Commercial Dispute Processing And Japan

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Commercial Dispute Processing and Japan

Author : Yasunobu Sato
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041116680
Total Pages : 458 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis Commercial Dispute Processing and Japan by : Yasunobu Sato

Download or read book Commercial Dispute Processing and Japan written by Yasunobu Sato and published by Kluwer Law International B.V.. This book was released on 2001-08-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: 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.

Law in Japan

Author : Arthur Taylor Von Mehren
Publisher :
ISBN 13 : 9780674593312
Total Pages : 742 pages
Book Rating : 4.5/5 (933 download)

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Book Synopsis Law in Japan by : Arthur Taylor Von Mehren

Download or read book Law in Japan written by Arthur Taylor Von Mehren and published by . This book was released on 2013-10-01 with total page 742 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Davis Dispute Resolution Japan

Author : Joseph Davis
Publisher : Springer
ISBN 13 :
Total Pages : 588 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Davis Dispute Resolution Japan by : Joseph Davis

Download or read book Davis Dispute Resolution Japan written by Joseph Davis and published by Springer. This book was released on 1996-09-15 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices and patterns of behaviour considered the norm in the process of dispute resolution in Japan may seem very strange to lawyers from other countries. This book describes the Japanese process of resolving disputes through third parties to lawyers and business executives faced with the prospect of litigation or arbitration. The authors, experienced practitioners themselves, present a clear description of numerous components and facets To The dispute resolution process, including: the Japanese legal system and its advantages and disadvantages the role of the judiciary and practising lawyers in Japan the attitude of the Japanese toward litigation the actual process the cost of litigation potential pitfalls For The practitioner alternative courses of action practical suggestions on when to be involved in a litigation in Japan how to manage a case from outside Japan Dispute Resolution in Japan is an invaluable resource for anyone involved in or contemplating doing business in Japan. Any such business people may find themselves plaintiffs or defendants in a legal proceeding involving a civil matter in a Japanese court. This book serves as essential, conscientious preparation for that potentiality.

Cultural Aspects of Trade Dispute Resolution in Japan and China

Author : Michael Wade Donnelly
Publisher :
ISBN 13 :
Total Pages : 50 pages
Book Rating : 4.3/5 (91 download)

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Book Synopsis Cultural Aspects of Trade Dispute Resolution in Japan and China by : Michael Wade Donnelly

Download or read book Cultural Aspects of Trade Dispute Resolution in Japan and China written by Michael Wade Donnelly and published by . This book was released on 1996 with total page 50 pages. Available in PDF, EPUB and Kindle. Book excerpt: From the Executive Summary: While barriers to trade and investment across national borders have come down with the integration and the liberalization of world markets, governments and most companies retain distinct national identities. The potential for disputes, in which the parties hold differing cultural preferences, modes of social behaviour and views on what is "just" and "fair", has not diminshed....This report looks at a number of commercial disputes in Japan and China between the governments of those countries and a foreign government, namely the US; between those governments and foreign private-sector groups; and between private parties from those countries and foreign partners.

International Commercial and Investor-State Arbitration

Author : Luke Nottage
Publisher : Edward Elgar Publishing
ISBN 13 : 1800880820
Total Pages : 424 pages
Book Rating : 4.8/5 (8 download)

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Book Synopsis International Commercial and Investor-State Arbitration by : Luke Nottage

Download or read book International Commercial and Investor-State Arbitration written by Luke Nottage and published by Edward Elgar Publishing. This book was released on 2021-02-26 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: This thought-provoking book combines analysis of international commercial and investment treaty arbitration in order to examine how they have been framed by the twin tensions of ‘in/formalisation’ and ‘glocalisation’. Taking a comparative approach, the book focuses on Australia and Japan in their attempts to become regional hubs for international arbitration and dispute resolution services in the increasingly influential Asia-Pacific context as well as a global context.

