Global Disputes
JCAA Establishes New "Interactive Arbitration
Rules"
Effective January 1, 2019, the Japan Commercial Arbitration
Association ("JCAA") modified the choices of rules
available to the parties to an arbitration. In addition to amending
the existing rules for UNCITRAL Arbitrations and Commercial
Arbitrations, the JCAA established a new third option, termed
"Interactive Arbitration." The new Interactive
Arbitration Rules are unique in that they: (i) compel communication
from the arbitral tribunal to the parties and (ii) introduce a
system of fixed compensation for arbitrators.
With respect to the compulsory communication, the rules for
Interactive Arbitration require that the arbitral tribunal provide
summaries of each party's positions and an issues list related
to it as early as possible in the proceedings. Subsequently, and
prior to deciding whether to hold a hearing for witness
examination, the tribunal must provide a written summary of
