2005 Fiscal Year Final Research Report Summary
Research on the Applicability of ADR to International Commercial Disputes and its Enforceability : From the Conflict-of-Laws perspective
| Project/Area Number |
15530036
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| Research Category |
Grant-in-Aid for Scientific Research (C)
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| Allocation Type | Single-year Grants |
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| Section | 一般 |
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| Research Field |
International law
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| Research Institution | Kobe University |
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Principal Investigator |
NAKANO Shunichiro Kobe University, Graduate School of Law, Professor, 大学院・法学研究科, 教授 (30180326)
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| Project Period (FY) |
2003 – 2005
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| Keywords | ADR / Arbitration / International Arbitration / Conflict of Laws |
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| Research Abstract |
This research explores some modern issues arising out of the use of ADR in international civil and commercial disputes from the theoretical and practical perspectives of Conflict of Laws, International Civil Procedure Law and Comparative Law, e.g.:
* The interpretation and practical problems as regards the use of "place of arbitration" as a connecting factor in determining applicable law on arbitration procedure or arbitral agreements
* Determination of the applicable law on the substance in international commercial arbitration
* Applicability of ADR to the international IP-Disputes
* Execution of the decision / agreement obtained in the ADR, etc.
The education of ADR in faculty of law or law schools plays a key roll to revitalize the use of international commercial arbitration under the new arbitration law in Japan. To examine its relevant contents and teaching methods, as an experimental attempt, some seminars on mediation and arbitration for the law school students were organized; useful
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feedbacks from the participants were duly analyzed and published. Furthermore, with an article written in English, some features of the international commercial arbitration under the Japanese arbitration law were of Japan were clarified.
As to the general Conflict of Laws theory, the applicability of non-national laws as a governing law of the international commercial contracts were positively picked up and examined. The determination of the applicable law of contract and tort in the tentative draft of the modernization of Japanese Private International Law were investigated from critical viewpoint. In the field of International Civil Procedure Law, based on their close and interactive relationship, I pointed out possible parallel treatment of jurisdiction agreements, arbitration agreements and choice of law agreements. Finally, the development of German case law on the jurisdictional rule based on the presence of defendant's assets and its implication to the Japanese theory was examined.
The outcome of this research, e.g., the resolution of international trade disputes through arbitration or court litigation in Japan, was presented at some domestic or international conferences. Less
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[Book] 国際民事手続法2005
Author(s)
本間靖規, 中野俊一郎, 酒井一
Total Pages
263
Publisher
有斐閣
Description
「研究成果報告書概要(和文)」より
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