JCAA Rules Revisited

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New JCAA Rules of Commercial Arbitration recently have been released after a review and amendment process that began in July 2012. The JCAA Rules last were amended in 2008, and the new rules took effect on February 1, 2014. They introduce multiple changes in line with recent international developments.

Improving efficiency -

Various revisions to the JCAA Rules aim to make arbitration faster and more efficient. The old provision regarding “Basic Date” (defined as three weeks from the date when the JCAA sends a notice of a request for arbitration), which was used to trigger the four-week deadline for the respondent’s answer and any counterclaim, has been removed. Under the new Rules, the respondent is to submit its answer and any counterclaim four weeks after receiving notice of the request for arbitration (Rules 18.1 and 19.1). In addition, the Rules require that any set-off defense be raised by the respondent within the same four-week period (Rule 20).

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