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 replace 'at' with @ when sending me an e-mail)


Special Interests
International Trade Law, Private International Law, International Civil Procedure, Blockchain and Cryptocurrency Law

Previous Full-time 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.

• 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)

Part-time Appointments

• Adjunct Professor (Michigan State University)(since 2012), teaching international commercial litigation and arbitration (and also international business transactions in 2016) on the intensive summer course.
  • Exam questions in 2012
  • Essay and exam questions in 2013
  • Essay questions in 2014
    

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

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


Publications

Book(monograph)

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

Articles (including articles in a book) (All are in English except those noted "in Japanese".)

• "Forum Necessitatis discussed de Lege Lata and de Lege Ferenda: Drawing Inspiration from the Tokyo District Court Decision on 9 August 2023 on the Division of Inherited Property" (2024) 75-7 Doshisha Law Review pp. 1-36 (in Japanese).

• "Conflict-of-law issues pertaining to tokenization on distributed ledgers" (2023) 25 Japanese Yearbook of Private International Law pp. 225-247 (in Japanese).

• "Blockchain-based Negotiable Instruments: with Particular Reference to Bills of Lading and Investment Securities" in Andrea Bonomi, Matthias Lehmann, and Shaheeza Lalani (eds), Blockchain and Private International Law (Brill, 2023) pp. 494-528.

• "Conflict of Laws in the Proprietary Restitution of Blockchain-based Crypto-Assets" in Dai Yokomizo, Yoshizumi Toji, Yoshiko Naiki (eds), Changing Orders in International Economic Law: A Japanese Perspective (Volume 2) (Routledge, 2023) pp. 38-47.

• "Law Applicable to Proprietary Issues of Crypto-Assets: with perspectives from Japanese law" (2023) 74-7 Doshisha Law Review pp. 23-57 (in Japanese).

• "Law Applicable to Proprietary Issues of Crypto-Assets" (2022) 18-3 Journal of Private International Law pp.339-362.

• "Collective Redress" in Paul Beaumont and Jayne Holliday (eds) A Guide to Global Private International Law (Bloomsbury, 2022) pp. 433-447 (co-authored with Zheng Sophia Tang).

• "Foreign Exclusive Choice-of-Court Agreement: the 'with Respect to Particular Legal Relationships' Requirement and the Public Policy Exception in Connection with the Anti-Monopoly Act" (a Commentary on the Tokyo High Court Judgment on 22 July 2020)  in Shin-Hanrei Kaisetsu Watch (2022) (in Japanese).

• “Putting the Principle of Severability in the Dock: An Analysis in the Context of Choice of Law for Arbitration and Jurisdiction Agreements” in Andrew Dickinson and Edwin Peel (eds) A Conflict Of Laws Companion (2021) pp. 139-173.

• "Interpretation of the Electronic Signature Act: with a Particular Focus on Server-based Signatures (Remote First-Person Signatures and Third-Party Signatures)" (2021) 73-2 Doshisha Law Review pp. 251-264 (in Japanese).

• "Exclusion of Arbitral Procedure from the Scope of Public Policy Scrutiny as a Measure to Curb Due Process Paranoia: A Proposal under the UNCITRAL Model Law" (2021) 29-3 Michigan State International Law Review pp. 571-583.

• "Smart Contract and the Role of Law" (2021) 49-6 Kokusai Shoji Home (International Business Law and Practice) pp. 768-771 (in Japanese).

• "Country Report: Japan" in Franco Ferrari, Friedrich Rosenfeld and Dietmar Czernich (eds) Due Process as a Limit to Discretion in International Commercial Arbitration (2020) (Kluwer) Ch.12, pp. 251-264.

• "Prescriptive Jurisdiction in Securities Regulations: Transformation from the ICO (Initial Coin Offering) to the STO (Security Token Offering) and the IEO (Initial Exchange Offering)" (2020) 45 Ilkam Law Review pp.31-50.

• "Enforcement of Mediated Settlement Agreements under the Singapore Convention and the UNCITRAL Model Law: An Argument for the Opt-In Model" in Christian Campbell (ed.) International Mediation: The Comparative Law Yearbook of International Business (Special Issue 2020) (Kluwer) pp. 63-83.

