2009 Fiscal Year Final Research Report
Research on the Hague Convention on Choice of Court Agreements and its Legislative History
| Project/Area Number |
18530037
|
|---|
| Research Category |
Grant-in-Aid for Scientific Research (C)
|
| Allocation Type | Single-year Grants |
|---|
| Section | 一般 |
|---|
| Research Field |
International law
|
|---|
| Research Institution | Waseda University |
|---|
Principal Investigator |
DOGAUCHI Masato Waseda University, 法学学術院, 教授 (70114577)
|
|---|
| Project Period (FY) |
2006 – 2009
|
| Keywords | 裁判管轄 / 管轄合意 / ハーグ国際私法会議 / 国際民事手続法 / 国際商事仲裁 / 仲裁合意 / 仲裁条項 |
|---|
| Research Abstract |
The legislative history of the Convention on Choice of Court Agreements, which was adopted in 2005 by the Hague Conference on Private International Law, was analyzed in order to make clear differences and similarities of countries in respect of judicial jurisdiction and recognition/enforcement of foreign judgments. Comparison between choice of court agreements and arbitration agreements was also made in order to have crucial points. The outcomes were utilized in the discussion on the new Japanese rules of judicial jurisdiction in the Legislative Counsel Meetings at the Ministry of Justice of Japan.
|
