The enactment of the Special Measures Law Concerning Legal Practice by Foreign Attorneys ("Foreign Attorneys Law") in 1987 created a class of attorneys qualified to practice specified foreign laws in Japan. Originally, the qualification system was founded upon the principle of reciprocity, with a view toward improving the availability in Japan of legal services in international legal matters.

Currently, professionals engaged in the practice of law in foreign countries, who are equivalent to attorneys in Japan, and who have practiced such foreign law for at least 3 years, including at least 2 years in their home jurisdiction (or another jurisdiction where they were legally entitled to practice such foreign law), are eligible to become qualified foreign law attorneys (gaikokuho jimu bengoshi) or "GJBs" as they are popularly known. Such persons may be granted a license to practice such foreign law in Japan. In order to become a qualified foreign law attorney, a foreign practitioner must first be approved by the Minister of Justice, who will solicit the views of Nichibenren and the local bar association to which the foreign law attorney will belong, after which the applicant's name must be registered on the roll of foreign law attorneys maintained by Nichibenren. Qualified foreign law attorneys are subject to disciplinary action by Nichibenren. As of December 2005, there were 36 foreign law attorneys registered as special members of Toben.

The Foreign Attorneys Law has undergone a series of major amendments since it was first enacted in 1987. The first of these amendments, enacted in 1994, was in response to and based upon commitments undertaken by Japan, as part of the GATS agreement. Pursuant to this amendment, certain requirements for registration as a GJB were relaxed (the current requirements are noted above) and, importantly, Japanese attorneys and GJBs were permitted to form joint ventures with some limitations. In addition, the reciprocity requirement was eliminated.

In furtherance of the above liberalization, in 1996 GJBs were also permitted to appear in a representational capacity in international commercial arbitrations to be conducted in Japan.

However, by far the most sweeping of the changes to the Foreign Attorneys Law were enacted in 2003. These changes enabled Japanese attorneys and GJBs to form direct partnerships and GJBs to employ Japanese attorneys. The changes came into effect on April 1, 2005.

Toben's International Committee ("Committee" oversees matters relating to qualified foreign law attorneys, including the processing of applications and discipline. The Committee boasts several GJBs as members and is actively engaged in forging closer links between foreign law attorneys and Japanese attorneys based in Tokyo.

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