• "Legal Issues Arising From the Use of Blockchains for the Dematerialization of Negotiable Instruments: with a Particular Focus on Bills of Lading and the UNCITRAL Model Law" (2020) 5 Yearbook of the Japanese Association of International Business Law pp. 24-39 (in Japanese with an English abstract).

• "Japan: Quests for Equilibrium and Certainty" in Mary Keyes (ed.) Optional Choice of Court Agreements in Private International Law (2020) (Springer) pp. 261-272.

• "'Due process paranoia' from the Perspectives of Japanese Law: Case Law and Prescription" (2019) 746 JCA Journal 13-18 (in Japanese)

• "Prescriptive Jurisdiction in Securities Regulations and ICOs (Initial Coin Offerings)" (2019) 117-4 Journal of International Law and Diplomacy pp. 1-25 (in Japanese) (An English abstract is here).

• "Optional Choice-of-Court Agreements under Japanese Law" (2019) Japanese Reports for the XXth International Congress of Comparative Law (ICCLP Publications No. 14)  pp. 100-106.

• "Cryptocurrencies Entrusted to an Exchange Provider: Shielded from the Provider's Bankruptcy?" in Charl Hugo (ed.) Annual Banking Law Update 2018: Recent Legal Developments of Special Interest to Banks pp. 1-21.

• "Application of Anti-Monopoly Act and Exclusive Choice-of-Court Agreement in Favour of Foreign Courts': a case comment of the judgment of Tokyo District Court on 6 October 2016" (2018) 1518 Jurist 310-311 (in Japanese)

• "Blockchain and Online Dispute Resolution" APEC (Asia-Pacific Economic Cooperation) 2018/SOM1/EC/WKSP2/017.

• "Blockchain and Smart Contract for Contract Management (Dispute Prevention, Generation and Resolution)" APEC (Asia-Pacific Economic Cooperation) 2018/SOM1/EC/WKSP2/005.

• "Blockchain Technology for Letters of Credit and Escrow Arrangements" (2018) 135-2 Banking Law Journal 89-103.

• United Nations Commission on International Trade Law (ed.) Modernizing International Trade Law to Support Innovation and Sustainable Development (United Nations, 2017): "Implications of Blockchain Technology for the UNCITRAL Works" pp. 81-94.

• "International Dimensions of Unmasking Anonymous Online Infringers of Personality Rights" (2015/2016) 17 Yearbook of Private International Law 181-208 (reproduced in Aline Beltrame de Moura (ed.) O Direito Internacional Privado Europeu: entre a harmonização e a fragmentação (2020) pp. 67-94) .

• "Blockchain Technology and Electronic Bills of Lading" (2016) 22 Journal of International Maritime Law pp. 202-211.

• Conditional exclusive choice-of-court agreement and the dismissal of proceedings on the ground of 'special circumstances': a case comment of the judgment of Kyoto District Court on 29 January 2015" (2016) 1488 Jurist 140-143 (in Japanese)

• "Law Applicable to Choice-of-Court Agreements" 58 (2015) Japanese Yearbook of International Law pp. 384-396.

• "The Jurisdiction of Japanese Courts in a Comparative Context" 11 (2015) Journal of Private International Law pp. 103-127.

• "Comment on Dallah v. Pakistan: a case in which the outcome of the application of "transnational principles" differed between, on the one hand, the arbitral tribunal and the court requested to vacate the award and, on the other, the court requested to enforce the award, concerning whether an arbitration agreement signed by a trust was binding on the State which had created the trust." 61-10 (2014) JCA Journal pp. 26-34 (in Japanese).

• "Public Policy Screening of the Rates of Interest Imposed by Law on the Late Payment of Foreign Judgments" (2013) 65-4 Doshisha Law Review pp. 1-13 (in Japanese).

• "Challenges Facing Investment Arbitration" (July 2013) Business Law Journal (in Japanese)  pp. 112-117.

• "Overview of Investment Arbitration" (June 2013) Business Law Journal (in Japanese) pp. 110-116.

• "Compliance with Japanese Public Policy of a Californian Maintenance Judgment Awarding 10% Rates of Interest and the Californian Renewal of Judgment: A comment on the ruling of the Tokyo District Court on 28 March 2011" (in Japanese) 698 (2013-6) Koseki Jiho pp. 31-38.

• "Motion for Dismissal Based on Arbitration Agreement in Cross-Border Disputes on Individual Employment Relations" (A comment on the Tokyo District Court Decision on 15 February 2011) 1450 (2013) Jurist  pp. 128-131(in Japanese).

