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Vol 23 No 1 Jan/Feb 2018

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The Law of Privilege

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Commercial Dispute Processing and Japan

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ISBN13: 9789041116680
ISBN: 9041116680
Published: August 2001
Publisher: Kluwer Law International
Country of Publication: The Netherlands
Format: Hardback
Price: £151.00

Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This study explores a range of possible approaches, both within the established legal infrastructure, and through alternatives, 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 should 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 co-operation.

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Foreword. List of Figures and Tables. Acknowledgements. Introduction.
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. Appendices. Bibliography. List of Cases and Statutes. Index.