With its 2023 Amendment, Japanese arbitration law has caught up with the global standard by primarily following the 2006 UNCITRAL Model Law. It is now clear what types of interim measures an arbitral tribunal seated in Japan may grant and under what circumstances it may do so. It is likewise now clear that orders for interim measures by arbitral tribunals will be enforceable in Japan. It is notable that, in certain circumstances, a Japanese court may grant a penalty payment order to enforce an arbitral tribunal’s order for interim measures. Undoubtedly, the amendment improves the effectiveness of international commercial arbitration in Japan. However, the means of enforcing interim measures issued by arbitral tribunals under Japanese law are limited. Arbitration users are, therefore, welladvised to consider seeking supporting measures from a national court. The 2023 Amendment will make Japan more attractive as a seat of arbitration. With the present reforms, Japanese arbitration stands a better chance of meeting the challenges of becoming a preferred arbitration seat in the face of stiff competition from other jurisdictions.
ASA Bulletin