International Commercial Dispute Resolution

Author : Jonathan Warne
Publisher : Bloomsbury Professional
ISBN 13 : 9781847661340
Total Pages : 0 pages
Book Rating : 4.6/5 (613 download)

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Book Synopsis International Commercial Dispute Resolution by : Jonathan Warne

Download or read book International Commercial Dispute Resolution written by Jonathan Warne and published by Bloomsbury Professional. This book was released on 2009 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt: The world of dispute resolution made clear International Commercial Dispute Resolution is a new title that reflects the way in which the litigation arena has changed over recent years. Cross-border business relationships and the present economic climate have markedly increased the potential for commercial disputes to arise between parties in different jurisdictions, and clients are increasingly looking for the most time and cost effective way of resolving disputes. Expert advice from leading practitioners in 24 jurisdictions With contributions from leading practitioners, this practical book looks at dispute resolution in 24 jurisdictions that represent the world s major international trade centres and developing legal systems. User-friendly and practical structure Each chapter is devoted to a different jurisdiction and follows the same structure. It provides a practical summary of the relevant legal systems and offers an insight into the manner in which each jurisdiction seeks to resolve commercial disputes, both through traditional court proceedings and alternative dispute resolution techniques Written by leading local practitioners, each chapter opens with a round-up of the key issues that you will need to consider when dealing with this country, and includes flowcharts summarising the procedural stages of litigation This book is an essential addition to the bookshelf of every international litigator 5 key reasons why you need this book * Covers 24 key jurisdictions throughout the world * Provides an authoritative overview from leading local practitioners * Includes flow charts summarising the procedural stages of litigation * Highlights the key issues that must be considered when dealing with each jurisdiction * Covers traditional court proceedings and alternative dispute resolution techniques 24 jurisdictions covered- Australia; Bermuda; Brazil; Canada; Cayman Islands; China; Czech Republic; England & Wales; France; Germany; Guernsey; Hong Kong; India; Japan; Je

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Author : Shahla Ali
Publisher : Kluwer Law International B.V.
ISBN 13 : 940352863X
Total Pages : 313 pages
Book Rating : 4.4/5 (35 download)

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Book Synopsis New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution by : Shahla Ali

Download or read book New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution written by Shahla Ali and published by Kluwer Law International B.V.. This book was released on 2020-12-10 with total page 313 pages. Available in PDF, EPUB and Kindle. Book excerpt: International Arbitration Law Library Volume 59 The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives such as international commercial courts and mediation. Focusing on these initiatives and their accompanying case law and trends in the Asia-Pacific region, this invaluable book challenges existing procedures and frameworks for cross-border dispute resolution in both commercial and treaty arbitration. Specially assembled for this project, an outstanding team of experienced and insightful arbitrators and scholars describes pertinent developments including: ICA and ISDS in the context of China’s Belt and Road Initiative; the Singapore Convention on Mediation; the shift to virtual hearings and other challenges from the COVID-19 pandemic; mistrust of the application of the rule of law in certain East Asian jurisdictions; growing public concern over ISDS arbitration; tensions between confidentiality and transparency; and potential regional harmonisation of the public policy exception to arbitral enforcement. The contributors chart evolving practices and high-profile cases to make informed observations about where changes are needed, as well as educated guesses about the chances of reforms being successful and the consequences if they are not. The main jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore. The first in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will be enabled to make informed decisions on which venue and dispute resolution methods are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

United States/Japan Commercial Law & Trade

Author : Valerie Kusuda-Smick
Publisher :
ISBN 13 :
Total Pages : 848 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis United States/Japan Commercial Law & Trade by : Valerie Kusuda-Smick

Download or read book United States/Japan Commercial Law & Trade written by Valerie Kusuda-Smick and published by . This book was released on 1990 with total page 848 pages. Available in PDF, EPUB and Kindle. Book excerpt:

Multi-Tier Approaches to the Resolution of International Disputes

Author : Anselmo Reyes
Publisher : Cambridge University Press
ISBN 13 : 1108846513
Total Pages : 545 pages
Book Rating : 4.1/5 (88 download)

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Book Synopsis Multi-Tier Approaches to the Resolution of International Disputes by : Anselmo Reyes

Download or read book Multi-Tier Approaches to the Resolution of International Disputes written by Anselmo Reyes and published by Cambridge University Press. This book was released on 2021-12-16 with total page 545 pages. Available in PDF, EPUB and Kindle. Book excerpt: Multi-tier dispute resolution (MDR) entails an early attempt at mediation followed by arbitration or litigation if mediation is unsuccessful. Seemingly, everyone acknowledges MDR's attractiveness as a means of resolving disputes due to its combination of the flexibility and informality of mediation with the rigour and formality of arbitration or litigation. Yet, the question is why, except in China and some Asian jurisdictions, MDR is not resorted to around the world and MDR clauses in commercial contracts remain relatively uncommon. This book responds to that question by (1) surveying global regulatory approaches frameworks for MDR, (2) comparing MDR trends in Asia and the wider world, (3) identifying MDR's strengths and weaknesses, and (4) prescribing ways to address MDR's weaknesses (the enforceability of MDR clauses, the difficulties arising when the same person acts as mediator and decision-maker in the same dispute, and the enforcement of mediated settlement agreements resulting from MDR).

