“The Vis Moot in Japan: Tips and Tricks for Participants”
Japanese Law and the Asia-Pacific
by Luke Nottage
1M ago
This hybrid-format 14 February 2024 seminar in Tokyo was planned primarily by the “Japan Arbitration Club” formed recently among younger arbitration experts and afficionados, led by Carlotta Bruessel (now with Nishimura & Asahi, Japan’s largest law firm, and previously working in Canberra and Sydney) who also moderated this seminar. My co-panellists included Eriko Kadota, now ..read more
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ANJeL “Team Australia” 2nd again in INC Negotiation & Arbitration Moot!
Japanese Law and the Asia-Pacific
by Luke Nottage
1M ago
Congratulations to University of Sydney Law School LLB and JD students Michelle Chen Daniel Hu, Kim Nguyen and Sean Yalcinkaya. They combined with other students mostly from ANU to form “Team Australia”, which again came second in the INC negotiation  and arbitration competition held over 9-10 December 2023 in Japan (this time pipped by UTokyo ..read more
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ANJeL “Team Australia” 2nd again in INC Negotiation & Arbitration Moot!
Japanese Law and the Asia-Pacific
by Luke Nottage
2M ago
Congratulations to University of Sydney Law School LLB and JD students Michelle Chen Daniel Hu, Kim Nguyen and Sean Yalcinkaya. They combined with other students mostly from ANU to form “Team Australia”, which again came second in the INC negotiation  and arbitration competition held over 9-10 December 2023 in Japan (this time pipped by UTokyo ..read more
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Cross-Fertilisation in International Commercial Arbitration, Investor-State Arbitration and Mediation: The Good, the Bad and the Ugly?
Japanese Law and the Asia-Pacific
by Luke Nottage
4M ago
[This is the title of the 6th Annual ADR Address for the Supreme Court of New South Wales, co-organised by the Australian Disputes Centre, which I will present on 2 November 2023. The public lecture includes several comparisons to developments in Japan and other Asian countries. Registration and other information regarding this lecture event, including ..read more
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Arbitration and Sports Law (Baseball) Dispute Resolution in Australia and Japan
Japanese Law and the Asia-Pacific
by Luke Nottage
6M ago
As part of the Japanaroo suite of events, ANJeL is delighted to coordinate at Sydney Law School the two free public seminars below, both including a strong comparative focus on Japan and Australia, and involving a former Chief Justice of Victoria. One on Thursday 21 September compares arbitration’s historical trajectory (hybrid-format seminar, including two ANJeL program convenors based abroad – register via https://law-events.sydney.edu.au/events/intarbitrationaujp). The second on Friday 22 September compares sports law and dispute resolution (generally and with baseball as a major case study ..read more
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Comparing “Consumer Law in New Zealand”
Japanese Law and the Asia-Pacific
by Luke Nottage
7M ago
[This is a draft of a Review Essay of a new edition textbook, comparing mainly developments in Australia. The Trans-Tasman developments in consumer law can be usefully compared to those in Asia including Japan, which Prof Souichirou Kozuka and I recently compared with Australia.] Kate Tokeley and Victoria Stace (eds) Consumer Law in New Zealand (3rd ed 2022, LexisNexis NZ Ltd, Wellington) lxxii + 769pp This rich and authoritative textbook deserves a wide readership among researchers, practitioners and policy-makers also beyond New Zealand, especially in Australia – but potentially too across A ..read more
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Japanese Imperial Decoration for former NSW Chief Justice Bathurst
Japanese Law and the Asia-Pacific
by Luke Nottage
7M ago
ANJeL is delighted to join in congratulating its member and longstanding supporter the Hon Tom Bathurst AC KC, former Chief Justice of New South Wales and now King’s Counsel with 6 Selbourne Wentworth Chambers, for being awarded recently this year a very high Honour from the Emperor on the advice of the Japanese Government. Very few jurists have been accorded this Honour, but among them are French law reform advisor and professor Gustave Emile Boissonade (1825–1910) and former High Court of Australia justice the Hon Michael Kirby AC CMG (awarded in 2017). Photos from the conferment ceremony, a ..read more
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Investment Arbitration, Corruption and Illegality: Korea
Japanese Law and the Asia-Pacific
by Luke Nottage
9M ago
Guest blog by: Prof Joongi Kim (Yonsei University) [Ed. note by Luke Nottage: Below is the Abstract for Prof Kim’s chapter on Korea for Teramura, Nottage and Jetin (eds) Corruption and Illegality in Asian Investment Arbitration (forthcoming in Springer’s Asia in Transition series), presented at the UBD conference on 29 May 2023 supported by CAPLUS. There are interesting parallels with the chapter on Japan, but also some significant differences, notably more inbound (and outbound) treaty-based investor-state dispute settlement (ISDS) arbitration cases, fewer treaty provisions expressly urging h ..read more
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History of International Arbitration in Japan
Japanese Law and the Asia-Pacific
by Luke Nottage
10M ago
[This is the Introduction to a draft chapter written with ANJeL-in-ASEAN Convenor Asst Prof Nobumichi Teramura, for a book being edited by Lars Markert et al on International Arbitration in Japan] Arbitration has had quite a long modern history in Japan, including a fascinating inter-state dispute that arose in 1872 (Part 2 below). The first arbitration legislation, modelled on German law, was enacted in 1890 and survived for over a century (Part 3). In 1961, Japan also became one of the first states in Asia, indeed world-wide, to ratify the 1958 New York Convention on the Recognition and Enfo ..read more
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Japan’s International Investment, Evolving Treaty Practice and Arbitration Related to Corruption and Illegality
Japanese Law and the Asia-Pacific
by Luke Nottage
1y ago
Written by: Luke Nottage and Nobumichi Teramura# Abstract: This article forthcoming in 55 Journal of Japanese Law (mid-2023), part of an interdisciplinary book project on Corruption, Illegality and Asian Investment Arbitration, addresses for Japan the difficult practical and policy question facing arbitration tribunals when a foreign investor claims mistreatment by a host state but the latter alleges that the investment was tainted by corruption or other similar serious illegality. By way of background, Japan emerged from the 1980s as a leading exporter of foreign direct investment (FDI). Yet ..read more
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