Because of the relative paucity of international securities litigation in Japan, it is difficult to predict the outcome of such disputes. The Author studies the relatively few Japanese precedents in an effort to determine the jurisdictional issues which will arise when American investors sue Japanese securities firms, and vice versa. He discusses some of the litigation tactics of Japanese lawyers used to gain a favorable forum or to remove cases from Japanese courts in an effort to thwart foreign party lawsuits. Such jurisdictional problems can create barriers against the globalization of securities markets, and the world's legal systems must be harmonized to overcome them.
Yoshikazu Takaishi, Osamu Hirakawa, and Fumio Tomatsu,
International Civil Litigation over Securities-Related Disputes in Japan,
14 Hastings Int'l & Comp. L. Rev. 423
Available at: https://repository.uchastings.edu/hastings_international_comparative_law_review/vol14/iss2/14