Globalization and Local Adaptation in International Trade Law

Author : Pitman B. Potter
Publisher : UBC Press
ISBN 13 : 0774819065
Total Pages : 320 pages
Book Rating : 4.7/5 (748 download)

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Book Synopsis Globalization and Local Adaptation in International Trade Law by : Pitman B. Potter

Download or read book Globalization and Local Adaptation in International Trade Law written by Pitman B. Potter and published by UBC Press. This book was released on 2011-03-07 with total page 320 pages. Available in PDF, EPUB and Kindle. Book excerpt: The trade principles of Western liberal democracies are at the core of international trade law regimes and standards. Are non-Western societies adopting international standards, or are they adapting them to local norms and cultural values? This volume employs the paradigm of selective adaptation to explain the reception of international trade law in the Pacific Rim. Drawing on examples from China, Japan, Thailand, and North America, the contributors show that formal acceptance of international trade standards does not necessarily translate into uniform enforcement and acceptance at the local level. They offer compelling evidence that non-uniform compliance will be a legitimate outcome of the globalization of international trade law.

Japanese Business Law

Author : Gerald Paul McAlinn
Publisher :
ISBN 13 :
Total Pages : 780 pages
Book Rating : 4.F/5 ( download)

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Book Synopsis Japanese Business Law by : Gerald Paul McAlinn

Download or read book Japanese Business Law written by Gerald Paul McAlinn and published by . This book was released on 2007 with total page 780 pages. Available in PDF, EPUB and Kindle. Book excerpt: Since the and‘lost decadeand’ of the nineties, the progress of Japanese administrative and economic reform has been intense. Although some early critics characterized the reforms as and‘window dressing, and’ it is becoming clearer that systemic reform has taken hold and the new Japanese economy is picking up. This deeply knowledgeable book provides a penetrating analysis and expert evaluation of matters of crucial concern to business lawyers including corporate governance, contract law, business liabilities, intellectual property, media, employment, taxation, investment, the legal profession, the judiciary, and much more as they are developing and intersecting in Japan today. In the course of the detailed presentation, the contributors touch on such details of interest to those doing business in Japan as the following: status of foreign lawyers; mergers and acquisitions and leveraged buyouts; grounds for terminating contracts; real estate transactions; antimonopoly law and licensing guidelines; IT and e-commerce law; managing, disciplining, and terminating employees; occupational safety and health; labor union law; corporation income taxation; government programs offering low cost finance; consumer protection laws; and litigation and alternative dispute resolution. One of the most valuable benefits of the contributors' approach is the keen insight offered into the tatemae (outward appearance) well known to frustrate and mislead foreigners in almost any dealings with the Japanese.

Combining Mediation and Arbitration in International Commercial Dispute Resolution

Author : Dilyara Nigmatullina
Publisher : Routledge
ISBN 13 : 1351068628
Total Pages : 279 pages
Book Rating : 4.3/5 (51 download)

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Book Synopsis Combining Mediation and Arbitration in International Commercial Dispute Resolution by : Dilyara Nigmatullina

Download or read book Combining Mediation and Arbitration in International Commercial Dispute Resolution written by Dilyara Nigmatullina and published by Routledge. This book was released on 2018-06-28 with total page 279 pages. Available in PDF, EPUB and Kindle. Book excerpt: Securing fast, inexpensive, and enforceable redress is vital for the development of international commerce. In a changing international commercial dispute resolution landscape, the combined use of mediation and arbitration has emerged as a dispute resolution approach which offers these benefits. However, to date there has been little agreement on several aspects of the combined use of processes, which the literature often explains by reference to the practitioner’s legal culture, and there is debate as to how appropriate it is for the same neutral to conduct both mediation and arbitration. Identifying the main ways of addressing concerns associated with the same neutral conducting both mediation and arbitration (same neutral (arb)-med-arb), this book examines how effectively these methods achieve the goal of fast, inexpensive, and enforceable dispute resolution, evaluating to what extent the perception and use of the same neutral (arb)-med-arb depends on the practitioner’s legal culture, arguing that this is not a ‘one-size-fits-all’ process. Presenting an empirical study of the combined use of mediation and arbitration in international commercial dispute resolution, this book synthesises existing ways of addressing concerns associated with the same neutral (arb)-med-arb to provide recommendations on how to enhance the use of combinations in the future.

