NEW YORK CONVENTION EXPERT

Our attorney is an expert on the New York Convention and its implementation in domestic legislation.

ASSET TRACING & FREEZING

Our services include investigating and preserving the award debtor’s assets, as well as turning a foreign award into a domestic order.

NO RECOVERY, NO FEE

We offer enforcement of US and international arbitral awards in Japan on a contingency fee basis.

Arbitration is now a standard method of resolving disputes in international commerce. Most arbitral awards are said to be complied with voluntarily. Indeed, few claimants seem to seriously consider enforcement from the outset of an arbitration. As a result, winning parties often become aware of a range of challenges only when the losing party fails to comply with the award.

You may have been told that international arbitral awards are enforceable in countries that are parties to the New York Convention, including Japan. However, many questions follow. How long will it take and how much will it cost? Can the award debtor’s assets be traced? Is it possible to prevent the award debtor from hiding their assets? What happens if the award debtor goes bankrupt?

Miyake Law is a specialist law firm offering enforcement of US and international arbitral awards in Japan on a ‘no recovery, no fee’ basis. Arbitral awards rendered in arbitrations by major institutions, including the ICC, AAA/ICDR, LCIA, SIAC and HKIAC, as well as in ad hoc arbitrations, can be enforced in Japan. With our experience in both international arbitration and debt recovery, we are able to provide you with comprehensive and seamless services.

The 3 stages of enforcement of arbitral awards in Japan

1. Asset tracing & freezing

We search for the award debtor’s assets, such as real estate and bank accounts. If such assets are identified, we apply for a provisional attachment against the assets. Once we obtain an order at the subsequent stage, more powerful means, including asset disclosure procedures, become available.

2. Court proceedings

We apply for a court order allowing enforcement of the arbitral award with the Tokyo District Court, 8th Civil Division (Commercial Division). You can expect to obtain an enforceable order at first instance within 6 months to 1 year after filing the application.

3. Enforcement

If the arbitral debt is not settled by this stage, we will enforce the court order against the award debtor’s assets or further investigate their assets including applying for an asset disclosure procedure.

No recovery, no fee

We offer enforcement of foreign arbitral awards on a contingency fee basis, covering all three stages above. The applicable percentage is typically 10–30% and is agreed on a case-by-case basis, taking into account (i) the legal challenges specific to the case, (ii) the amount awarded and (iii) the financial standing of the award debtor. The success fee rate generally increases at each stage. The table below illustrates our typical fee structure.

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Scope Success fee
Stage 1: Asset tracing & freezing 15%
Stage 2: Court proceedings 20%
Stage 3: Enforcement 25%

* The 10% consumption tax is excluded.
* Disbursements and expenses (security for provisional attachment, etc.) are excluded.

Case 1

US$500,000 ICC award; mid-sized company as award debtor

We identify the debtor’s bank accounts and apply for provisional attachment. The debtor subsequently agrees to settle the debt by paying in instalments. The debtor makes all payments as agreed, and we recover US$500,000. Our fee is US$75,000 (= US$500,000 × 15%), plus tax.

Case 2

US$3 million AAA/ICDR award; founder-led company as award debtor

We fail to identify any significant assets and apply for a court order allowing enforcement. The award debtor vigorously contests it, but after a year of court proceedings, we obtain the order. We then identify the debtor’s accounts receivable and bank accounts. We enforce the order against these assets and recover US$500,000. Our fee is US$125,000 (= US$500,000 × 25%), plus tax. The remaining US$2.5 million remains enforceable.

Membership & recognition

How do I get started?

1. You email us at info@miyake.law with evidence (i.e. the final award…).

2. We assess your case by scrutinising the evidence. We may request further materials if needed.

3. We offer to enforce your arbitral award with a fee proposal.

4. If you are happy with our proposal, you sign an engagement letter to instruct us.