An American Perspective on the New Japanese Act on General Rules for Application of Laws

Abstract

Any changes in rules of applicable law in one state are necessarily of interest to those concerned with the outcome of potential cross-border disputes. This makes the new Japanese Act on Application of Laws of interest beyond the borders of Japan. In this article, we focus on the new rules governing applicable law in contract and tort cases. The primary point of comparison is U.S. law, but there is also reference to the other major recent civil law developments brought about by the European Union’s Rome I and II Regulations. Specific attention is given to how each of the sets of rules deals with the concept of party autonomy, taking into account the recent retreat in the United States from proposed changes to the party autonomy rule in Article 1 of the Uniform Commercial Code.

Keywords: Japanese Act on General Rules for Application of Laws, choice of law, conflict of laws, international litigation, private international law, cross-border disputes, rules of applicable law, Article I of the Uniform Commercial Code, Rome I Regulation, Rome II Regulation, European Union, party autonomy

JEL Classification: K12, K13, K20, K23, K33, K40, K41