Japan is a party to the New York Convention. The Arbitration Act relaxes the Convention’s document requirements by dispensing with the need to submit a copy of the arbitration agreement and, in certain circumstances, a translation of the arbitral award. The court filing fee for an application for an enforcement order, whether a domestic or foreign arbitral award, is only ¥4,000 (approx. US$25). Japan clearly adopts a pro-arbitration policy.
The award creditor needs to obtain an enforcement order through court proceedings that are simpler than ordinary litigation. The grounds for refusing enforcement set out in the Arbitration Act are almost identical to those under Article V of the New York Convention. However, international arbitration has a relatively short history in Japan, and there is limited case law on issues arising in the enforcement of arbitral awards, sometimes making the proceedings more complex.
Miyake Law is at the forefront of the enforcement of foreign arbitral awards in Japan, with experience in obtaining precedential court decisions. We offer our expertise and experience in identifying the award debtor’s assets, obtaining an enforcement order, and enforcing that order against those assets on a ‘no recovery, no fee’ basis.
Learn more about our enforcing foreign arbitral awards service on our Enforcement of US & International Arbitral Awards in Japan page.