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ดุลพาห

of action arose. In some exceptional cases, the plaintiff may be permitted to submit
the complaint to the labor court in which the plaintiff or the defendant is domiciled.

This is allowed only when the plaintiff has proven that a trial in such labor court would
be convenient. In addition, there is no provision in the Consumer Case Procedure Act

or the Act for the Establishment of and Procedure for Labor Court which specifically
prescribes a choice-of-court agreement. It has been generally understood that a

choice-of-court agreement is not allowed if it is inconsistent with the jurisdiction
provisions under these laws.

(2) International comparison

Japanese law provides special rules to protect weaker parties in consumer

contracts and labor relations. The available court for an action brought by a business
operator or employer is restricted to the Japanese court in which a consumer or

employee is domiciled . Article 3-4 (3) of the JCCP excludes the application of special
82
jurisdiction rules under Article 3-3, such as jurisdiction of the court for place of

performance on an action brought by a business operator or employer. On the other
hand, in addition to general jurisdiction and special jurisdiction rules pursuant to

Articles 3-2 and 3-3, a consumer may file an action against a business operator with
Japanese courts if the consumer is domiciled in Japan at the time the action is filed or at

the time the consumer contract is concluded . Similarly, an employee may also file
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an action against an employer with Japanese courts when the place where the labor is

to be provided underthe labor contract (if such place is not fixed, the place of the
office at which the employee was employed) is located within Japan . Moreover,
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Articles 3-7 (5) (6) of the JCCP provide special rules on a choice-of-court agreement to
protect consumers and employees. A choice-of-court agreement covering consumer

contract disputes or labor disputes which may arise in the future is valid only when the

82. Nishitani, “International Jurisdiction of Japanese Courts,” 267.
83. Article 3-4 (1) of the JCCP.
84. Article 3-4 (2) of the JCCP.

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