Download or read book Davis Dispute Resolution Japan written by Joseph Davis and published by Springer. This book was released on 1996-09-15 with total page 588 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practices and patterns of behaviour considered the norm in the process of dispute resolution in Japan may seem very strange to lawyers from other countries. This book describes the Japanese process of resolving disputes through third parties to lawyers and business executives faced with the prospect of litigation or arbitration. The authors, experienced practitioners themselves, present a clear description of numerous components and facets To The dispute resolution process, including: the Japanese legal system and its advantages and disadvantages the role of the judiciary and practising lawyers in Japan the attitude of the Japanese toward litigation the actual process the cost of litigation potential pitfalls For The practitioner alternative courses of action practical suggestions on when to be involved in a litigation in Japan how to manage a case from outside Japan Dispute Resolution in Japan is an invaluable resource for anyone involved in or contemplating doing business in Japan. Any such business people may find themselves plaintiffs or defendants in a legal proceeding involving a civil matter in a Japanese court. This book serves as essential, conscientious preparation for that potentiality.
Download or read book Commercial Dispute Processing and Japan written by Yasunobu Sato and published by Kluwer Law International B.V.. This book was released on 2001-08-29 with total page 458 pages. Available in PDF, EPUB and Kindle. Book excerpt: Under globalization, the resolution of commercial disputes across national borders is assuming ever greater importance. This groundbreaking study explores a range of possible approaches, both within the established legal infrastructure, and through alternative, not only arbitration, but also non-confrontational means such as negotiation and mediation/conciliation. The Japanese experience in dispute processing is taken as a means of exploring the ways in which international harmonization efforts such as the UNCITRAL Model Law impact on individual nations. As an Asian nation which has adopted and adapted a variety of Western practices under modernization and democratization, Japan is in a unique position to offer a balanced global example--a model for a more comprehensive approach to disputes as an integrated multi-layered system. The book will be of interest to the scholar and practitioner of trans-national/cultural commercial dispute processing as well as those who are involved in the law reform technical cooperation.
Download or read book Why Adjudicate written by Christina L. Davis and published by Princeton University Press. This book was released on 2012-05-27 with total page 345 pages. Available in PDF, EPUB and Kindle. Book excerpt: The World Trade Organization (WTO) oversees the negotiation and enforcement of formal rules governing international trade. Why do countries choose to adjudicate their trade disputes in the WTO rather than settling their differences on their own? In Why Adjudicate?, Christina Davis investigates the domestic politics behind the filing of WTO complaints and reveals why formal dispute settlement creates better outcomes for governments and their citizens. Davis demonstrates that industry lobbying, legislative demands, and international politics influence which countries and cases appear before the WTO. Democratic checks and balances bias the trade policy process toward public lawsuits and away from informal settlements. Trade officials use legal complaints to manage domestic politics and defend trade interests. WTO dispute settlement enables states and domestic groups to signal resolve more effectively, thereby enhancing the information available to policymakers and reducing the risk of a trade war. Davis establishes her argument with data on trade disputes and landmark cases, including the Boeing-Airbus controversy over aircraft subsidies, disagreement over Chinese intellectual property rights, and Japan's repeated challenges of U.S. steel industry protection. In her analysis of foreign trade barriers against U.S. exports, Davis explains why the United States gains better outcomes for cases taken to formal dispute settlement than for those negotiated. Case studies of Peru and Vietnam show that legal action can also benefit developing countries.
Download or read book Practitioner s Handbook on International Arbitration and Mediation Third Edition written by Richard Chernick and published by Juris Publishing, Inc.. This book was released on 2012-04-01 with total page 1198 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Practitioner's Handbook on International Arbitration and Mediation, 3rd Edition is a unique work with each chapter written by a well-known practitioner and expert in the field. It covers each step of the international arbitration and mediation process and offers separate chapters that summarize the laws of leading arbitral venues. This Handbook is intended to make the reader into a better practitioner or arbitrator/mediator. Moreover, each chapter has been written to provide practical advice and guidance. Unlike many works with multiple authors, this work is not simply a collection of essays on a general subject. This book is a unified work with cross references among the chapters and a consistent format throughout. The Practitioner's Handbook is divided into three parts. Part One describes in detail each step of the international arbitration process and offers tips. Part Two deals with each step and facet of an international mediation. Each of these chapters is filled with Practitioners’ Expert Commentary. Part Three summarizes the laws of leading arbitral jurisdictions, like Hong Kong, England, Switzerland, and France. These chapters give you detailed guidance on the laws governing international arbitration in that particular jurisdiction. As a result, the chapters in Part Three are a bit more technical as the authors realized that the reader would need citations to and commentary on the local arbitration statutes and rules. The CD ROM that accompanies this Work contains relevant original source material that is germane to the text. A review of the table of contents of the material contained on the CD ROM will acquaint you with the range of material covered.
