Dr Koji Takahashi

日本語版はこちら

Professor of Law
Doshisha University Law School (Kyoto, Japan)
e-mail: ktakahas at mail.doshisha.ac.jp (Please change 'at' to @ when sending an e-mail)


Special Interests
International Trade Law, Private International Law, International Civil Procedure, English Law

Previous Appointments

• Lecturer (School of Law, University of Birmingham)(September 2001-September 2003), teaching private international law, international litigation, international sale of goods, contract, and agency.

• Research Fellow (Institute of Maritime Law and Law Faculty, University of Southampton) (September 1999-August 2001) Duties included teaching international trade law (private law aspects of international sale of goods carried by sea and financed by a letter of credit) and conflict of laws in LLB and LLM as well as LLM dissertation supervision.

• Visiting lecturer of Japanese law course in LLM at the School of Oriental and African Studies (SOAS, University of London) (academic year 2000/2001)

• Research Assistant (Institute of Maritime Law, University of Southampton) (September 1998 - August 1999) Duties included assisting the chairman of the drafting group of Incoterms 2000.

• Associate Research Fellow (Institute of Advanced Legal Studies (IALS) (University of London)) (October 1997 - August 1999)

Degrees
LLB, LLM (Kyoto University (Japan)); LLM, PhD (London School of Economics (University of London))


Publications (All in English except those noted otherwise)

Book

• Claims for Contribution and Reimbursement in an International Context: Conflict-of-laws Dimensions of Third Party Procedure (August 2000, Oxford University Press: Monograph Series in Private International Law, 305 pages)

Articles (including articles in a book)

• "Conflict of Laws in Emissions Trading" (in Japanese) 961 (2011) NBL(New Business Law) pp. 10-18, 962 (2011) NBL pp. 72-78, 963 (2011) NBL pp 84-90, 964 (2011) NBL pp. 91-97, 965 (2011) NBL pp. 94-105.

• "Jurisdiction to rule on parental responsibility with respect to a child abducted from abroad: A comment on the ruling of the Yokohama Family Court on 12 January 2010" (in Japanese) 674 (2011-10) Koseki Jiho pp. 48-66.

• Japan's New Act on International Jurisdiction ebook ISBN: 978-1-4660-5756-2 (2011)

• "Jurisdiction over Infringement of Patent: Comment on the Ruling of the Intellectual Property High Court of Japan on 15 September 2010" (in Japanese) 1420 (2011) Jurist pp. 358-360.

• "Foreign Direct Investment Moot: Information, Analysis of the Problem, Challenges for Moots of Similar Kinds"(in Japanese) 57-1 JCA Journal (2010) pp. 28-35.

• "Damages for Breach of a Choice-of-Court Agreement: Remaining Issues" 11 (2009) Yearbook of Private International Law (Sellier) 73-105 <The full text is reproduced with permission from the publisher.>

• "Jurisdiction to set aside a foreign arbitral award, in particular, an award based on an illegal contract: A reflection on the Indian Supreme Court's decision in Venture Global Engineering" 19 (2009) American Review of International Arbitration 173-186 <The full text is reproduced with permission from the publisher.>

• "The Introduction of Article 12(b) in the UCP 600: Was It Really a Step Forward?" 24-6 (2009) Journal of International Banking Law and Regulation (Sweet & Maxwell) 285-287 (Reprinted in 2010 Annual Review of International Banking Law & Practice 324-326) <The full text is reproduced with permission from the publisher.>

• "Walford v. Miles in Japan: lock-in and lock-out agreements in Sumitomo v. UFJ" [2009] Journal of Business Law (Sweet & Maxwell) 166-182 <The full text is reproduced with permission from the publisher.>

• "Damages for Breach of a Choice-of-Court Agreement"in 10 (2008) Yearbook of Private International Law (Sellier) 57-91 <The full text is reproduced with permission from the publisher.>

• "Judicial Decree to Terminate the Validity of Lost Bills of Lading - Usefulness and Jurisdiction-" 39 (2008) Journal of Maritime Law and Commerce 551-569 <The full text is reproduced with permission from the publisher.>

• "Transit Risks in CIF and C&F Contracts: Meaning and Categories" in Woodman and Klippel (ed.) Risk and the Law (Cavendish, 2008) pp 132-145

• "English Law on Disclosure, Unsolicited Offer, and the Suitability Rule in Consumer Contracts" 121 (2008) Bessatsu NBL pp 58-76 (in Japanese)

• "Jurisidiction to Issue a Decree Terminating the Validity of Lost Bills of Lading" (2008 May) KaijihoKenkyuKaishi (a journal of Japan Shipping Exchange) pp 2-27 (in Japanese)

• "Damages for Breach of Jurisdiction Agreement" 9 (2007) Japanese Yearbook of Private International Law pp 104-162 (in Japanese) An English outline is here.