Law in Japan

Author : Harvard Law School
Publisher : Cambridge, Mass., Harvard University Press
ISBN 13 :
Total Pages : 752 pages
Book Rating : 4.:/5 (44 download)

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Book Synopsis Law in Japan by : Harvard Law School

Download or read book Law in Japan written by Harvard Law School and published by Cambridge, Mass., Harvard University Press. This book was released on 1963 with total page 752 pages. Available in PDF, EPUB and Kindle. Book excerpt:

New Courts in Asia

Author : Andrew Harding
Publisher : Routledge
ISBN 13 : 1135182728
Total Pages : 444 pages
Book Rating : 4.1/5 (351 download)

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Book Synopsis New Courts in Asia by : Andrew Harding

Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 444 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.

Law in Japan

Author : Daniel H. Foote
Publisher : University of Washington Press
ISBN 13 : 0295801352
Total Pages : 704 pages
Book Rating : 4.2/5 (958 download)

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Book Synopsis Law in Japan by : Daniel H. Foote

Download or read book Law in Japan written by Daniel H. Foote and published by University of Washington Press. This book was released on 2011-10-17 with total page 704 pages. Available in PDF, EPUB and Kindle. Book excerpt: This volume explores major developments in Japanese law over the latter half of the twentieth century and looks ahead to the future. Modeled on the classic work Law in Japan: The Legal Order in a Changing Society (1963), edited by Arthur Taylor von Mehren, it features the work of thirty-five leading legal experts on most of the major fields of Japanese law, with special attention to the increasingly important areas of environmental law, health law, intellectual property, and insolvency. The contributors adopt a variety of theoretical approaches, including legal, economic, historical, and socio-legal. As Law and Japan: A Turning Point is the only volume to take inventory of the key areas of Japanese law and their development since the 1960s, it will be an important reference tool and starting point for research on the Japanese legal system. Topics addressed include the legal system (with chapters on legal history, the legal profession, the judiciary, the legislative and political process, and legal education); the individual and the state (with chapters on constitutional law, administrative law, criminal justice, environmental law, and health law); and the economy (with chapters on corporate law, contracts, labor and employment law, antimonopoly law, intellectual property, taxation, and insolvency). Japanese law is in the midst of a watershed period. This book captures the major trends by presenting views on important changes in the field and identifying catalysts for change in the twenty-first century.

Foreign Enterprise in Japan: Laws and Policies

Author : Dan Fenno Henderson
Publisher : Chapel Hill : University of North Carolina Press
ISBN 13 :
Total Pages : 600 pages
Book Rating : 4.:/5 (45 download)

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Book Synopsis Foreign Enterprise in Japan: Laws and Policies by : Dan Fenno Henderson

Download or read book Foreign Enterprise in Japan: Laws and Policies written by Dan Fenno Henderson and published by Chapel Hill : University of North Carolina Press. This book was released on 1973 with total page 600 pages. Available in PDF, EPUB and Kindle. Book excerpt: Henderson surveys the amount of foreign business in Japan, points out the special characteristics of these businesses, describes the products and nationality of the foreign subsidiaries and branches, and explores the management practices as they compare with those indigenous with most Japanese business. After a general treatment of the Japanese legal system, the author points out the contracting, incorporating, and dispute resolution devices useful to foreign enterprise. Originally published in 1973. A UNC Press Enduring Edition -- UNC Press Enduring Editions use the latest in digital technology to make available again books from our distinguished backlist that were previously out of print. These editions are published unaltered from the original, and are presented in affordable paperback formats, bringing readers both historical and cultural value.

The Rule of Law in Japan

Author : Carl F. Goodman
Publisher : Kluwer Law International B.V.
ISBN 13 : 9041186751
Total Pages : 538 pages
Book Rating : 4.0/5 (411 download)

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Book Synopsis The Rule of Law in Japan by : Carl F. Goodman

Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 538 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.