JAA’s Arbitration Day 2024
Summary
ISDS (Investor-State Dispute Settlement), a mechanism of dispute resolution between countries and
foreign investors, is on the rise worldwide, and in recent years there have been increasing number of
cases in which Japanese companies are parties to ISDS. At the same time, the United Nations
Commission on International Trade Law (UNCITRAL) is taking the lead in deepening discussions on the reform
of the ISDS system.
I In addition, during such discussions, international mediation is drawing interest as a new ISDS tool. In
particular, the United Nations Convention on International Settlement Agreements Resulting from
Mediation (the Singapore Convention on Mediation) entered into force in 2020 (Japan decided to
accede to it in 2023, which will enter into force in April, 2024) and interest in and expectations for
dispute resolution between countries and foreign investors through international mediation are
growing. In fact, the International Centre for Settlement of Investment Disputes (ICSID) and UNCITRAL
have also developed mediation rules that can be used in ISDS.
At this seminar, overseas and domestic leading individuals will provide presentations and panel
discussion on the recent developments and the effectiveness of arbitration and mediation as a tool for
ISDS. While international politics and economy is full of unstable factors, a possibility that Japan and
Japanese companies will become (or is forced to become) parties to ISDS is growing. Under such
circumstances, it will be a valuable opportunity for anyone who may be involved in ISDS cases(including
inhouse lawyers who may be in charge of ISDS cases or lawyers who may become the counsel, mediator
or arbitrator in future ISDS cases) to learn more about the arbitration and mediation as a tool for ISDS.
This seminar will be held in hybrid style (in-person and online). Those who are not members of the
JAA can also participate either in-person or online.