Deutsches Institut für Japanstudien
Jochi Kioizaka Bldg. 2F
7-1 Kioicho, Chiyoda-ku
Tokyo 102-0094, Japan
Tel: 03 – 3222 5198, Fax: 03 – 3222 5420
The presentation will be given in English. Since the event is a brown bag seminar, feel free to bring your own lunch and drinks. The joint DIJ Business & Economics – and Social Science Study Group is intended as a forum for young scholars and Ph.D. candidates in the field of Business and Economics – and Social Science Studies. Everybody is welcome to attend, but kindly asked to register with firstname.lastname@example.org
The Business Judgment Rule in Japan and its Reception
2016年2月17日 / 12時半～13時半
In Japan and Germany the likelihood that managers face a lawsuit claiming a breach of their duty of care (German: Sorgfaltspflichtverletzung, Japanese: zenkanchuuigimuihan) significantly increased over the last two decades. The severe liability laid out by the law (depending on the jurisdiction, e.g. liability for all forms of negligence, high amounts of damages, only limited possibilities for waivers and settlements, along with the dangers arising out of hindsight bias by the judiciary and the often rather unfavorable burden of proof) finally turned into painful reality.
The US originating Business Judgment Rule (Ger.: unternehmerisches Ermessen, Jap.: keieihandangensoku) seems to be the perfect remedy as it promises to alleviate the severe liability by its safe harbor allowing the managers to take risk in favor of their companies.
At this seminar Jesco Lindner will give an overview on how courts in Japan apply the Business Judgment Rule. He will explain the different prerequisites to be met by the management by looking at several cases. Further, he attempts to explain how the Business Judgment Rule fulfills its function with regard to the alleged breach of duty of care. Since the Business Judgment Rule operates to some extent differently from the US and German counterparts he will then look on various factors that influenced the reception and development of the Business Judgment Rule in Japan (e.g. role of the judiciary, procedural system, cultural aspects).
Jesco Lindner’s research focuses on corporate law as well as IP law. He currently is a doctoral candidate at Goethe University Frankfurt, Germany. After graduation from Freiburg University he underwent legal training in Düsseldorf.