Foreign Judgments Recognition and Enforcement in Civil and Commercial Matters in Japan

Abstract

The purpose of this paper is to provide a detailed overview of the recognition and enforcement of foreign judgments (hereinafter referred to as “REFJ”) system in Japan. It shows that Japanese courts, under the guidance of the Supreme Court, have been generous in recognizing and enforcing foreign judgments. The recognition requirements have been interpreted in a reasonable way which strikes a good balance between conflicting interests. Therefore, it can be safely said that unless there are good reasons justifying non-recognition, foreign judgments are very likely to be recognized and enforced in Japan. One of the characteristic features of the Japanese system of REFJ is that it has remained (almost) substantially unaltered despite the occasional reforms and amendments that it has undergone during its history. This longevity of the statutory principles can be explained by the adequacy of the current regime. It can also be explained by the important role played by the courts which developed an extensive body of jurisprudential solutions giving flesh to the bare-boned legislative solutions.