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March 31, 2025Hokengakuzasshi (JOURNAL of INSURANCE SCIENCE)Open Access

Division of English and Japanese Laws in Governing Law Clauses of Japanese Cargo Insurance Policies

Yoshiaki Nomura

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Key Points

The aim is to clarify the impact of the 2019 governing law clause changes on Japanese cargo insurance policies.
Review of scholarly opinions and court cases
Analysis of the 2019 amended governing law clause
Comparative examination of previous and current legal interpretations
The substance-based designation theory lost credibility compared to earlier interpretations.
The notification obligation's governing law is explicitly stated to be Japanese law.
Increased understanding costs for Japanese policyholders due to changes from UK law's flexible rules.

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Implication

Analysis shows shifts in governing law interpretation in Japanese cargo insurance, suggesting a need for updated practices.

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Cite This Study

Yoshiaki Nomura (2025) studied this question.

synapsesocial.com/papers/69b64c67b42794e3e660dabb https://doi.org/10.5609/jsis.2025.668_137

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