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Legal Discourse across Cultures and Systems$
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Vijay K. Bhatia, Christopher N. Candlin, and Jan Engberg

Print publication date: 2008

Print ISBN-13: 9789622098510

Published to Hong Kong Scholarship Online: September 2011

DOI: 10.5790/hongkong/9789622098510.001.0001

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Hybrid Dispute Processing in Japan:

Hybrid Dispute Processing in Japan:

Linking Arbitration with Conciliation

Chapter:
(p.52) (p.53) 3 Hybrid Dispute Processing in Japan:
Source:
Legal Discourse across Cultures and Systems
Author(s):

Yasunobu Sato

Publisher:
Hong Kong University Press
DOI:10.5790/hongkong/9789622098510.003.0003

Based on arbitration practices in Japan, this chapter proposes the concept of hybrid dispute processing, which combines some of the basic dispute-processing elements such as conciliation, arbitration, and litigation. It identifies the need to recognize the evolution of Alternative Dispute Resolution (ADR) and to cope with the problems arising from an increasing “colonization” of arbitration by litigation in international commercial contexts. The chapter also discusses several examples of hybrid dispute processing from various international contexts, especially Japan, and points out that such hybrid dispute resolution will contribute to the harmonization of dispute processing from various dispute cultures across the world.

Keywords:   dispute processing, litigation, ADR, international commerce, international arbitration

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