Reservations
Japan has made a reservation under Article 8(1)(b) of the Singapore Convention: “In accordance with paragraph 1(b) of Article 8 of the Convention, the Government of Japan declares that the Convention shall apply only to the extent that the parties to the settlement agreement have agreed to the application of the Convention.”
Implementing Legislation
Japan’s implementing legislation has entered into force on 1 April 2024.
The Ministry of Justice in Japan has enacted the Act Partially Amending the Arbitration Act (Act No. 15 of 2023) and the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation (Act No. 16 of 2023) (the “Mediation Act”) on 21 April 2023. This was promulgated on 28 April 2023. These legislations are aimed at strengthening the dispute resolution systems in Japan, targeting private dispute resolution organisations including international arbitration and mediation. More information can be found here.
The tentative translation for the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation can be found here.
Procedure for Enforcing International Mediated Settlement Agreements
Japan has ratified the Singapore Convention on Mediation on 1 October 2023. In preparation for this, Japan approved the Act for Implementation of the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”) (Act No. 16 of 202) (the “Mediation Act”) on 21 April 2023, with the Mediation Act coming into force on 1 April 2024.
Under the Mediation Act, if parties are seeking to enforce an international mediated settlement agreement, they would need to submit the settlement agreement and other documents evidencing that the agreement was a result of mediation. The court must enforce the agreement unless it is satisfied that one of the limited grounds for refusing enforcement is made out. This includes the incapacity of party to the settlement agreement, the invalidity of the agreement under applicable law, the mediator’s serious breach of applicable standards and bias-related issues.