• "Expert Meeting on the Feasibility of a New Convention on the Treatment of Foreign Law" 320 (May 2007) Doshisha Law Review pp 19-46 (in Japanese)

• “Explaining Japanese Law to the Common Law Audience: A Suggested Methodology” 9-1 (2007) World Wide Business Review pp. 311-338 (in Japanese)

• “A Major Reform of Japanese Private International Law" [2006] 2 Journal of Private International Law pp. 311-338

• “The Brussels Convention and Regulation and their English-style Interpretation: Tension between Systematic Coherence and Individual Justice” 314 (June 2006) Doshisha Law Review (A festschrift in the honour of Prof Nisuke Ando on the occasion of his 70th birthday) pp 383-453 (in Japanese)

• "The Timing of Passage of Various Transit Risks in CIF and C&F Contracts " (2005 December) KaijihoKenkyuKaishi (a journal of Japan Shipping Exchange) pp 2-13 (in Japanese)

• "Original Documents in Letters of Credit in the Era of High-Quality Photocopiers and Electronic Presentations"[2005] Annual of the Academy for International Business Transactions pp 166-176 (in Japanese)

• "Original Documents in Letters of Credit in the Era of High-Quality Photocopiers and Printers"[2004] Banking Law Journal pp 613-626

• "Right to Terminate Contracts for the International Sale of Bulk Commodities" [2003] Journal of Business Law pp 102-130 <The full text is reproduced with permission from the publisher.>

• "External Competence Implications of the EC Regulation on Jurisdiction and Judgments [2003] International and Comparative Law Quarterly pp 529-534

• "Foreign Law in Japanese Courts -- A Comparison with the English Approach: Idealism Versus Pragmatism" [2002] Singapore Journal of Legal Studies pp 489-496

• "Jurisdiction in Matters Relating to Contract: Article 5(1) of the Brussels Convention and Regulation" [2002] European Law Review (Sweet & Maxwell) pp 530-550 <The full text is reproduced with permission from the publisher.>

• "The Forum Conveniens Discretion in Third Party Proceedings - PetroleoBrasiliero v Mellitus Shipping -" (2002) 51 International and Comparative Law Quarterly pp127-134

• "Jurisdiction over a Claim for Restitution of Benefits Conferred under a Void Contract: under the Brussels Convention" (In E.J.H.Schrage (Ed) Unjust Enrichment and the Law of Contract, pp 397-404, December 2001, Kluwer)

• "The International Civil Litigation in Europe・[October 2001 (the first in a series)] JCA Journal (journal for the Japan Commercial Arbitration Association) pp 16-19 (in Japanese)
• "Jurisdiction over Direct Action against Sub-Carrier: under the Brussels Convention・(2001) 1 Lloyd's Maritime and Commercial Law Quarterly pp 107-122

• "Right to Terminate Contracts for the International Sale of Bulk Commodities・[May 2000] JCA Journal pp 20-27 (in Japanese)

• "Jurisdiction over a Claim for Restitution of Benefits Conferred under a Void Contract・[September 2000] JCA Journal pp 20-26 (in Japanese)

• "Jurisdiction to Grant an Interim Freezing Order: Anglo- Japanese Comparison" published in 48 (1999) International and Comparative Law Quarterly pp 431-436

• "Jurisdiction to Grant an Interim Freezing Order: Anglo-Japanese Comparison" (February 1999) JCA Journal pp 2-10 (in Japanese)

• "Shareholder Derivative Action in Japan: Safeguards against Abuse" (May 1998) Amicus Curiae pp 31-32

Other Publications

• "Model Answers and Explanatory Notes for Private International Law in the 2010 Japanese National Bar Examination"(in Japanese) Bessatsu Hogaku Seminar (2010) pp. 361-367