Download or read book Formalisation and Flexibilisation in Dispute Resolution written by Joachim Zekoll and published by Martinus Nijhoff Publishers. This book was released on 2014-09-25 with total page 424 pages. Available in PDF, EPUB and Kindle. Book excerpt: Formal law versus informal justice – these are two frequently invoked labels to highlight the distinction between court-based and “alternative” dispute resolution (ADR). Indeed, it appears to be all but a truism to assume that ADR has developed as a more flexible and creative alternative to rigid and formalised judicial proceedings. In Formalisation and Flexibilisation in Dispute Resolution scholars from four continents examine both historical and recent developments that cast doubt on the validity of these widespread assumptions. They not only explore trends towards an increased formalisation of ADR procedures but also address the tendencies of state civil justice systems to adopt flexible and informal tools for the resolution of disputes in the courts. Editors Joachim Zekoll, Moritz Bälz and Iwo Amelung have divided the book into three Parts. Part One seeks to develop the general theme of formalisation from several angles, including a socio-legal perspective, the public-private divide, the regulatory challenges and potential tensions with the rule of law. The emphasis of Part Two is on the historical emergence of formal and informal dispute resolution instruments in several legal and cultural contexts. Historical roots, be they genuine or construed, also play a role in the other two parts of the book, but in this part, they take centre stage. Finally, Part Three features chapters which address and elaborate on specific applications such as ADR as means of consumer dispute resolution and arbitration in transnational investment disputes. While the contributions to the first two parts of this volume already raise normative questions in some respects, this final part evaluates and passes judgement on the potential merits and deficits of ADR in a variety of specific settings.
Download or read book Alternative Dispute Resolution in Japan written by Yasuhei Taniguichi and published by . This book was released on 1992 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Japanese Contract and Anti Trust Law written by Willem Visser t'Hooft and published by Routledge. This book was released on 2003-09-02 with total page 230 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book describes the role of Japanese contract law in protecting the distributor against unilateral terminations of distribution agreements. Based primarily on Japanese language legal material.
Download or read book The Internationalization of the Practice of Law written by Jens Drolshammer and published by BRILL. This book was released on 2021-08-04 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Food Fights over Free Trade written by Christina L. Davis and published by Princeton University Press. This book was released on 2011-10-23 with total page 422 pages. Available in PDF, EPUB and Kindle. Book excerpt: This detailed account of the politics of opening agricultural markets explains how the institutional context of international negotiations alters the balance of interests at the domestic level to favor trade liberalization despite opposition from powerful farm groups. Historically, agriculture stands out as a sector in which countries stubbornly defend domestic programs, and agricultural issues have been the most frequent source of trade disputes in the postwar trading system. While much protection remains, agricultural trade negotiations have resulted in substantial concessions as well as negotiation collapses. Food Fights over Free Trade shows that the liberalization that has occurred has been due to the role of international institutions. Christina Davis examines the past thirty years of U.S. agricultural trade negotiations with Japan and Europe based on statistical analysis of an original dataset, case studies, and in-depth interviews with over one hundred negotiators and politicians. She shows how the use of issue linkage and international law in the negotiation structure transforms narrow interest group politics into a more broad-based decision process that considers the larger stakes of the negotiation. Even when U.S. threats and the spiraling budget costs of agricultural protection have failed to bring policy change, the agenda, rules, and procedures of trade negotiations have often provided the necessary leverage to open Japanese and European markets. This book represents a major contribution to understanding the negotiation process, agricultural politics, and the impact of international institutions on domestic politics.
Download or read book The Rule of Law in Japan written by Carl F. Goodman and published by Kluwer Law International B.V.. This book was released on 2017-04-01 with total page 401 pages. Available in PDF, EPUB and Kindle. Book excerpt: Practitioners who deal with Japanese law have put great store by earlier editions of this major work, which systematically compares United States (US) law and Japanese law across all the major fields of legal practice. This fourth revised edition updates the work with the continuing dramatic changes in Japan’s legal system, including changes in criminal trials, disclosures to defense counsel of evidence to be used by the prosecution, the increasing use of recordings of interrogation sessions, and the impact of the indigenous movement for judicial reform. All chapters have been updated. In the fourth revised edition, which follows the same comparative structure as formerly, author Carl Goodman ̄ an internationally known authority with extensive experience in international practice, university teaching in both Japan and the US, and US government service — takes expert stock of new developments, including the following: • the Cabinet’s Declaration reinterpreting the Renunciation of War Clause in the Constitution and legislation following such reinterpretation; • interpretation of new rules for international jurisdiction of Japanese courts, including the new law’s effect on mirror image lawsuits filed in Japan; • the Supreme Court’s rulings dealing with the presumption of paternity, the waiting period for remarriage after divorce, and inheritance rights of “out of wedlock children”; • international and domestic Japanese child custody; • unanticipated consequences of criminal trials before the new mixed lay/professional panels; • debate concerning the Emperor’s announcement of his desired abdication; and • an update of Japan’s experiment with new graduate legal faculties. Although the alteration of the legal landscape in Japan is highly visible, the author does not hesitate to raise questions as to how far-reaching the changes really are. In almost every branch of the new Japanese legal practice he uncovers ways in which laws and judicial rulings are closely qualified and are likely to present challenges in any given case. He reminds the reader in each chapter that “what you see may not be what you get”. For this reason, and for its comprehensive coverage, this new edition is sure to gain new adherents as the best-informed practical guide for non-Japanese lawyers with dealings in Japan.
