The Quest for More Efficiency in Arbitration: Recent Arbitral Reform Efforts in Japan and Germany

The legislative frameworks in Japan and Germany are based on joint legal traditions and share many similarities. With respect to arbitration, the current German Arbitration Act （“German Act”) was passed in 2001 followed by the Japanese Arbitration Act （“Japanese Act”) in 2003. Considering that both Acts are based on the UNCITRAL Model Law of 1985, they naturally share many similar traits Until recently, neither of these Acts required substantial legislative change. However, reflecting an international push by legislators and global arbitral institutions to improve the framework of arbitration, on 18 April 2023, the German Federal Ministry of Justice published a 12-point key issues paper （“Key Issues Paper”) which provides a framework for further legislative discussions regarding amendments...To read the full article, please see the PDF file

*This article is also available in Japanese.

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Lars MARKERT

Partner
Tokyo

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Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 60 international arbitrations as counsel and as arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.

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