ADR

• Attorney’s Law in Japan has to be changed to facilitate ADR.

  • Attorney’s Law, Article 72
    • Concerning legal matters, those who are not lawyers are prohibitted from dealing with legal issues such as agency, arbitration etc. for the purpose of making profits.
    • ADR institutions have to be established by lawyers or other institutions whose purpose is not to make profits.

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Notes:

However, there is at least one obstacle in Japan. That is Attorney’s Law which allows lawyers exclusively to present parties even for ADR.

Attorney’s Law, Article 72 reads, concerning legal matters, those who are not lawyers are prohibited from dealing with legal issues such as agency, arbitration etc. for the purpose of making profits.

ADR institutions in Japan, have to be established by lawyers or other institutions whose purpose is not to make profits.

I am skeptical whether such institutions can provide good services.

We believe some flexibility should be introduced into this area so that cost and speed for dispute settlements be reduced dramatically and the MITI is now eager to seek possible ways for qualified non-lawyers to get actively involved in ADR procedures, which we believe necessary for the sound development of E-Commerce.