCITRAL Model Law was enacted last March and, furthermore, an ADR Law is now being prepared for submission to the Diet.

Agenda
1:30 pm Registration
2:00 Opening Remarks: Kosuke Yamamoto
2:10 The Impact of Culture on International Commercial Arbitration: William K. Slate II
2:40 New Arbitration Law—Links with the UNCITRAL Model Law and ADR Law: Toshio Sawada
3:00 Dispute Resolution in Japan—An International Business Perspective: Robert F. Grondine
3:20 JCAA Arbitration in Practice under New Arbitration Rules:
Masaharu Onuki
3:40 Q&A Session/Close
4:00 Reception

Speakers

The Impact of Culture on International Commercial Arbitration

Mr. William K. Slate II, President and CEO, American Arbitration Association, will speak on the importance of learning about and incorporating knowledge of cultural impacts in: (1) Conducting Hearings or negotiated settlements, (2) Writing Awards, (3) In professional case related interactions with counsel and the parties, and (4) The presence of culturally informed decision-makers will not only give the parties confidence, potentiate further use of the process, but also enhance the prospects for the enforcement of an award sitting in the
breast of a national court.

New Arbitration Law—Links with the UNCITRAL Model Law and ADR Law

Dr. Toshio Sawada, Japanese Attorney-at-Law; President, Japan Association of Arbitrators, a new organization for academic research in arbitration and ADR as well as for training of neutrals; Vice-Chairman, ICC International Court
of Arbitration, will discuss the features of Japan’s new Arbitration Law explaining the extent to which the UNCITRAL Model Law rules are adopted. Brief remarks on the new ADR legislation will follow.

Dispute Resolution in Japan—An International Business Perspective

Mr. Robert F. Grondine, Chairman of American Chamber of Commerce in Japan; Partner of White & Case in Tokyo, will discuss the perspective of foreign business and international lawyers in handling dispute resolution in typical business transactions in Japan and the evolution of views on arbitration and
mediation in Japan since the 1980’s.

JCAA Arbitration in Practice under New Arbitration Rules

Mr. Masaharu Onuki, Director of the Japan Commercial Arbitration Association, will introduce JCAA Arbitration according to New Arbitration Rules concerning arbitration proceedings and practices: Arbitration Agreement, Arbitrator, Arbitral Proceedings including Expedited Procedures,
and Arbitral Award.

Registration Fee
None (The seminar and reception are completely free of charge.)

To attend the seminar and reception, please complete the
Registration Form (PDF format) and send it by fax to
+81-3-3287-3054 no later than November 15, 2004.