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.
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. Recognition and Enforcement of Foreign Judgments 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
Kazuaki Nishioka is Visiting Research Fellow at the Law Faculty of the University of Zurich, Switzerland. Yuko Nishitani is Professor of International Private and Business Law at Kyoto University Graduate School of Law, Japan.
Reviews for Japanese Private International Law
This book is an indispensable tool and combines most valuable information with most thorough analysis. The text is precisely structured which helps a lot to find one's way directly to the issue in question. -- Matthias Weller * Conflictoflaws.net *