• "Autonomy of Arbitration Agreement and Choice-of-Court Agreement: Re-evaluation in Choice-of-Law Context" 147-3 (2012) Minsho-ho Zasshi (in Japanese).pp. 255-285.

• "Arbitrability and Validity of Arbitration Agreement in Cross-border Disputes Arising from Individual Employment Relations: Reflections on the Process for Determining the Applicable Laws and the Application of Article 4 in the Annex of the Japanese Arbitration Act" (2012) 59-12 JCA Journal pp. 10-19 (in Japanese).

• "Freezing (Mareva) Injunctions and Asset Disclosure Orders in England" (2012) 64-3 Doshisha Law Review pp. 39-78 (in Japanese).

• "The Governing Law of Arbitration Agreement and its Form" (A comment on the Tokyo District Court Decision on 21 December 2010) 45-2 Shiho Hanrei Remarks (2012) pp. 122-125 (in Japanese)

• "Jurisdiction Agreement" (A comment on the Japanese Supreme Court Decision on 28 November 1975) Kokusai Shiho Hanrei Hyakusen (Japanese Casebook on Private International Law) (2nd ed., 2012) (in Japanese) pp. 200-201

• "Review of the Brussels I Regulation: A Comment from the Perspectives of Non-Member States (Third States)" (2012) 8 Journal of Private International Law pp. 1- 15.

• "Regulation of the European Parliament and of the Council on the Law Applicable to Contractual Obligations (Rome I Regulation): with Particular Focus on the Principal Changes from the Rome Convention" (2012) 63-6 Doshisha Law Review pp. 1-46 (in Japanese. An English summary is here).

• "Conflict of Laws in Emissions Trading" (2011) 13 Yearbook of Private International Law pp. 145- 163.

• "Japan's Newly Enacted Rules on International Jurisdiction: with a Reflection on Some Issues of Interpretation" (2011) 13 Japanese Yearbook of Private International Law pp. 146- 170.

• "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) (Now also available free at http://papers.ssrn.com/sol3/papers.cfm?abstract_id=2189684)

• "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 pp. 73-105.

• "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 pp. 173-186.

• "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, pp. 285-287 (Reprinted in 2010 Annual Review of International Banking Law & Practice pp. 324-326).

• "Walford v. Miles in Japan: lock-in and lock-out agreements in Sumitomo v. UFJ" [2009] Journal of Business Law pp. 166-182.

• "Damages for Breach of a Choice-of-Court Agreement"in 10 (2008) Yearbook of Private International Law pp. 57-91.

• "Judicial Decree to Terminate the Validity of Lost Bills of Lading - Usefulness and Jurisdiction-" 39 (2008) Journal of Maritime Law and Commerce pp. 551-569.

• "Transit Risks in CIF and C&F Contracts: Meaning and Categories" in Woodman and Klippel (eds.) 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 summary 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 (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.

• "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 pp. 530-550 (Cited by Advocate General Opinion (12 January 2010) in Wood Floor Solutions v Silva Trade and by Advocate General Opinion (27 January 2009) in Falco Privatstiftung v Weller-Lindhorst).

• "The Forum Conveniens Discretion in Third Party Proceedings - Petroleo Brasiliero v Mellitus Shipping -" (2002) 51 International and Comparative Law Quarterly pp. 127-134

• "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" 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

• "Japanese Private International Law in Contract" Presentation for a seminar at the University of Johannesburg (26 September 2018)

• "Jurisdiction and Choice-of-Law Questions Arising in the Process of Unmasking Anonymous Online Authors" Presentation for the plenary session of the 10th Anniversary of the Journal of Private International Law Conference (University of Cambridge, 3-5 September 2015) 

• "Tort: A Japanese perspective" Presentation for a meeting of the Asian Principle of Private International Law (November 2013 at Doshisha University)

• "Overview of Japanese Legal System" (prepared for presentation to the Danish Parliamentary delegation on 7 March 2013 at Doshisha University Law School)

• "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)

Membership of editorial or advisory board

• A member of the editorial board of the Journal of Private International Law (since 2005)
• A member of the advisory board (2010-2015) and the academic review board (2018 - 2020) for the Foreign Direct Investment International Moot Competition.