The procedure in Japan for enforcing a foreign judgment against a Japanese debtor is as follows. These systems can be used in international debt collection. However, in terms of cost effectiveness, the possibility of successful execution needs to be carefully considered.
1. Approval of Foreign Judgments
In Japan, if all of the following requirements are met, the final decision of the foreign court will be approved and effective without any special procedure (automatic approval).
① The Judgment was made by the competent court.
② The appropriate start document of the trial was served on the losing defendant.
③ The judgment does not violate the public order of Japan
④ There is mutual guarantee.
＊A final decision ordering the performance of gambling-based debt is not approved because it violates the public order of Japan. Of course, it is not allowed to claim the payment of the losing stake. Lending funds for gambling and lending repayment funds after gambling are also considered to be offensive to the public order because they facilitate gambling.
＊In the past, the following national / regional decisions have been approved in Japan. States of the United States such as California and New York, Countries of the UK such as England and Wales, Germany, South Korea, Singapore, Hong Kong, etc.
2. Enforcement of Foreign Judgements
Foreign judgments approved in Japan can be enforced by obtaining an enforcement judgment in a Japanese court.
＊If you need further information or have any question on the Approval and Enforcement of Foreign Judgments in Japan, please let us know using the Inquiry form.