>>357 3 Can foreign judgments be enforced in your jurisdiction where there is not a convention or treaty or other arrangement, e.g. under the general law?
Ans: Yes. A final and binding judgment of a foreign court is recognised and effective in Japan if it meets all the requirements set forth in Article 118 of Japan’s Code of Civil Procedure. In addition, a foreign judgment may be enforced by obtaining an execution judgment (Article 22, item (vi) and Article 24 of the Civil Execution Act of Japan).
6 If applicable, what is the procedure for enforcement of foreign judgments under the general law in your jurisdiction?
Ans: A creditor who seeks to enforce a foreign judgment in Japan must file an action for an execution judgment for the foreign judgment with a competent court in Japan (i.e., the district court having jurisdiction over the location of the general venue of the debtor, or, if there is no such general venue, with the district court having jurisdiction over the location of the subject matter of the claim or the seizable property of the debtor) (Article 24 of the Civil Execution Act of Japan). After obtaining such an execution judgment and it becomes final and binding, it is recognised as a title of obligation as an integral part of the foreign judgment (Article 22, item (vi) of the Civil Execution Act). In addition, it is generally understood that such an execution judgment may be accompanied by a declaration of provisional execution and the judgment with a declaration of provisional execution is enforceable before it becomes final and binding.
Then, the creditor can file for compulsory execution based on this title of obligation in the same way as for a domestic judgment.
