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THE DEFENSE OF SET-OFF AT THE ENFORCEMENT STAGE OF FOREIGN JUDGMENTS AND ARBITRAL AWARDS: FROM THE PERSPECTIVE OF JAPANESE LAW

  • Journal of International Business Transactions Law
  • Abbr : IBT
  • 2017, (19), pp.1-20
  • Publisher : The Institute for Legal Studies Dong-A University
  • Research Area : Social Science > Law > Private Law > International Commercial Transactions Law

MIKU KOIKE 1

1Doshisha University

Candidate

ABSTRACT

Set-off is incredibly important in business for its function of simplifying payments. In cases where a judgment or an arbitral award has been rendered against a party in a foreign country, that party may, insofar as they themselves have a right of claim against the opposing party, wish to set-off the claim that has been acknowledged by the judgment or award with their own. If a party has grounds to oppose a foreign judgment or award, whether this includes recourse to set-off or not, the question of how to make full use of these means is important from the perspective of business strategy. This article will examine, how a defense against a judgment or an arbitral award that has already rendered in a foreign country, it is dealt with in Japanese enforcement proceedings. After illustrating enforcement procedure of foreign judgments and arbitral awards in Japan, recent judgments which concern some defenses at the stage of enforcement will be introduced followed by an examination of how these issues should be interpreted. In particular, questions which arise in relation to jurisdiction and defense of set-off in the proceedings of enforcement are dealt with.

Citation status

* References for papers published after 2022 are currently being built.