18 July
2024
Masato
Dogauchi
Born on 18 December 1955 in
Okayama, Japan.
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At present:
n Professor of Law, Waseda
University, Law School (since 2004)
n Senior Counsel for T&K
Partners (since 2021)
n Professor Emeritus,
University of Tokyo (since 2016)
n
Director,
Chief Arbitration and Mediation Officer of the Japan Commercial Arbitration
Association (JCAA) (since 2018)
Academic
Record and Professional Career
n
1978: B.A.,
University of Tokyo, Faculty of Law
n 1978-1981: Research Assistant, University of
Tokyo, Faculty of Law
n 1982(-1984): Ministry of Foreign Affairs,
Headquarters of Law of the Sea
n 1983-1984: Research Assistant,
Meiji University, Faculty of Law
n
1984-1991: Associate Professor of
Law, University of Tokyo, College of Arts and Sciences
n (1987-1988): Visiting Scholar, University of
Michigan, Law School
n (1988-1989): Visiting Scholar, Columbia University, School
of Law
n 1991-1996: Associate Professor of
Law, University of Tokyo, Faculty of Law,
n 1996-2004: Professor of Law,
University of Tokyo, Faculty of Law
n 2004-2005: Specially Appointed
Professor of Law, Waseda University, Law School.
n 2004-2008: Specially Appointed
Professor, University of Tokyo, 21st Century Center of
Excellence Program on Soft Law
n 2004-2020: Senior
Counsel for Nagashima Ohno & Tsunematsu (Law Office)
n 2005-: Professor
of Law, Waseda University, Law School
n 2016-: Professor
Emeritus, The University of Tokyo
n 2017-: Inspector,
Japan Golf Tour Organization
n 2020-: Outside
Audit & Supervisory Board Member of Development Bank of
Japan Inc.
n 2021-: Senior
Counsel for T&K Partners (Law Office)
Specialties:
n
Conflict
of Laws (Private International Law)
n International Civil
Procedure
n International Trade Law
Public
Activities (past and present)
n Member of Council, Japanese
Association of International Law, since 1997
n
Member
of Council, Private International Law Association of Japan, since 1999, and
President, since 2014
n
Member
of Council, International Law Association, Japan Branch, since 2001
n
Associate
of Institute of International Law, since 2014
n
Member,
Science Council of Japan, since 2011
n
Chief
Executive Officer, Japan Sports Arbitration Agency, since 2003 until 2015
n
Chief
Executive Officer, Japan ADR Association, since 2000 until 2014
n
Member
of the Delegation of the Japanese Government to the Hague Conference on Private
International Law on Jurisdiction and Foreign Judgments Project, since 1994
until 2005 [One of the co-reporters of the Convention of 30 June 2005 on Choice
of Court Agreements];
n
Member
of the International Expert Group on Nuclear Liability (INLEX) of the
International Atomic Energy Agency (IAEA), since 2003 until 2013;
n Member of Legislative
Council on Private International Law, Ministry of Justice, since 1985 until
2015.
