Uniform Construction and its Applicability of Party Autonomy Principle in Private International Law, International Civil Procedure Law and Arbitration Law
Project/Area Number |
25380063
|
Research Category |
Grant-in-Aid for Scientific Research (C)
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Allocation Type | Multi-year Fund |
Section | 一般 |
Research Field |
International law
|
Research Institution | Kobe University |
Principal Investigator |
|
Project Period (FY) |
2013-04-01 – 2017-03-31
|
Project Status |
Completed (Fiscal Year 2016)
|
Budget Amount *help |
¥4,940,000 (Direct Cost: ¥3,800,000、Indirect Cost: ¥1,140,000)
Fiscal Year 2016: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2015: ¥1,040,000 (Direct Cost: ¥800,000、Indirect Cost: ¥240,000)
Fiscal Year 2014: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
Fiscal Year 2013: ¥1,430,000 (Direct Cost: ¥1,100,000、Indirect Cost: ¥330,000)
|
Keywords | 当事者自治 / 国際私法 / 国際民事訴訟法 / 仲裁法 / 国際仲裁 / 親族・相続法における当事者自治原則 / 外国法 / 当事者自治原則 |
Outline of Final Research Achievements |
The party autonomy principle, which is traditionally known as an exceptional conflict of laws method for determining lex contractus, is recently getting recognition in various fields, e.g.,tort, divorce, maintenance or succession. The applicability of non-state laws in international commercial arbitration is to be understood as an expansion of its field of application. The fact that the "Separability" rule applies not only to arbitration clause but also to jurisdiction clause and governing law clause suggests the party autonomy principle in private international law, international civil procedure law and arbitration law require uniform construction.
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Report
(5 results)
Research Products
(32 results)