Japanese Private International Law (Studies in Private International Law - Asia)

This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust) and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law) and enforcement. They also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible, identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject. Volume 5 in the series Studies in Private International Law – Asia Foreword Contents List of Abbreviations Table of Cases Table of Primary Japanese PIL Legal Sources 1. Introduction I. The Subject Matter of Japanese Private International Law II. Sources of Private International Law III. History of Private International Law in Japan IV. Preliminary Matters V. Connecting Factors VI. Substance and Procedure VII. Proof, Ascertainment and Application of Foreign Law VIII. Mandatory Rules, ordre public, Escape Clause and Evasion of Law 2. Jurisdiction I. General Principles II. Civil and Commercial Matters III. Status and Family Matters IV. Other Matters V. Immunities from Jurisdiction 3. Choice of Law I. Persons II. Law of Obligations III. Law of Property IV. Intellectual Property V. Family and Succession Law VI. Insolvency Law VII. Competition Law 4. Table of Primary Japanese PIL Legal Sources I. Recognition II. Enforcement of Judgments III. Recognition of Foreign Insolvency Proceedings 5. Arbitration and Mediation I. International Commercial Arbitration II. Investment Treaty Arbitration III. Mediation 6. The Harmonisation of Private International Law I. Japan's Role in the Work of the HCCH, UNCITRAL, UNIDROIT and Other Organisations II. The Future of Private International Law Selected Bibliography Glossary of Basic Technical Terms Index "This is the leading reference on Japanese private international law in English. The chapters systematically cover the whole of Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters do not merely cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques and perspectives, providing readers worldwide with a more profound and comprehensive understanding of the subject."-- Provided by publisher "This book examines Japanese private international law, not just questions likely to arise in commercial matters, but also in family, succession, cross-border insolvency, intellectual property, competition (antitrust), and environmental disputes. The chapters cover the traditional conflict of law areas of jurisdiction, applicable law (choice of law), and enforcement. The chapters also look into conflict of law questions arising in arbitration and assess Japanese involvement in the global harmonisation of private international law. In addition to summarising relevant principles and scholarly views, the authors discuss case law whenever possible and identify deficiencies and anticipate difficulties in the existing law. The book thus presents the Japanese conflict of laws through a combination of common and civil law analytical techniques"-- Provided by the publisher