Choice of Law for Cross-Border Trust Disputes in Japan: The Case for Adopting the Hague Trusts Convention

Journal of International and Comparative Law (2021, forthcoming)

20 Pages Posted: 30 Mar 2021

See all articles by Ying Khai Liew

Ying Khai Liew

University of Melbourne - Melbourne Law School

Date Written: March 29, 2021

Abstract

This paper argues that cross-border trust disputes cannot adequately be dealt with using the existing choice of law rules in Japan, because pigeonholing trusts within any of those established choice of law categories distorts a proper understanding of trusts law and disappoints the autonomy and legitimate expectations of parties. Ultimately, this paper suggests that serious consideration ought to be given to adopting the Convention and the dedicated trusts choice of law rules it provides.

Keywords: Japan, trusts, choice of law

JEL Classification: K1, K10, K11, K19

Suggested Citation

Liew, Ying Khai, Choice of Law for Cross-Border Trust Disputes in Japan: The Case for Adopting the Hague Trusts Convention (March 29, 2021). Journal of International and Comparative Law (2021, forthcoming), Available at SSRN: https://ssrn.com/abstract=3814851

Ying Khai Liew (Contact Author)

University of Melbourne - Melbourne Law School ( email )

University Square
185 Pelham Street, Carlton
Victoria, Victoria 3010
Australia

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