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.
Produkt-Info
Sprache
Verlagsort
Zuidpoolsingel
Niederlande
Zielgruppe
Für höhere Schule und Studium
Für Beruf und Forschung
Research
Editions-Typ
Maße
Höhe: 229 mm
Breite: 152 mm
Dicke: 25 mm
Gewicht
ISBN-13
978-90-411-1668-0 (9789041116680)
Schweitzer Klassifikation
1. The Theory of Disputes
2. Early Forms of Civil Dispute Resolution
3. Meiji Modernization of Civil Dispute Processing
4. Post-war Dispute Processing and Rapid Economic Growth
5. Implications of the 1998 Civil Procedure Reform
6. UNCITRAL Model Law & the 1996 English Arbitration Act
7. The Development of Arbitration
8. The Development of Mediation/Conciliation
9. Conclusion: The Japanese Model in a Global Context