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(2) International comparison

Japanese law was amended to provide a new jurisdictional ground based on

the business activities of a defendant, which is comparable to the US “doing business”
jurisdiction . According to Article 3-3 (v) of the JCCP , an action against a person
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63
conducting business in Japan may be filed with Japanese courts if the action involves
the business that the person conducts in Japan. This provision allows the plaintiff

to bring an action before the Japanese courts even if the defendant has no fixed
business office in Japan. However, the Japanese version of doing business

jurisdiction is a ground of special jurisdiction and is limited to only disputes
involving the defendant’s business activities in Japan, unlike the US version . The
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aim of this provision is to extend jurisdiction to cover actions against a foreign
company or individual continuously carrying out transactions with no business office

in Japan, as well as to respond to the growth of economic commerce which has
enabled business activities to be conducted from outside Japan through the internet

and other electronic means of communication .
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63. A substantial, continuous, and systematic course of business in the forum state had been used as the
basis for general jurisdiction (“doing business jurisdiction”) in the US law. The defendants may subject
to jurisdiction even on claims unrelated to their activities in the forum state. However, this principle
was modified by Daimler AG v. Bauman, 134 S. Ct. 746, 754 (2014). Under the current approach, a
corporation is subject to general jurisdiction where it is incorporated or has its principal place of
business. A corporation, in an exceptional case, may be subject to a general jurisdiction in a forum
other than its place of corporation or principal place of business if its operations in that forum are so
substantial and of such a nature as to render corporation at home in that State. See Restatement
(Fourth) of Foreign Relations of the United States § 302 (American Law Institute Tentative Draft No.
2, 2016).
64. Article 3-3 (v) of the JCCP provides that the following actions may be filed with the Japanese courts:
“an action against a person that conducts business in Japan (including a foreign company
(meaning a foreign company as prescribed in Article 2, item (ii) of the Companies Act (Act No. 86
of 2005)) that continually carries out transactions in Japan): if said action involves the business that
the person conducts in Japan;”
65. Nishitani, “International Jurisdiction of Japanese Courts,” 261.
66. Koji Takahashi, “The Jurisdiction of Japanese Courts in a Comparative Context,” Journal of Private
International Law 11, no. 1 (2015): 114, https://doi.org/10.1080/17536235.2015.1035531.

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