Japan’s arbitral tribunals can amend or alter awards on their own or do it at the request of parties. Parties can also request that arbitral awards be interpreted for them. Appealing awards can be done within one month since the receipt of a notification of an award. However, there’s no deadline for the amendment or alteration of awards rendered by arbitration tribunals.
Japan: Appealing Arbitral Awards
Challenging arbitral awards in the state of Japan requires filing an appeal with a relevant appellate court. However, those intending to initiate arbitration in the state of Japan should keep in mind that there’s limited grounds for challenging such verdicts.
Those include:
- absence or invalidity of arbitration agreements;
- improper notification of parties of the appointment of arbitrators;
- failure of parties to present their arguments;
- arbitration agreements don’t provide for issues covered by awards;
- arbitration tribunals’ makeup or procedure for resolving disputes by arbitration in the state of Japan didn’t adhere to previously reached agreements;
- courts based their awards on disputes which couldn’t be resolved by way of arbitration;
- awards contradicted publicly accepted policies.
The above grounds don’t differ much from those provided for in the UML. Filing a lawsuit for reversal of arbitral awards in the state of Japan can be done within ninety days after its issuance.
Appeal Levels
Please note that arbitral awards may only be appealed once. Filing an appeal must be done within fourteen days since the issuance of an award. Normally, appeal procedure in the 1st instance courts requires up to one year, while consideration of appeals may take up to half a year.
Japan: Enforcing & Recognizing an Arbitral Award
Enforcement of an arbitral award requires obtaining an enforcement order. Enforcing a foreign arbitral award in Japan can be refused on the grounds set forth in the UML or NYC.
The said rules are applicable even in cases when issuance of awards took place in jurisdictions which didn’t ratify or sign the NYC.
There’s no statute of limitations for enforcement of an arbitral award.
Seeking to resolve a dispute through arbitration in the state of Japan or Asia? Need advice on arbitration regulation in the state of Japan? Why not contact IQ Decision UK?
