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Civil Procedure in Japan - Third Edition

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Civil Procedure in Japan - Third Edition

Katsu SengokuHiroyuki TezukaMasako Yajima and Akihiro Hironaka contributed to “Civil Procedure in Japan - Third Edition”.

This third edition is intended to serve as a reliable authority in English about Japanese civil proceedings. The original edition was edited by the late Justice Takaaki Hattori and Professor Dan F. Henderson, and has been called “Hattori-Henderson” for decades. The second and third editions of this book were edited by Professor Emeritus Yasuhei Taniguchi, former Professor Pauline C. Reich, and former judge Hiroto Miyake. 

Authors

千石 克

Katsu has over 35 years’ experience working in the area of asset financing and trading transactions (including, structuring, negotiating, documenting and executing transactions). In particular, his practice focuses on aircraft/ship leasing, financing, and trading. He represents a wide range of clients, including leasing companies, banks, trading houses, airlines and investors, and other individuals and entities, and his key clients include a number of Japanese leasing companies, banks, and airlines. Katsu also regularly acts as a moderator and panelist at international conferences.

手塚 裕之

Hiroyuki heads our international dispute resolution practice. He specializes in international commercial litigation, arbitration, and mediation. He has represented many international clients, including multi-national manufacturers, banking and securities firms, insurance companies, and news media in disputes involving M&A, antitrust laws, corporate governance, insurance laws, intellectual property, defamation, joint ventures, licensing, construction, and other commercial matters, as well as international bankruptcy. He has been involved in a number of international arbitrations as counsel, sole arbitrator, and co-arbitrator (including chair) before the ICC, JCAA, AAA-ICDR, VIAC, KCAB, and SIAC.
Hiroyuki serves as Vice President of the Japan Association of Arbitrators and as Chief Director of the Japan International Mediation Center in Kyoto, was Vice Chair of the Arbitration Committee of the IBA Legal Practice Division, and was Co-Chair of the Dispute Resolution and Arbitration Committee at the IPBA from 2016 to 2020. From 2013 to 2016, he taught international arbitration and international dispute resolution at the University of Tokyo, School of Law as a visiting professor. He also served as a member of the International Court of Arbitration of the ICC (with his second term ending in June 2024), and has been a Council Member of the ICC Institute of World Business Law since 2018. In addition, he has been a member of SIAC’s Court of Arbitration since 2013.

矢嶋 雅子

In addition to corporate disputes such as shareholder derivative actions and share purchase demands, she has numerous experiences in technology disputes related to plant accidents, product accidents, patent infringement, system development troubles, etc., soil contamination disputes, insurance disputes including reinsurance, labor disputes, and consumer disputes. Her main publications include "International Arbitration and Corporate Strategy: Bridging Theory and Practice" (Auther, Yuhikaku, 2014), "Current Status of Litigation Procedures and Defense Practice Issues Associated with Corporate Activities in the United States" (co-author, Jurist No. 1474, December 2014), "Overview of Intellectual Property Law (5th Edition)" (co-editor, Kobundo, 2013), "Judgments Concerning M&A, etc. and Directors' Duty of Care in Good Faith" (Jurist supplement, May 2013), "M Judgment on M&A, etc. and Director's Duty of Care" (Juristo, May 2013 issue, "Selection of M&A Reorganization Precedents Effective in Practice"), "Commentary on Appeal Court Decision in Fukuoka Fish Market Shareholders' Representative Suit Case - Parent Company Director's Responsibility for Subsidiary Management and Relief" (co-author, Junkan Shoji Homu No. 1970, July 5, 2012 issue), etc. No. 1970, July 5, 2012), etc. 

弘中 聡浩

Akihiro’s experience covers product liability, contractual claims, mass tort claims, and tax disputes, in various industries, in particular in the pharmaceutical and automotive industries. He has also handled disputes arising from M&A transactions, disputes involving construction sites in Asia, Africa, and the Middle East, and disputes arising from the termination of distribution agreements. He has achieved significant results in international arbitrations, including emergency arbitration proceedings under the rules of the ICC, SIAC, AAA-ICDR, and JCAA. He also advised clients in connection with US civil actions, including class actions, and Japanese judicial assistance for foreign court proceedings.

In one notable case, he successfully defended a Japanese trading company against six large vicarious liability lawsuits, involving claims totaling JPY 48.3 billion, filed by claimants including an affiliate of a US-headquartered investment bank and a US hedge fund. He also recovered JPY 13.3 billion for Shionogi & Co. in an action challenging a tax assessment relating to an in-kind contribution of a partnership interest in a cross-border reorganization for the development of a drug for AIDS. He is currently representing a pharmaceutical company in one of the largest product liability lawsuits in Japan.

He is a graduate of The University of Tokyo (LL.B., 1993) and Harvard Law School (LL.M., 2003), and is licensed to practice law in Japan and New York. He served as a Japanese district court judge from 1998 until 2000, and worked at Arnold & Porter (Washington, D.C.) from 2003 until 2004. He is a Fellow of the Chartered Institute of Arbitrators.

He is the author of various books and articles in the areas of litigation and international arbitration, including Yasuhei Taniguchi et al. eds., Civil Procedure in Japan (contributor, Juris Publishing). He was awarded the "Dispute Resolution Lawyer of the Year" at the ALB Japan Law Awards in 2022.