November 2017

Number 38

The Education of International Arbitration at Japanese Universities
James Claxton*
International arbitration is a primary method for
resolving disputes in international commence. For
those who want to practice in the area or understandit better, there are a growing number of opportunities
to study the subject at Japanese universities.1
This article examines the formal education of international arbitration in Japan. It surveys courses and programs, assesses the benefits of formal study, compares
the education of international arbitration in Japan
with its education abroad, and predicts how the education of international arbitration might develop in
Japan in the years to come. I refer to courses and programs at my home university, Kobe University, to provide concrete examples throughout the article.
1. Undergraduate Education of International Arbitration
Few Japanese universities offer courses in international arbitration meant for undergraduates.2 Perhaps thisis unsurprising given its international and specialist
nature. Japanese undergraduate students may nevertheless gain some exposure to the subject in generalcourses in international business, civil procedure, private international law, and alternative dispute resolution. These may include one or two lectures on arbitration, though the focus is likely to be domestic rather than international in most of the courses.
The best opportunity for Japanese undergraduates tolearn about international arbitration is by participating in international moot competitions.3 The annual
Willem C. Vis International Commercial Arbitration

Moot is a prominent example. Japanese universities
that regularly prepare teams for this competition
include Doshisha University, Hitotsubashi University,
Hokkaido University, Kobe University, Kyoto University, Kyoto Sangyo University, Nagoya University, andWaseda University.
Students competing in the Vis moot are expected tounderstand the principles and practice of international commercial arbitration. Japanese universities offer
varying degrees of support to assist them in their
preparations. Kobe University, for example, organizes
a seminar for participating undergraduate and graduate students that covers arbitration concepts and provides guidance on legal research, legal drafting, andoral pleading. The university also invites arbitration
specialists to Kobe to give lectures on arbitration to
the participants and provide them with feedback
about their preparations.
2. Postgraduate Education of International Arbitration
There are more opportunities for students in Japan to
study international arbitration at the graduate level. A
number of Japanese universities offer degree programs that include international dispute resolution
coursework. Hitotsubashi University, Kieo University,
Kyushu University, Kobe University and Nagoya University offer master’s degrees with an international
arbitration component. Waseda University will begin
a program next spring. Other universities that offer
courses in international arbitration include Hokkaido
University, Sophia University, and Temple University.

* Professor of Law, Kobe University.
1 I would like to thank Prof. Akira Saito, Prof. Hiro Sono, Prof. David Litt, Prof. Narufumi Kadomatsu, Prof. Giorgio Colombo, Prof. Mark Fenwick, and Prof. Loukas Mistelis for insights and comments about this article.
2 This is also true outside of Japan. As a counter example, Kobe University offers a course in legal English for undergraduates that proceeds as a course in international commercial arbitration.
3 For an article on the experience of Japanese students in international moot competitions, see Prof. Akira Saito, “Catch the Global Headwinds: Japanese Students Encounter the International Arbitration Moot,” JCAA Newsletter, No. 36 (November 2016).

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Courses at Japanese universities commonly focus onpractical aspects of international commercial arbitration. They may be taught by university staff or attorneys practicing international arbitration. In manycases, the instruction is given in English. The lectures
tend to be given by practicing attorneys at universities
in Tokyo.
Kobe University offers coursework in international
dispute resolution as part of a master’s program inlaw taught in English. This includes a survey course ininternational arbitration as well as courses in international arbitration practice, international arbitration
theory, international investment arbitration, and international commercial mediation. The courses aretaught by both university staff and visiting lecturers
from abroad. The visiting lecturers, comprising academics and lawyers, tend to give courses in intensive
one-week sessions.
Where Japanese universities do not offer graduate
courses in international arbitration, the options forgraduate students are largely the same as for undergraduates. Students can participate in internationalmoot competitions or gain some understanding ofinternational arbitration in courses in related disciplines.
3. Extracurricular Education
Some Japanese universities offer extracurricular
opportunities for students interested in international
arbitration. Options may include seminars, mootcompetitions, conferences, and study groups.
Kobe University, for example, offers lectures andtrainings in international arbitration throughout theyear. In the fall, the law faculty hosts a workshop on
the administration of international disputes. This
event brings together leaders of arbitral and judicial
institutions from across Asia for two days of presentations and panel discussions.4 In the summer, the law
faculty organizes a weeklong school of international
business and dispute resolution that includes various
lectures on international arbitration and an arbitration
moot. 5 Participants include students, academics,
attorneys, and business leaders.6