Publications
In
addition to books and articles in Japanese,
In English:
n
gConflict
of Laws on Admiralty and Shipping Laws in Japanh, Japanese Annual of
International Law, No.30, pp.1-17(1987);
n
gInternational
Trade in Services from the Japanese Viewpointh, Georgia Journal of
International and Comparative Law, Vol.19, No.2, pp.425-441(1989);
n
gTrans-frontier
Nuclear Civil Liability Without International Conventionsh, Nuclear Inter Jura
'91 (1991);
n
gThe
Amendment of the Vienna Convention: Its Procedural Aspecth, Symposium on
Nuclear Accidents: Liabilities and Guarantees (Conference paper)(1992);
n
gGlobalization
of Dispute Settlement Involving Japanese Companiesh, in H.ODA ed., JAPANESE
COMMERCIAL LAW: IN AN ERA OF INTERNATIONALIZATION, pp.237-247 (1994, Graham
& Trotman Limited);
n
gConcurrent
Litigations in Japan and the United Statesh, Japanese Annual of International
Law, No.34, pp.72-94(1994);
n
gJapanh,
in J. FAWCETT ed., DECLINING JURISDICTION IN PRIVATE INTERNATIONAL LAW,
pp.303-319 (1995, Clarendon Press);
n
gDraft
Articles on the Law Applicable to Contractual and Non-Contractual Obligations
(1) and (2)h, Japanese Annual of International Law, No.39, pp.185-216(1995),
No.40, pp.57-79 1996) (co-author);
n
gThe
Structural Impediments Initiatives: A Model for Dealing with International
Economic Frictionsh, in M.YOUNG and Y.IWASAWA eds., TRILATERAL PERSPECTIVES ON
INTERNATIONAL LEGAL ISSUES: RELEVANCE OF DOMESTIC LAW & POLICY, pp.249-262
(1996, Transnational Publishers, Inc.);
n
gLaw
Applicable to Torts and Copyright Infringement Through the Interneth, JURGEN
BASEDOW and TOSHIYUKI KONO eds., LEGAL ASPECTS OF GLOBALIZATION: CONFLICT OF
LAWS, INTERNET, CAPITAL MARKETS AND INSOLVENCY IN A GLOBAL ECONOMY, pp.49-65
(2000, Kluwer Law International);
n
gJurisdiction
over Foreign Patent Infringement from a Japanese Perspective in Consideration
of the Hague Draft Convention on Jurisdiction and Foreign judgments in Civil
and Commercial Matters as of June 2002h, Japanese Annual of International Law,
No.44, pp.35-59 (2001);
n
gThe
Hague Draft Convention on Jurisdiction and Foreign Judgments in Civil and
Commercial Matters from a Japanese Perspectiveh, Japanese Journal of Private
International Law, No.3, pp.80-118 (2001);
n
gJudicial
Jurisdiction in the Era of E-commerceh, TOSHIYUKI KONO, CHRISTOPH G. PAULUS and
HARRY RAJAK eds., SELECTED LEGAL ISSUES OF E-COMMERCE, pp.127-144 (2002, Kluwer
Law International);
n
gThe
Activities of the Japanese Sports Arbitration Agencyh, International Sports Law
Journal, 2005-1/2, pp.3-7 (2005);
n
gFour-Step
Analysis of Private International Lawh, Recueil
des cours, Vol. 315 pp.9-140 (2005);
n
gExplanatory
Report on the Hague Convention on Choice of Court Agreementsh(with Professor
Trevor Hartley)(2007);
n
gNew
Private International Law of Japan: An Overviewh, Japanese Annual of
International Law, No.50, pp.3-14 (2007);
n
gHistorical
Development and Fundamental Principles of Japanese Private International Lawh
in JUERGEN BASEDOW/ HARALD BAUM/ YUKO NISHITANI eds., JAPANESE AND EUROPEAN
PRIVATE INTERNATIONAL LAW IN COMPARATIVE PERSPECTIVE, pp.27-60 (2008, Mohr Siebeck);
n
gForthcoming
Rules on International Jurisdictionh, Japanese Journal of Private International
Law, No.12, pp.212-224 (2011);
n
gNew
Japanese Rules on International Jurisdiction: General Observationh, Japanese
Yearbook of International Law, Vol.54, pp260-277 (2011);
n
gThe
Aftermath of the Fukushima Dai-ichi Nuclear Accident: How have Japanese Lawyers
been Struggling with Nuclear Damage?h, Japanese Yearbook of International Law,
pp.284-327 (2018);
n
gThe
Aftermath of the Fukushima Dai-ichi Nuclear Accident: Question of Damagesh, The
Flow of Change: Celebrating Twenty Years of the Hochelaga Lectures, pp.197-258
(2018).
In German:
n
gParallele Verfahren in Japan und
den USAh, in A.HELDRICH und T.KONO eds.,HERAUSFORDERUNGEN
DES INTERNATIONALEN ZIVILVERFAHRENSRECHTS, pp.163-184(1994, J.C.B.Mohr).
