Japanese 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.

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