Commercial Mediation Practice

Mediation is particularly well-suited to China-Japan commercial disputes, where cultural preferences for relational resolution intersect with the practical advantages of cost and time efficiency compared to litigation. He represents clients in mediations conducted under the JCAA Mediation Rules, which provide for party autonomy in mediator selection, procedural flexibility regarding evidence presentation, and confidentiality protections that are critical when business relationships are to be preserved.

The Singapore Convention on Mediation (the UN Convention on International Settlement Agreements Resulting from Mediation) entered into force for Japan in 2020, enabling mediated settlement agreements between Chinese and Japanese parties to be enforced internationally without the need for arbitration or litigation. However, the mediated settlement agreement must meet specific formalities including clear documentation of the mediator's appointment and the parties' written consent to mediate.

International Arbitration Support

While mediation is his primary practice focus, he also supports clients in international arbitration proceedings seated in Japan, including matters under the JCAA Rules and the ICC Rules. Japan's Arbitration Act (Law No. 138 of 2003) is based on the UNCITRAL Model Law. His support includes coordinating multi-jurisdictional arbitration teams, managing document production across Chinese, Japanese, and English languages, and advising on enforcement strategy for arbitral awards in both China and Japan.

Client Considerations

Chinese parties entering into commercial agreements with Japanese counterparties should consider including a multi-tiered dispute resolution clause providing for negotiation, then mediation through a named institution (such as JCAA), and finally arbitration if mediation does not resolve the dispute. Such clauses are enforceable under Japanese law and significantly increase the likelihood of resolution without formal proceedings.

Professional Standards

Education

University of Tokyo, LL.B.; Keio University, LL.M.

Languages

Japanese, English, Mandarin Chinese

Bar Admission

2013

Firm

Shinjuku International Law Firm

Mediation Procedure and Timing

Commercial mediation in Japan typically proceeds through an initial joint session where the mediator explains the process, followed by separate caucuses. The process is confidential under the Mediation Act. Most commercial mediations conclude within one to three sessions, making the process substantially faster than litigated commercial disputes in Japanese district courts.

Med-Arb and Hybrid Dispute Resolution

An increasingly common approach in China-Japan disputes is the med-arb model where parties agree to mediate first with the option to convert to arbitration. He structures hybrid clauses providing clear timing parameters for the mediation phase and mechanisms for transitioning to arbitration.

Cross-Border Evidence and Document Production

China-Japan commercial disputes often involve evidence located in both countries, raising complex questions about evidence gathering and admissibility. Japan permits discovery in limited circumstances under the Code of Civil Procedure, primarily focused on documented evidence rather than depositions. Chinese parties should be aware that evidence obtained through Chinese judicial procedures may require apostille or consular legalization for use in Japanese proceedings. He advises on evidence preservation strategies, coordinating with Chinese counsel on cross-border document collection, and ensuring that evidence is obtained through lawful channels that satisfy both Chinese and Japanese procedural requirements.

Enforcement of Chinese Judgments in Japan

The recognition and enforcement of Chinese civil judgments in Japan is governed by the Code of Civil Procedure and the Civil Execution Act. Japan applies the reciprocity requirement, meaning a Chinese judgment may be enforced in Japan if Japanese judgments are enforceable in China under similar conditions. The Japan-China Judicial Assistance Treaty provides a framework for mutual recognition of judgments, though procedural requirements including proper service and public policy compliance must be satisfied. He advises on the enforceability assessment of Chinese judgments in Japan and the procedural requirements for filing a judgment enforcement action in Japanese district courts.