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Vol 24 No 9 Sept/Oct 2019

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Cover of The Anti-Suit Injunction

The Anti-Suit Injunction

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Japan's Early Experience of Contract Management in the Treaty Ports

ISBN13: 9781138973558
Published: May 2016
Publisher: Routledge
Country of Publication: UK
Format: Paperback (Hardback in 2003)
Price: £35.99

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This is the first in-depth study of the early trial-and-error experiences of contracting between Japanese and western merchants trading in the Japanese Treaty Ports in the eighteen year period immediately following the opening of the ports in 1859. Fundamental to the equation were the inevitable east-west cultural and legal ambiguities that impacted on the traders. The learning curve for both westerners and Japanese regarding the nature and application of western contracting law was predictably difficult, tortuous and open to constant misunderstanding. Nevertheless, it was within such a framework that the principal benchmarks for trade with Japan were set down and which, in essence, have lasted to the present day.

Legal History, Other Jurisdictions , Japan
Table of Figures Introduction
1. The Tokugawa Legacy
2. Treaty Ports: Boundaries and Borders
3. Reaching Agreement: The Mechanics of Promise and Payment
4. Description of Cases
5. The Avenues of Legal Redress
6. In Pursuit of a Bargain
7. Promise, Agreement, and Contract: Ito Hachibei vs. Walsh, Hall & Co.
8. Towards Implications and Theory
Conclusion: The Republic of Commerce