Day 1: Dispute Resolution Process in Asia Session II: Dispute Resolution Process in Asia: Theory and Reality (2) "The Japanese Model of Dispute Processing"

Japan is currently faced with a wave of 'globalization,' which should be seen as the third wave of massive law reforms following the Meiji modernization and the post-war democratization.1 Globalization of the Japanese economy means that it has outgrown the traditional 'system' 2 and now requires a new system that reflects global standards.Japanese business and commercial activities, whether in or out of Japan, will inevitably include more cross-border commercial disputes.The current method of commercial dispute processing must be reviewed in the light of globalization.It was severely criticized as a barrier to trade and listed as one of the items to be discussed at the US-Japan Structural Impediment Initiatives in 1992. 3Transparent and accountable systems, including a dispute processing mechanism, have been demanded not only by foreign governments but also by the maturing Japanese economy itself.Japan has again justified its structural reform on the grounds of compliance with foreign pressure.Contemporary issues regarding Japanese commercial dispute processing are analytically summarized below.In the light of global standards, access to justice both