Adjust Font Size: A A       Guest settings   Register

Arbitration Filing?

Discussion in the Open Talk forum
Arbitration Filing?
I'm doing some research for a University professor for a paper comparing the litigation cultures of Japan and America. We are looking at the arbitration systems in each country's pro baseball leagues. We are trying to discover whether it is the Japanese culture or the systems that make Japanese people less litigious.

Does anyone know of any Japanese players playing in the MLB that have filed for arbitration? Or any Americans playing in Japan that have filed for arbitration? I have only found that there are a few Japanese players that are approaching eligibility.

If anyone has any information specifically or some places that I could look, it would be very much appreciated.

Thank-you.
Comments
Re: Arbitration Filing?
[ Author: westbaystars | Posted: Nov 22, 2005 8:45 AM | YBS Fan ]

This looks like a repost of this thread.

I don't understand what you mean by "I have only found that there are a few Japanese players that are approaching eligibility." Players in Japan don't qualify for arbitration, they qualify for free agency. Players who want to move to the Majors before they qualify for free agency need the permission of the team to be posted through the posting system (there's lots of information around her on that). If the ball club says "no," it's not going to happen. There is no negotiating (arbitrating) the matter.

There are some fundimental differences in the way contract negotiations are done between NPB and MLB. For the most part, players sit down one on one with a ball club representative and they decide on the following year's contract. It's only been in the last couple of years that a player may have an agent represent him in negotiation talks, but only with the ball club's concent, and the ball club has the right to require that the player be present at all talks. Agents must be registered with the equivelent of the Japanese version of the Bar Association, and any given agent may only represent one player. There are some other restrictions as well, making being a player representative not a very lucrative job for the domestic market.

Dan Nomura, Nomo's agent, found a loop hole in the Japanese system and got Nomo to North America without arbitration being an issue. That loop hole was closed. Irabu had a case that would have been a good one for arbitrations, but he used the "make enough noise to get released" technique to sign with the Yankees, also avoiding the arbitration route. That loop hole was also closed (with the Posting System).

Currently, Hanshin's Igawa and the Giants' Uehara would make good cases for arbitration, but I seriously doubt that it'll happen. Whining like Irabu did in order to get posted appears to be Igawa's M.O. And Uehara keeps sending an agent to talk with the Giants, and the Giants refuse to talk with an agent, creating a stale mate that Uehara will most likely eventually cave in to. (To show you how much the Giants dislike the idea of an agent negotiating, they refused to acknoledge Uehara's agent as an agent - they called him an "advisor" - last year. Furthermore, when Iriki introduced an agent a couple years ago, the Giants immediately traded him to Hokkaido.)

There is another option that players can take. In fact, Yokohama's Robert Rose took it when his agent insulted Yokohama's front office to the point that they wouldn't talk to him any more. That option is to sit out a year. The ball club holds onto the negotiation rights for a year (taking a spot on the 75 man protected roster for both top and farm teams), and if a contract is not reached 1 year after the previous contract expired, the player is essentially free to sign with whomever he chooses. No arbitration - just waiting the other side out. Irabu also threatened to go down this path.

Foreign player in Japan have a different set of rules that they and their agents have to follow. More give and take is possible there.

Finally, there are many aspects of baseball that reflect Japanese society. But finding a link between arbitration in baseball (which is extreamly rare - I've heard of instances, but long ago and I don't remember any of the details) and litigation in society is going to be very difficult.
Re: Arbitration Filing?
[ Author: Guest: Kristopher | Posted: Nov 22, 2005 10:41 AM ]

Thanks for the information. I am sorry for the confusion. I have only found a few Japanese players now playing in the MLB that are close to arbitration eligibility with their respective MLB teams. However, I have found none that have exercised this option.

Also, does anyone know if, when a Japanese ball player moves to the MLB, the player retains the same agent they had in Japan or if they switch to an American agent? I had read that a Japanese agent must be a member of the Japanese bar (a litigator). It would seem then that the number of pro-sport agents in Japan would be very limited as only 5-8 are actually called to the Japanese version of the bar every year. Does this mean, then, that most players are self represented in Japan?

Thanks!
Re: Arbitration Filing?
[ Author: Guest: John Brooks | Posted: Nov 23, 2005 2:14 AM ]

- I have only found a few Japanese players now playing in the MLB that are close to arbitration eligibility with their respective MLB teams.