4. Benefits of Study in Japan
Perspective students with interest in international
arbitration have many options for study. There are
master’s programs, arbitration academies, online
courses, and various free educational resources. For
those who decide to pursue formal study, Japanese
universities may offer advantages over universities
abroad.
4.1. Cost
The cost of legal education, particularly in the UnitedStates and United Kingdom, may be a barrier to candidates wanting to undertake graduate studies. Tuition
and fees at many Japanese universities is more affordable, and students may find it easier to secure financial assistance to support their studies.
4.2. Convenience
Japanese applicants, in particular, may have professional and personal commitments in Japan. This may makeit difficult to spend the one or two years outside thecountry to complete graduate studies. Domestic programs may be more suitable in these circumstances.
Study in Japan might also be of heightened interest to
candidates from East Asia. Japanese universities arewell regarded in the region, and Japan might seem acloser, appealing alternative to studies far from home.
Graduate programs in Europe and the United States ininternational dispute resolution consistently have highenrollment of students from Asian countries. At Queen
Mary in London, for example, one-third of the incoming students in the graduate program in international
arbitration and dispute resolution tend to come from
Asia. If domestic graduate programs in international
arbitration were better defined and publicized, somecandidates might prefer to study in Japan.
4.3. Employment in Japan
Students who intend to work in Japan after their studies may benefit from studying in Japan. As a practicalmatter, the proximity to potential employers facilitates

4 At the event in 2016, participating institutions included the China International Economic and Trade Arbitration Commission, the Hong Kong International
Arbitration Centre, the International Chamber of Commerce, the Japan Commercial Arbitration Association, the Kuala Lumpur Regional Centre for Arbitration, the Singapore International Arbitration Centre, and the Singapore International Commercial Court.
5 In 2017, the following lectures on international dispute resolution were given: “Competitive Negotiation and Interest-Based Negotiation,” “A Roadmap for
Up-and-Coming Arbitral Institutions,” “Mediation of International Investment Disputes,” “Online Dispute Resolution,” “Effective Dispute Resolution Strategies:
Business and Legal Considerations,” “Recent Developments in International Arbitration in Korea,” “Investment Protection and Political Risk Insurance,” “TheRise of International Arbitration in Asia,” “Sports Law: Disputes and Arbitration,” “Cross-Cultural Perspectives on Effective Advocacy in International Arbitration,” “Comparative Arbitration Procedure,” “International Dispute Resolution and India,” and “Latest Innovations in Dispute Resolution in Singapore.”
6 In 2017, speakers on international dispute resolution included Prof. Yun Zhao of the University of Hong Kong, Prof. Fernando Dias Simões of the Universityof Macau, Mr. Christopher Tahbaz of Debevoise & Plimpton LLP (New York), Prof. Hi-Taek Shin of Seoul National University, Dr. Rishab Gupta of Shardul
Amarchand Mangaldas & Co (Mumbai), Mr. Matthew Secomb of White & Case LLP (Singapore), Prof. Jady Zaidi Hashim of the National University of Malaysia, and Mr. Paul Tan of Rajah & Tann LLP (Singapore) in additional to Kobe University staff.

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networking, meetings, and interviews. Students mightalso be able to arrange part-time work or internships
with local businesses and law firms to complement
their studies. In some instances, the lecturers of theinternational arbitration courses may themselves bearbitration practitioners with an interest in hiring or
promoting promising students.
Japanese employers might also prefer hiring candidates with degrees from leading Japanese universities.
For candidates who have not spent considerable timein Japan but who want to work in the country, a graduate degree from a Japanese university might reassure
employers of the seriousness of their commitment towork and live in Japan.
4.4. Employment abroad
Studying international arbitration in Japan might also
open the doors to employment abroad. Some Japanese universities offer staff and resources to assist students to find jobs overseas. Students may otherwise
look to foreign contacts that they make during theirstudies, including lecturers and classmates, to help
them pursue foreign opportunities.
Kobe University requires each student in the global
master’s program to complete an internship in orderto graduate. The students are encouraged to do theirinternships abroad. The law faculty maintains relationships with foreign law firms and arbitral institutions for this purpose. Through this network, students
have secured employment and paid internships inlaw firms overseas and in foreign international arbitration institutions.
4.5. Expertise
Students may feel more confident beginning or continuing their careers in international arbitration withthe benefit of formal study. While some skills can belearned on the job, there are practical barriers that
can hinder professional growth. In Japan, there are
few law firms with active international arbitration
practices. Among them, only a small number offer
training in international arbitration to junior attorneys. Others may not have a sufficient number orvariety of cases to enable junior attorneys to develop
diverse skills as arbitration counsel.
Most of the courses in international arbitration

