| Project/Area Number |
10834001
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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 |
国際取引
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| Research Institution | TOYAMA UNIVERSITY |
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Principal Investigator |
SAWAI Akira TOYAMA UNIVERSITY・FACULTY OF ECONOMICS, 経済学部, 助教授 (80251875)
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| Project Period (FY) |
1998 – 1999
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| Project Status |
Completed (Fiscal Year 1999)
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| Budget Amount *help |
¥2,400,000 (Direct Cost: ¥2,400,000)
Fiscal Year 1999: ¥1,400,000 (Direct Cost: ¥1,400,000)
Fiscal Year 1998: ¥1,000,000 (Direct Cost: ¥1,000,000)
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| Keywords | ARBITRATION / ADR / MANDATORY RULES / CONSUMER / ARBITRABILITY / INTELLECTUAL PROPERTY / PUNITIVE DAMAGES / 国際仲裁 / 消費者仲裁 |
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| Research Abstract |
To research the subject of ACTUAL STATE 0F INTERNATIONAL COMMERCIAL ARBITRATION in a perspective of the arbitrability of claims under the mandatory rules, I examined the cases dealing with arbitrability of antitrust claims at lower courts together with those of extraterritorial application of antitrust law and of dismissal of antitrust claims by the doctrine of forum non conveniens. For the securities arbitration, I examined the Supreme Court cases of arbitrators' power to award punitive damages and of who the arbitability of claims decides. From the interview with the Directors of Arbitration Division at both NYSE and NASD on ADR, I obtained the information and materials of recent development of securities arbitration and mediation and resulted in "Recent Development of ADR in Europe and in the United States (10)". I also considered the arbitration of consumer disputes including banking arbitration, labor disputes including sexual harassment claims, and intellectual property disputes. Through the examination of cases dealing with consumer disputes, I addressed the future ADR system dealing with consumer disputes in Japan. EC competition law & arbitration, summary of interviews with arbitrators and law department staff members will follow in April 2000 and after.
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