Conflict of Law Rules of Japan
By Seiichi Yoshikawa, Koga & Partners
In Japan, a new statute on conflict of laws was promulgated in 2006. Under the new law, the governing law on contract is the law that the parties have selected, and if the parties have not so selected, the law of the place which has the most significant relationship with the contract.
Thus, in the case of real estate contract, the law of the place where the subject real estate is located, and for contract under which one of the parties provides a “unique performance”, the law of the place where such party habitually resides, are the governing law, respectively. In consumer and labor contracts, however, special rules apply to protect consumers and laborers.
In tort, the governing law is the law of the place where consequences of the tortious act occur, except in case where one normally could not anticipate such occurrence in that place, in
which case the governing law is the law of the place where the tortious act was committed. There are special rules for product liability and libel cases; in the former, the law of the place where the product was delivered to the victim, and in the latter the law of the place where the victim habitually resides, are the governing law, respectively.
Seiichi YoshikawaKoga & Partners, Tokyo, Japan
T: +81 33 578 86 81
Seiichi Yoshikawa is a senior partner of Koga & Partners and has handled many international litigation and arbitration cases including debt collection. He has served as Vice President of the Japan Federation of Bar Associations and Councillor of the International Bar Association.
Koga & Partners is based in Tokyo, Japan. Its practice areas include international litigation and arbitration, finance, competition law, M&A, media law and general corporate matters.
Published: September 2015 l Photo: eyetronic - Fotolia.com