International Arbitration in UNCITRAL Model Law Jurisdictions

13 September 2012

International Arbitration in UNCITRAL Model Law Jurisdictions: Comparing Recent Developments in Japan

Hosted by: Clifford Chance, Level 16, No. 1 O'Connell Street, Sydney

This event is now full. Please email your details be placed on a wait list.

Organized by: Sydney Law School - Centre for Asian and Pacific Law (CAPLUS), Australian Network for Japanese Law (ANJeL) & Sydney Centre for International Law (SCIL)

Supported by: Australian Centre for International Commercial Arbitration (ACICA), Australasian Forum for International Arbitration (, Australian International Disputes Centre (AIDC), Chartered Institute of Arbitrators - Australia (CIArb), Japan Commercial Arbitration Centre (JCAA), International Law Association (ILA).

Overview: This seminar will discuss recent case law and other topics related to international commercial arbitration in Japan, of particular interest from an Australian perspective, including: the standard of reasoning required from arbitrators, challenges to awards based on public policy or inability to present one's case, time limits for bringing challenges, interim measures, enforceability of multi-tiered dispute resolution agreements, confidentiality, and "Arb-Med" (legal and practical issues involved when arbitrators facilitate settlement, as is still quite frequent in Japan).

The seminar will also touch on some developments in other jurisdictions that have adopted the UNCITRAL Model Law for their arbitration legislation, especially the recent decision regarding Arb-Med rendered by the Hong Kong Court of Appeal in Gao Hai Yan & Anor v Keeneye Holdings Ltd & Ors [2011] HKEC 514. This will build on discussion from a 20 July seminar in Tokyo involving Dr J Romesh Weeramantry and the present speaker and commentator.

The seminar will also briefly consider the differing policy stances towards incorporating investor-state arbitration provisions in investment treaties adopted by Japan (positive) and Australia (now negative), and some implications for ongoing bilateral Free Trade Agreement and Trans-Pacific Partnership negotiations.

Speaker: Professor Tatsuya Nakamura specializes in international dispute resolution and ADR, especially arbitration. He is Professor of Law at Kokushikan University in Tokyo and General Manger of Arbitration Department of the Japan Commercial Arbitration Association. His publications include Japanese Arbitration Law Q&A (2004), International Business Disputes - Arbitration, Mediation and Negotiation (2012), and many articles and books in Japanese and English - including a chapter (with Luke Nottage) on Japan in Tom Ginsburg et al (eds) Arbitration in Asia (3rd ed. 2102, also at Prof Nakamura helped enact Japan's Arbitration Law 2003, as a member of the Consultative Committee of Experts on Arbitration for the Japanese Government's Office for Promotion of Justice System Reform of the Japanese Government. He is also on the International Arbitrators Panel of the Korean Commercial Arbitration Board.

Commentator: Dr Luke Nottage specialises in comparative and transnational business law (especially arbitration, contract law, and consumer product safety law). He is Associate Dean and Professor of Comparative and Transnational Business Law at Sydney Law School, ANJeL co-director, and director of Japanese Law Links Pty Ltd. Publications include International Arbitration in Australia (2010), Foreign Investment and Dispute Resolution in Asia (2011), and (at a paper summarising and identifying trends in recent case law under the International Arbitration Act 1974 (Cth). Luke has executive roles in ACICA (Rules Committee), AFIA (Council) a nd the Law Council of Australia (ILS). He is presently involved in a Japan-related arbitration in London, and has consulted for law firms world-wide, the EC, the OECD, the UNDP and the Japanese government. Luke is leading a research project (including Prof Nakamura) on "Fostering a Common Culture in Cross-Border Dispute Resolution: Australia, Japan and the Asia-Pacific", funded by the (DFAT-affiliated) Australia-Japan Foundation.

Chair: Tim Grave is a partner in Clifford Chance's Sydney office, specialising in commercial dispute resolution and related advice across a wide range of matters, including Corporations Act matters, directors duties, commercial and contractual disputes, equitable claims, trade practices, and investigations by regulators. In the last 12 months Tim has acted in two international arbitration related matters in the Federal Court. The first involved acting for a European applicant in successfully obtaining recognition and enforcement of a foreign arbitral award that was opposed by the Indian respondent. The second involved acting for Russian respondents in the first application in Australia for interim relief under the Model Law by way of freezing orders against the respondents' Australian assets.

Time: 5.30pm (refreshments) for 6-7.30pm

Location: Clifford Chance, Level 16, No. 1 O'Connell Street, Sydney

Cost: Free but places are limited

Contact: Kylie Kolts

Email: 082c0550035406370a37240c270e040b142e3e561201531c285c542d2c55