2016 Fiscal Year Final Research Report
Uniform Construction and its Applicability of Party Autonomy Principle in Private International Law, International Civil Procedure Law and Arbitration Law
Project/Area Number |
25380063
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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
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Research Institution | Kobe University |
Principal Investigator |
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Project Period (FY) |
2013-04-01 – 2017-03-31
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Keywords | 当事者自治 / 国際私法 / 国際民事訴訟法 / 仲裁法 |
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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Free Research Field |
国際私法
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