Download or read book Arbitration and Conciliation in Japan written by Shugo Kitayama and published by . This book was released on 1997 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book New Courts in Asia written by Andrew Harding and published by Routledge. This book was released on 2010-01-21 with total page 589 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book discusses court-oriented legal reforms across Asia with a focus on the creation of ‘new courts’ over the last 20 years. Contributors discuss how to judge new courts and examine whether the many new courts introduced over this period in Asia have succeeded or failed. The ‘new courts’ under scrutiny are mainly specialist courts, including those established to hear cases involving intellectual property disputes, bankruptcy petitions, commercial contracts, public law adjudication, personal law issues and industrial disputes. The justification of the trend to ‘judicialize’ disputes has seen the invocation of Western-style rule of law as necessary for the development of the market economy, democratization, good governance and the upholding of human rights. This book also includes critics of court building who allege that it serves a Western agenda rather than serving local interests, and that the emphasis on judicialization marginalises alternative local and traditional modes of dispute resolution. Adopting an explicitly comparative perspective, and contrasting the experiences of important Asian states - China, Japan, Korea, Malaysia, Vietnam, Brunei, Thailand and Indonesia - this book considers critical questions including: Why has the ‘new-court model’ been adopted, and why do international development agencies and nation-states tend to favour it? What difficulties have the new courts encountered? How have the new courts performed? What are the broader implications of the trend towards the adoption of judicial solutions to economic, social and political problems? Written by world authorities on court development in Asia, this book will not only be of interest to legal scholars and practitioners, but also to development specialists, economists and political scientists.
Download or read book Consumer Politics in Postwar Japan written by Patricia L. Maclachlan and published by Columbia University Press. This book was released on 2001-12-26 with total page 337 pages. Available in PDF, EPUB and Kindle. Book excerpt: Providing comparisons to the United States and Britain, this book examines Japan's postwar consumer protection movement. Organized largely by and for housewives and spurred by major cases of price gouging and product contamination, the movement led to the passage of basic consumer protection legislation in 1968. Although much of the story concerns the famous "iron triangle" of big business, national bureaucrats, and conservative party politics, Maclachlan takes a broader perspective. She points to the importance of activity at the local level, the role of minority parties, the limited utility of the courts, and the place of lawyers and academics in providing access to power. These mild social strategies have resulted in a significant amount of consumer protection.
Download or read book Robert W Davis and Randall D Imhoff Securities and Exchange Commission Litigation Complaint SEC v Davis written by and published by DIANE Publishing. This book was released on with total page 34 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book The Origins of Revisionist and Status Quo States written by J. Davidson and published by Springer. This book was released on 2016-04-30 with total page 245 pages. Available in PDF, EPUB and Kindle. Book excerpt: Explaining why some states seek the status quo and others seek revision in international relations, Davidson argues that governments pursuing revisionist policies are responding to powerful domestic groups, such as nationalists and those in the military, that believe they can defeat their rivals. He draws on examples of France, Italy and Great Britain to enhance understanding of a fundamental source of instability in international affairs.
Download or read book Developmental States and Business Activism written by Jessica Chia-yueh Liao and published by Springer. This book was released on 2016-01-26 with total page 185 pages. Available in PDF, EPUB and Kindle. Book excerpt: As firms from East Asia gain global market share they are stirring trade disputes with import-competing firms in the West. Jessica Liao analyzes the role played by government-business collaboration in determining how effective East Asian governments are in helping their exporters gain an edge over western competitors through WTO litigation.
Download or read book International Intervention in the Post Cold War World written by Michael C. Davis and published by Routledge. This book was released on 2017-07-28 with total page 344 pages. Available in PDF, EPUB and Kindle. Book excerpt: International intervention on humanitarian grounds has been a contentious issue for decades. First, it pits the principle of state sovereignty against claims of universal human rights. Second, the motivations of intervening states may be open to question when avowals of moral action are arguably the fig leaf covering an assertion of power for political advantage. These questions have been salient in the context of the Balkan and African wars and U.S. policy in the Middle East. This volume undertakes a serious, systematic, and broadly international review of the issues.
