Commercial Dispute Processing and Japan

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Kluwer Law International, Jan 1, 2001 - Law - 435 pages
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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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Contents

The Theory of Disputes
11
Early Forms of Civil Dispute Resolution
37
Meiji Modernization of Civil Dispute Processing
65
Reorganization of Civil Procedure
83
Suppression of Dispute Processing Before and During the War
89
Postwar Dispute Processing and Rapid Economic Growth
95
Industrial Policy and Dispute Processing by the Bureaucracy
102
Implications of the 1998 Civil Procedure Reform
131
The Development of Arbitration
235
The Development of MediationConciliation
279
Conclusion The Japanese Model in a Global Context
325
Appendices
341
B Laws of Japan
347
E Procedural Rules of the Arbitration Center for Industrial
399
Bibliography
413
List of Cases and Statutes
429

UNCITRAL Model Law the 1996 English Arbitration Act
187

Common terms and phrases

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