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Japanese Private International Law

By: Kazuaki Nishioka, Yuko Nishitani
Media of Japanese Private International Law
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Published: 26-08-2021
Format: Hardback
Edition: 1st
Extent: 320
ISBN: 9781509924295
Imprint: Hart Publishing
Series: Studies in Private International Law - Asia
Dimensions: 244 x 169 mm
RRP : £140.00

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About Japanese Private International Law

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. Introduction
1. The Subject Matter of Private International Law
2. Sources of Private International Law
3. History of Private International Law in Japan
4. Preliminary Matters
5. Connecting Factors
6. Substance and Procedure
7. Proof, Ascertainment and Application of Foreign Law
8. Taking Evidence Abroad or in Japan
9. Mandatory Rules, Ordre Public, Escape Clauses and Evasion of Law

2. Jurisdiction
1. General Principles
2. Civil and Commercial Matters
3. Status and Family Matters
4. Other Matters
5. Immunities from Jurisdiction

3. Choice of Law
1. Persons
2. Law of Obligations
3. Law of Property
4. Intellectual Property
5. Family Law
6. Insolvency Law
7. Competition Law

4. Recognition and Enforcement of Foreign Judgments
1. Recognition
2. Enforcement of Judgments
3. Recognition of Foreign Insolvency Proceedings

5. Arbitration and Mediation
1. International Commercial Arbitration
2. Investment Arbitration
3. Mediation

6. The Harmonisation of Private International Law
1. Japan's Role in the Work of the Hague Conference, UNCITRAL, UNIDROIT and Other Organisations
2. The Future of Private International Law

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