• "Model Answers and Explanatory Notes for Private International Law in the 2009 Japanese National Bar Examination"(in Japanese) Bessatsu Hogaku Seminar (2009) pp. 386-390

• Book review for Akira Saito (ed), Evolution of Party Autonomy in International Civil Disputes (LexisNexis, 2005)Japanese Annual of International Law (2007)

Unpublished Works

• Japan's New Act on International Jurisdiction (19 May 2011)

• "Child Abduction to Japan" (Powerpoint file used for presentation as a guest lecturer for a Master 1 course of Professor Marie-Elodie Ancel at the Université Paris-Est Créteil Val de Marne on 16 March 2010 and for a seminar orgnaised by Professor Bertrand Ancel for the Master 2 and the École doctoral at the Université Panthéon-Assas on 9 April 2010).

• Damages for Breach of Jurisdiction Agreement and Arbitration Agreement (Powerpoint file used at a conference at the University of Versailles on 19 January 2010)

• "Recognition and Enforcement of Foreign Judgments in Japan: with a Particular Reference to Australian Judgments" (Powerpoint file used at ANJeL CLE Seminar, 14 Feb 2009, Ritsumeikan Tokyo Office)

• Comment on the consultation paper of the Japanese Ministry of Justice on its draft of a sovereign immunity act (in Japanese) (September 2008)

• Judicial Decree to Terminate the Validity of Lost Bills of Lading (powerpoint file for use at the Society of Legal Scholars Annual Conference, 18 September 2008, London School of Economics)

• Sovereign Immunity from Execution: with an emphasis on the enforcement of arbitral awards (powerpoint file, Summer 2007)

• Enforcement of an Arbitral Award Set Aside at the Seat of Arbitration (powerpoint file, Summer 2007)

Teaching Materials (for my Japanese law school)

Private International Law (in Japanese)
International Civil Procedure (in Japanese)
International Trade Law (in Japanese)
English Private Law

Papers Presented at Conferences

• "Damages for Breach of Jurisdiction Agreement and Arbitration Agreement" (2nd of the conference series "La mondialisation de la procedure civile internationale"at the University of Versailles Saint-Quentin (France) on 19 January 2010).

• "Judicial Decree to Terminate the Validity of Lost Bills of Lading: Effects and Usefulness" (Society of Legal Scholars Annual Conference, 18 September 2008, London School of Economics)"

• "Walford v Miles in Japan: Lock-in and Lock-out Agreements in Sumitomo v UFJ"(ANJeL International Conference, 16 Feb 2008 at Ritsumeikan Law School, Kyoto)

• "Damages for breach of jurisdiction agreement" (in Japanese) (9 October 2006 at the annual conference of the Private International Law Association of Japan, Tokyo)

• "The Japanese version of forum non conveniens: how it differs from the English counterpart and how it seeks to safeguard legal certainty" (10-13 June 2004 at the Conference on International Commercial Arbitration and Dispute Resolution, Center for International Legal Studies, Salzburg)

• "Original Documents in Letters of Credit in the Era of High-Quality Photocopiers and Printers"(13, March 2004 at a conference of the Academy for International Business Transactions, Kobe University, Japan)

• "Transit Risks in CIF Contracts: Meaning and Categories" (27-29 March 2003 at Birmingham-Bayreuth Conference, Bayreuth)

• "Maritime conflict of laws: how far is it a special branch of conflict of laws?" (9 or 10 September 2002 at the conference for the Society of Public Teachers of Law, England)

• "Foreign Law in Japanese Courts: in Comparison with English Approach・(22, 23 July 2002 at the Japanese Law Colloquium, Sydney)

• "Teaching the law, not laws" at the W.G. Hart Workshop - The Changing Work and Organisation of Lawyers: Educational Implications (26th - 28th June 2001)

• "Jurisdiction over a Claim for Restitution of Benefits Conferred under a Void Contract: under the Brussels Convention" at the Bregstein Conference on Unjust Enrichment and the Law of Contract within the context of the European Private Law ( EggensInstituut, University of Amsterdam, the Netherlands) (18-20 October 2000)

Miscellaneous

• Serving as a member of the editorial board of the Journal of Private International Law (since 2005)
• Serving as a member of the advisory board for the Foreign Direct Investment International Moot Competition (2010-2012)