In French:
n gNote concernant
la nouvelle loi Japonaise
sur la nationaliteh, Revue critique de droit
international prive, tome 75, pp.579-588(1986).
Lectures and Presentations in English
n gInternational Trade in
Services from the Japanese Viewpointh, Conference: Prospects for Multilateral
Agreement on Services and Intellectual Property in the GATT Multilateral trade
Negotiations, April, 1989 (Georgia University, U.S.);
n
gTrans-frontier
Nuclear Civil Liability Without International Conventionsh, International
Nuclear Law Association, 24 September
1991, Bath, U.K.;
n
gThe
Globalization of Japanese Corporations: Problems of Dispute Settlement
Involving Japanese Companiesh, The Fourth Conference on Japanese Law, 5
November 1991, University College London, U.K;
n
gThe
Amendment of the Vienna Convention: Its Procedural Aspecth, Symposium on
Nuclear Accidents --- Liabilities and Guarantees, 2 September 1992, Helsinki,
Finland;
n
gThe
Concurrent Litigations in Japan and the United Statesh,
Japan-Germany-Switzerland Joint Symposium on International Civil Procedure, 13
October 1993, Fukuoka, Japan;
n
gThe
Structural Impediments Initiatives: A Model for Dealing with International
Economic Frictionh, Trilateral Symposium on International Law, 27 July 1994,
Tokyo, Japan;
n
gLaw
Applicable to Torts and Copyright Infringement through the Interneth,
Japan-German Join Symposium, 28 March 1999, Fukuoka, Japan;
n
gJurisdiction
in International Electronic Commerceh, Korean Society of Private International
Law, International Symposium, 20 November 1999, Seoul, Korea;
n
gRecent
Developments of International Commercial Arbitration in Japanh, International
Law Association First Asian-Pacific Regional Conference, 28 May 1995, Taipei,
R.O.C.;
n
gRespect
for the Act of Foreign State: The Validity of Foreign Patentsh, ILPF (Internet
Law & Policy Forum) Symposium, 11-12 September 2000, San Francisco;
n
gPrivate
International Law on Intellectual Property: A Civil Law Overviewh, WIPO Forum
on Private International Law and Intellectual Property, 30-31 January 2001,
Geneva;
n
gPrivate
International Law Aspects of the 1996 WIPO Treatiesh, WIPO Asian Regional
Symposium on the WIPO Copyright Treaty and the WIPO Performances and Phonograms
Treaty and Their Impact on the Copyright Industries, 27-29 March 2001,
Guangzhou, China;
n
gThe
Hague Draft Convention from the Perspective of Japanh, Union Internationale des Avocats (International Association of
Lawyers), Seminar on the Draft Convention on Jurisdiction and Foreign Judgments
in Civil and Commercial Matters, 20-21 April 2001, Edinburgh;
n
gThe
Internet Transactions and the Choice of Law: International Securities
Transactions through Intermediariesh, International Symposium on the Hague
Securities Convention, 12 October 2004, Tokyo, Japan;
n
gFour-Step
Analysis of Private International Lawh, The Hague Academy of International Law,
18-22 July 2005, The Hague, Netherlands;
n
gThe
Gist of the Hague Choice of Court Conventionh and gApplication of the 1965
Service Convention in Japanh The 3rd Asia Pacific Regional Conference of the
Hague Conference on Private International Law, 24 September 2008, Langham Place
Hotel, Hong Kong;
n
gHistorical
Development and Fundamental Principles of Japanese Private International Lawh,
Symposium on Japanese and European Private International Law in Comparative
Perspective, 1 March 2007, Max-Planck Institute, Hamburg;
n
gNew
Japanese Rules on International Jurisdictionh, KB21 Seminar gCurrent Rules and
Legal Issues on International Jurisdiction in Japan and Koreah, 25 February
2010, Seoul, Korea.
n
gPresentation
on the 2005 Hague Convention on Choice of Court Agreementsh, Conference on
International Litigation in the Asia Pacific Region, 23 September 2013, Wuhan,
China.