Japanese Private International Law

Description

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. 

Table of Contents

1. IntroductionI. The Subject Matter of Japanese Private International LawII. Sources of Private International LawIII. History of Private International Law in JapanIV. Preliminary MattersV. Connecting FactorsVI. Substance and ProcedureVII. Proof, Ascertainment and Application of Foreign LawVIII. Mandatory Rules, ordre public, Escape Clause and Evasion of Law2. JurisdictionI. General PrinciplesII. Civil and Commercial MattersIII. Status and Family MattersIV. Other MattersV. Immunities from Jurisdiction3. Choice of LawI. PersonsII. Law of ObligationsIII. Law of PropertyIV. Intellectual PropertyV. Family and Succession LawVI. Insolvency LawVII. Competition Law4. Recognition and Enforcement of Foreign JudgmentsI. RecognitionII. Enforcement of JudgmentsIII. Recognition of Foreign Insolvency Proceedings5. Arbitration and MediationI. International Commercial ArbitrationII. Investment Treaty ArbitrationIII. Mediation6. The Harmonisation of Private International LawI. Japan’s Role in the Work of the HCCH, UNCITRAL, UNIDROIT and Other OrganisationsII. The Future of Private International Law