Commercial Dispute Processing and Japan
Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This groundbreaking study explores a range of possible approaches, both within the established legal infrastructure, and through alternative, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation.
The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example--a model for a more comprehensive approach to disputes as an integrated multi-layered system.
The book will be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical cooperation.
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The Theory of Disputes
Early Forms of Civil Dispute Resolution
Meiji Modernization of Civil Dispute Processing
Reorganization of Civil Procedure
Suppression of Dispute Processing Before and During the War
Postwar Dispute Processing and Rapid Economic Growth
Industrial Policy and Dispute Processing by the Bureaucracy
Implications of the 1998 Civil Procedure Reform
The Development of Arbitration
The Development of MediationConciliation
Conclusion The Japanese Model in a Global Context
B Laws of Japan
E Procedural Rules of the Arbitration Center for Industrial
List of Cases and Statutes
UNCITRAL Model Law the 1996 English Arbitration Act
According adjudication application apply mutatis mutandis appointed arbitral award Arbitration Act 1996 arbitration agreement arbitration centres arbitration law arbitration procedure arbitration proceedings Arbitrator/Mediator Bakufu Bar Associations bengoshi Bengoshi Law Benrishi Chapter civil justice Civil Procedure Code of Civil commercial dispute processing Committee common law concerning conciliation conciliation-in-court conflict of laws Confucian culture daimyo decision dispute resolution Draft Law economic enacted enforcement examination Federation of Bar fees Gaikokuhojimu-Bengoshi global gokenin hearing Ibid international arbitration International Commercial Arbitration Japan Federation JCAA judge judgment judicial judiciary jurisdiction kankai legal aid legal business legislation lex mercatoria litigation mediation procedure mediation/conciliation Meiji Meiji Restoration Minji Model Law modern natural justice natural justice issues party autonomy person practice preceding paragraph principle provisions of Article reform registration relationship request ritsuryo rule of law Section setded setdement settlement society supra Supreme Court Taniguchi Tokugawa Tokyo UNCITRAL York Convention