2014 Fiscal Year Final Research Report
State Interference of Sovereign Interests into International Litigation and Arbitration among Private Parties
| Project/Area Number |
22530050
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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 | Waseda University |
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Principal Investigator |
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| Project Period (FY) |
2010-04-01 – 2015-03-31
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| Keywords | 国際裁判管轄 / 仲裁 / 専属管轄 / 仲裁付託適格性 / 主権 / 国家利益 / 不動産物権 |
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| Outline of Final Research Achievements |
The issues subject to exclusive jurisdiction are determined in accordance with criterion whether or not interference to them by foreign states should be rejected in terms state vs. state context, whereas the issues subject to non-arbitrability are determined in accordance with criterion whether or not they are left to disposal by people in terms of state vs. people context. The former issues, therefore, should be what are deeply involved with the dignity of state, lost of which would impair sovereignty itself; the latter issues should be what people may not be settled by amicable composition.
Proceedings which have as their object rights in rem in immovable property in Japan, which are not listed in Article 3-5 of Code of Civil Procedure, should be subject to exclusive jurisdiction of Japanese courts.
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| Free Research Field |
国際私法
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