... than the civil law.1 Japan has a civil law system based on the model of Roman law. A common law equity clause in an arbitration agreement "purports expressly to dispense the arbitrator from applying the law either wholly or in part."2 In civil law, these are called amiable compositeur clauses. While strict equity clauses are suspect in England,3 amiable compositeur clauses are generally permitted in civil law jurisdictions and are found in civilian codes.4 Exporters have to comply with the export laws of their own country and the import laws of the target market. In addition, they must also abide by whatever international laws apply to their transactions, as well as any other domestic laws that reach out from home to affect their activities overseas (e.g. antitrust, foreign corrupt practices). Currently in Japan, the most relevant commercial arbitration institution is the Japan Commercial Arbitration Association(JCAA), Inc. (Kokusai Shoji Chusai Kyokai). 5 The ...

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