Partner and Co-Chair of the International Arbitration Group Franz Schwarz is speaking on a panel titled, “Arb-Med-Arb: A Japanese Solution” at the first ICC Tokyo Arbitration Day in Tokyo, Japan. The 2-day conference commemorates the Centenary of the ICC International Court of Arbitration.
Mediation (known as “choutei” in Japanese) is practically adopted by parties to resolve disputes in civil trial proceedings and increasingly in international arbitration. The application of mediation is especially welcomed by Asian parties who have cultural preferences of avoiding conflicts and direct confrontation in front of a tribunal. In international arbitration, Arbitration-Mediation-Arbitration (“Arb-Med-Arb”) gradually becomes a myriad of preferred options for parties to choose. Considering Japan’s leading and influential status of civil law system, this panel will explore a Japanese solution of adopting Arb-Med-Arb for dispute resolution.