offered by Japanese universities aim to provide students with a comprehensive overview of its practice.
In the “international commercial arbitration practice”
course at Kobe University, for example, students act
as counsel in a simulated dispute. They advise clients,
draft memorials, draft witness statements, make document requests, examine witnesses, and plead at ahearing. Practicing lawyers, arbitrators, and valuation
experts give lectures to support the course.
4.6. English language
As international arbitrations are frequently conducted
in English, it follows that international arbitration
courses in Japan are commonly taught in English. This
enables students who are not native speakers to
improve their spoken and written expression in English as well as increase their legal vocabulary.
At Kobe University, most of the international arbitration courses are taught in English by native speakers.
Courses tend to comprise class discussions, case studies, and experiential exercises. Students are expected
to express their opinions and answer questions without advanced preparation. This interactive format provides tremendous opportunity for improvement in English. To further assist the students, the law faculty
employs a former solicitor who teaches legal English
courses and offers informal language assistance.
4.7. Japanese law and language
Prospective students in international arbitration who
are interested in Japanese culture or the Japanese
legal system are natural candidates for study in Japan.
They can benefit from law courses in Japanese, easy
access legal materials in Japanese, and opportunities
for further language study. Students in the global master’s program at Kobe University, for example, cantake some courses in Japanese for credit and audit
others. The university also provides Japanese language training.
5. Alternatives to Study in Japan
The present interest in the education of international
arbitration in Japan is part of a broader global trend.
Graduate programs in international arbitration andinternational dispute resolution are available aroundthe world, particularly in Europe and the UnitedStates. 7 This gives students a variety of options withdiffering advantages and drawbacks.

7 Master’s programs with an international arbitration component are offered, for example, at Columbia Law School; Harvard Law School; London School of
Economics; New York University; Stockholm University; Université Paris 2, Panthéon-Assas; Queen Mary, University of London; and the University ofGeneva. Graduate programs in international dispute resolution in Asia are offered by such universities as thes National University of Singapore, Hong Kong
University, and Tsinghua University.

3For prospective students from Japan, there are goodreasons to consider studying abroad. The experience
may improve a student’s ability in a foreign language,
give them insight into a foreign business culture, andexpand their network of international contacts. Foreign study may also give students greater credibility
when they apply for international jobs or when theywork with international clients.

common among universities offering graduate studies
in international business and dispute resolution.
Some offer students the possibility of obtaining double degrees on an accelerated basis.

Studying abroad may have other professional benefits. After completing a master’s degree in law in the
United States, for example, students may be eligible
to qualify as attorney in some states including New
York. This may increase the scope of their legal practice. It may also make them more attractive toemployers both in Japan and overseas.

The National University of Singapore and the University of Geneva (MIDS), for example, offer a dual master’s program in international arbitration and dispute
resolution. Students who spend two semesters in Singapore and one in Geneva receive LL.M. degrees
from both universities. Similarly, an arrangement
between the Georgetown University Law Center andTsinghua Law School enables graduate students
studying international arbitration to apply credit
earned at one university towards a degree at theother.

It is difficult to generalize about the advantages ofstudying outside of Japan given the disparate motivations and profiles of potential students. All things considered, study in Japan may be most appropriate forthose who have personal or professional connections
to Japan, those who intend to work in Japan, andthose who plan to work with Japanese companies.

Many Japanese universities have exchange programswith foreign law faculties and universities in place.
Collaborations in graduate studies in international
arbitration would provide students the possibility of amore international and diversified academic experience. It might also make study in Japan more attractive to foreign students.

