In order to enforce the foreign judgement in Japan, general requirements are as follows.
Requirements for Recognition (Enforcement) of Foreign Judgments in Japan
1. It must be a final and binding judgment in that country.
2. Jurisdiction must be proper.
3. It is required that the other party received the proper service of process (usually the court requires that the defendant receive a translation of the petition in a language appropriate to the defendant).
4. It is not against the Japanese public policy.Mutual guarantee between Japan and the country where the judgment was rendered.
The article of the Code of Civil Procedure concerning the recognition of foreign judgments
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.
THIS IS BASIC INFORMATION, AND HOW IT IS APPLIED TO SPECIFIC INDIVIDUAL CASES WILL BE JUDGED ON A CASE-BY-CASE BASIS. If you need further information, consider using our legal research service.
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