Japanese players aren't held to the normal length of arbitration of normal major league players.

- Also, does anyone know if, when a Japanese ball player moves to the MLB, the player retains the same agent they had in Japan or if they switch to an American agent?

There really is no such thing as agents in Japan, as teams don't negotiate with them. So when Japanese players move to the U.S., like Ichiro, Hideki, Iguchi, etc., they usually hire an agent to represent them, though that is their first agent.

- I had read that a Japanese agent must be a member of the Japanese bar (a litigator).

That is indeed true, they must be a member of a Japanese bar, a litigator.

- Does this mean, then, that most players are self represented in Japan?

The player and the team negotiate the contract, without an agent.
Re: Arbitration Filing?
[ Author: Guest: Kris | Posted: Nov 23, 2005 11:45 PM ]

- The player and the team negotiate the contract, without an agent.

If this is the case, then why would a Japanese baseball player ever get an agent? For endorsement deals, etc.? Why would a team consent to the use of an agent in negotiations? Only if they feel it will speed up the process?

- Japanese players aren't held to the normal length of arbitration of normal major league players.

Does this mean that Japanese MLB players have a reduced wait time before they become eligible to file for arbitration?

Thanks.
Re: Arbitration Filing?
[ Author: Guest: John Brooks | Posted: Nov 24, 2005 11:27 AM ]

- If this is the case, then why would a Japanese baseball player ever get an agent? For endorsement deals, etc.? Why would a team consent to the use of an agent in negotiations? Only if they feel it will speed up the process?

I guess a Japanese player would get an agent because they would (1) think it would be better for the player itself and (2) to negotiate a better contract for the player. Though I'm not really certain as for why a Japanese player wants an agent if NPB teams are so opposed to them.

As for endorsements, most are done through the teams or companies in Japan.

Most teams don't negotiate with agents at all. The Giants' ace pitcher Koji Uehara continues to send an agent to talk with the Giants, and the Giants continue to refuse to talk to any agent.

The NPB is indeed very old-fashioned. There might be a change, if the JBPBA pushes for it, though on the other side is Giants' executive director [former owner] Tsuneo Watanabe who will be waiting to fight that.

Like westbaystars said above, the player can sit out the season, but the team will own the rights to the player for that whole year.

- Does this mean that Japanese MLB players have a reduced wait time before they become eligible to file for arbitration?

A player with 3 or more years of service, but less than 6 years of service is eligible for arbitration [MLB Basic Agreement - PDF file]. No Japanese MLB player to date that I can remember has gone to salary arbitration. I wish I could be of more help on that subject.
Re: Arbitration Filing?
[ Author: Guest: Kristopher Nielsen | Posted: Dec 1, 2005 1:38 AM ]

- As for endorsements, most are done through the teams or companies in Japan.

Most teams in Japan (if not all) are owned by companies. So do teams restrict player endorsements to those deals set up by the teams? Or are players free, with the help of agents, to make their own personal endorsement deals? If a team is allowed to just turn an agent away, then I really do not see the advantage. If a team turns an agent away, can the player then on his own go and speak to the team? If so, I would think that the player would have even less power in a negotiation.

It seems that players in Japan are required to play a role in the company, rather than as baseball players. Is this how Japanese ball players are preceived in Japanese society? Or do they have a status similar to MLB players in the States?

I have also read a few articles that seem to say that companies do not allow "contract squabbles." However, it appears that players in Japan do get annoyed with their contracts, but have no recourse other than to sit out the year. And even after that, there does not appear to be any assurance that the player will get what they want.

Thanks for all your help.
About

This is a site about Pro Yakyu (Japanese Baseball), not about who the next player to go over to MLB is. It's a community of Pro Yakyu fans who have come together to share their knowledge and opinions with the world. It's a place to follow teams and individuals playing baseball in Japan (and Asia), and to learn about Japanese (and Asian) culture through baseball.

It is my sincere hope that once you learn a bit about what we're about here that you will join the community of contributors.

Michael Westbay
(aka westbaystars)
Founder

Search for Pro Yakyu news and information
Copyright (c) 1995-2024 JapaneseBaseball.com.
This work is licensed under a Creative Commons License.
Some rights reserved.