In order to enforce the foreign judgement in Japan, general requirements are,
- It must be a final and binding judgement in that country.
- The jurisdiction must be appropriate.
- It is required that the other party received the appropriate delivery of the documents about the lawsuit (usually the court checks whether the defendant received the Japanese translation of the petition).
- It is not against the Japanese public policy.
- Mutual guarantee between Japan and the country.
The actual article of the Japanese law is as follows.
Code of Civil Procedure
(Validity of a Final and Binding Judgment Rendered by a Foreign Court)
Article 118 A final and binding judgment rendered by a foreign court is valid only if it meets all of the following requirements:
(i) the jurisdiction of the foreign court is recognized pursuant to laws and regulations,conventions, or treaties;
(ii) the defeated defendant has been served(excluding service by publication or any other service similar thereto) with the requisite summons or order for the commencement of litigation, or has appeared without being so served;
(iii) the content of the judgment and the litigation proceedings are not contrary topublic policy in Japan;
(iv) a guarantee of reciprocity is in place.
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