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    Japan’s New Act on International Jurisdiction
    Japan’s New Act on International Jurisdiction
    Japan’s New Act on International Jurisdiction
    Ebook43 pages24 minutes

    Japan’s New Act on International Jurisdiction

    By Koji Takahashi

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    About this ebook

    On 28 April 2011, the Japanese National Diet (Parliament) passed a government-sponsored bill for enacting the bases of international jurisdiction of the Japanese courts. The new Act (“Act for the Partial Amendment of the Code of Civil Procedure and the Civil Interim Relief Act”) was promulgated on 2 May 2011. It will enter into force on the date to be fixed by a Cabinet Order within one year from promulgation. It contains provisions on international jurisdiction of the Japanese courts in civil and commercial matters (The matters of personal status are excluded from the scope), which will be inserted into the existing Code of Civil Procedure and Civil Interim Relief Act. The rules of international jurisdiction, which have hitherto been inferred from the judicial precedents, will for the first time be prescribed by legislation. This book sets forth the author’s English translation with annotations of the key provisions from the new Act and presents an overall evaluation of the Act.

    LanguageEnglish
    PublisherKoji Takahashi
    Release dateAug 14, 2011
    ISBN9781466057562
    Japan’s New Act on International Jurisdiction
    Author

    Koji Takahashi

    Koji Takahashi is professor of law at the Doshisha University Law School (Kyoto, Japan). He has previously taught as a full-time faculty member at the University of Birmingham and the University of Southampton (Institute of Maritime Law). He has written extensively in Japanese and English on the laws of Japan, England, and the EU in the fields of private international law, international civil procedure, arbitration, international trade law and contract law.

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      Book preview

      Japan’s New Act on International Jurisdiction - Koji Takahashi

      Japan’s New Act on International Jurisdiction

      Koji Takahashi

      Professor, Doshisha University Law School, Japan

      Written in May 2011

      Copyright 2011 Koji Takahashi

      Published on Smashwords

      Smashwords Edition, License Notes

      This ebook is licensed for your personal enjoyment only. This ebook may not be re-sold or given away to other people. If you would like to share this book with another person, please purchase an additional copy for each recipient. If you’re reading this book and did not purchase it, or it was not purchased for your use only, then please return to Smashwords.com and purchase your own copy. Thank you for respecting the hard work of this author.

      Contents

      I. Introduction

      II. The provisions to be inserted into the Code of Civil Procedure

      Article 3-2 (Jurisdiction Based on, inter alia, the Domicile of the Defendant)

      Article 3-3 (Jurisdiction over Actions Relating to, inter alia, Contractual Obligations)

      Article 3-4 (Jurisdiction over Actions Relating to Consumer Contracts and Employment Relations)

      Article 3-5 (Exclusivity of Jurisdiction)

      Article 3-6 (Jurisdiction over Joint Claims)

      Article 3-7 (Jurisdiction Agreement)

      Article 3-8 (Jurisdiction by Submission)

      Article 3-9 (Dismissal of Action under Special Circumstances)

      Article 3-10 (Exclusion of Application in the Case of Exclusive Jurisdiction)

      Article 3-11 (Examination of Evidence ex officio)

      Article 3-12 (Point in Time by Reference to which Jurisdiction shall be Determined)

      Article 145 (Action for Interlocutory Declaration)

      Article 146 (Counterclaim)

      Article 312 (Grounds for Appeal to the Final Appellate Court)

      III. The provision to be inserted into the Civil Interim Relief Act

      Article 11 (Jurisdiction to Grant an Order of Interim Relief)

      IV. Evaluation of the new Act

      About the author

      I. Introduction

      On 28 April 2011, the Japanese National Diet (Parliament) passed a government-sponsored bill for enacting the bases of international jurisdiction of the Japanese courts. The new Act (Act for the Partial Amendment of the Code of Civil Procedure and the Civil Interim Relief Act) was promulgated on 2

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