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
Date Written: March 29, 2021
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: Suggested Citation