6. Future Developments
The proliferation of master’s programs with international arbitration components has been building fornearly a decade. A journalist who surveyed the programs available in 2012 remarked, “specialized master’s degrees in international arbitration are multiplying at a dizzying rate.”8 Based on the evolution ofsuch programs over time, it is possible to imagine
how the education of international arbitration might
progress in Japan in the years to come.
6.1. Specialization
While a number of Japanese universities offer international arbitration courses, few have dedicated master’s degrees or certificate programs in international
arbitration or international dispute resolution. The
establishment of dedicated degree programs and certifications may attract more students and resources. It
may also open up opportunities for collaboration
with other universities, businesses, and law firms.
6.2. University exchanges
Exchange programs between universities offer students the possibility of studying at different faculties
in different countries. Collaborations are increasingly

6.3. Private partnerships
Some graduate programs in international arbitration aresupported by private law firms and outside institutions.
The University of Miami in the United States, for example, offers a master’s degree in international arbitrationthat is supported by the global law firm White & Case
LLP. From this platform, the law school has expanded
its network of lecturers, added research capacity, andincreased funding for student scholarships.
The International Chamber of Commerce, the International Arbitration Institute, and the Chartered Instituteof Arbitrators have undertaken similar educational
initiatives. They offer trainings and accelerated certification programs to support graduate courses offeredby universities. Partnerships of this sort may improve
university education and increase opportunities forstudents.
Kobe University, for its part, has recently collaborated
with the Centre for Effective Dispute Resolution(“CEDR”)
to provide education and training in internationalcommercial mediation. This included both courses
for academic credit as well as a mediation-accreditation program that was open to participants outside
the university community.

8 Sebastian Perry, “Mastering the Trade,” Global Arbitration Review, 26 November 2012.

46.4. Scholarship
At a number of universities, international arbitration
is increasingly regarded as a subject of academic
rather than purely practical interest. There are now
university research centers dedicated to international
arbitration,9 financial grants earmarked for international arbitration scholarship, 10 and courses that
explore the relationship between arbitration andother disciples including global governance, humanrights, and international economic law.
In this connection, Kobe University began offering a
Ph.D. degree in international arbitration in 2016. The
program is supported by seminars taught in English
by professors and a lawyer practicing international
arbitration in Tokyo. It aims to give legal professionals
a holistic understanding of international arbitration,
including theoretical aspects of the subject, andincrease graduates’ capacity for legal scholarship.
6.5. Progressive instruction
Courses in international arbitration can be improvedby integrating outside resources. There is wealth of
support available to teachers and students ranging
from online trainings to free “massive open online
courses” that cover international arbitration concepts.11
These resources could be used to better effect andmight even plan a central role in basic instruction,
freeing up classes to explore the material more deeply.
The law faculty at Kobe University uses online
resources, technology, and interactive teaching ininternational arbitration instruction. In a class on
arbitral practice, for example, students advise clientsand plead before an arbitral tribunal in simulated
exercises. These exercises are video recorded, and theprofessor and students meet individually to review
the videos and evaluate student performances. The
course also uses training videos published by arbitralinstitutions to support classroom instruction.

Technology is also being used to make classes moreaccessible to students and the public. Courses ininvestment arbitration, commercial arbitration, andinternational arbitration theory have been taught topostgraduate students from Tokyo and Kobe simultaneously through videoconferencing. Some events,
including summer schools lectures, are video recorded
and published online with open access to the public.
6.6. Flexible study options
In recent years, graduate programs in international
arbitration have become more flexible in order toaccommodate a wider range of students. The London
School of Economics, for example, offers an Executive LL.M. with instruction in one-week modules. Students can join the programs at any time during thecourse of the year. Hong Kong University offers parttime study of its master’s degree in arbitration anddispute resolution. Classes are offered on weeknights,
and the program can be completed in one or two
years. Queen Mary offers a diploma in international
dispute resolution with all courses taught online.
The trend to make study more flexible has alreadytaken root in Japan and is likely to continue. The
Kobe University Ph.D. program in international arbitration, for example, is tailored to working professionals. Courses are taught on weekends, and students
can join seminars from either Kobe or Tokyo.
7. Conclusion
Interest in international arbitration among students
and attorneys in Japan seems to be expanding, andJapanese companies increasingly turn to arbitration toresolve their international disputes. A number of universities in Japan offer courses in international arbitration and international dispute resolution. They may
better address the growing demand through strategic
collaborations, specialized programs, and flexible
instruction that accommodates working students.

9 For example, there are research centers focusing on international arbitration at Columbia University, the University of Miami, Queen Mary, McGill, and theLondon School of Economics.
10 For example, Georgetown University and the University of Miami offer dedicated scholarships.
11 The international Chamber of Commerce offers arbitration training online for purchase. Popular online platforms for free courses include edx, Coursera, andFuture Learn.

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