Arbitration is now a standard method of resolving disputes in international commerce. Cross-border agreements often contain an arbitration clause, under which the parties agree to resolve a dispute through arbitration rather than court proceedings. Where such a clause applies and negotiations reach a deadlock, a party seeking to resolve the dispute generally has no option but to commence arbitration.
It stands outside the national court system. However, when it comes to interim remedies and enforcement, arbitration still requires the assistance of national courts. Applicants should consider a strategy that includes preserving and enforcing against the respondent’s assets, even before filing a request for arbitration. In particular, if the dispute involves little or no legal argument and the opponent’s financial standing is doubtful, it is worth considering instructing a law firm based in the opponent’s country to assist throughout the process, regardless of the applicable law or the seat of arbitration. Seamless representation can make the process much more efficient.
As a small, specialist law firm, Miyake Law represents domestic and international clients in fast-track (expedited) arbitration proceedings administered by institutions such as the ICC, SIAC, HKIAC and JCAA, where the opponent’s assets are located in Japan. Fast-track arbitration enables parties to obtain a final award within 3 or 6 months through document-only proceedings. Our services cover the entire process, from asset preservation to the enforcement of the final award in Japan.
We are a niche law firm offering ‘no win, no fee’ international arbitration.