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Commercial Dispute Processing and Japan

By Yasunobu Sato


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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.

Publish Date 08/01/2001
Publish Frequency As Needed
Product Line Kluwer Law International
ISBN 9789041116680
SKU 10057407-0001
Table of Contents
  1. The Theory of Disputes
  2. Early Forms of Civil Dispute Resolution
  3. Meiji Modernization of Civil Dispute Processing
  4. Post-war Dispute Processing and Rapid Economic Growth
  5. Implications of the 1998 Civil Procedure Reform
  6. UNCITRAL Model Law & the 1996 English Arbitration Act
  7. The Development of Arbitration
  8. The Development of Mediation/Conciliation
  9. Conclusion: The Japanese Model in a Global Context