Appointing and Remunerating Insolvency Practitioners in Japan: The Roles of Japanese Courts

Abstract

Japanese courts play an important role in appointing and remunerating insolvency practitioners. This article examines the roles of courts on the basis of academic and practitioner literature, judicial decisions and interviews with practitioners and former and current judicial officers. First, the article focuses on the methods used to appoint practitioners and the evolution of the system at the Tokyo District Court, Japan’s busiest insolvency jurisdiction. Second, the article examines the courts’ roles in reviewing and setting practitioners’ remuneration through another case study from the Tokyo District Court. Practices trialled and developed in Tokyo are often adapted for local purposes ar..