Accumulated Index to Articles (Nos 1 - 64)

Arbitral Award

Bareboat Charter

• The "TOMOE 6" - Unpaid and Deducted Hire - Termination - Damages for Breach of Contract - Redelivery Condition/ 21 - 12

Bill of Lading

• The "SEMARANG" - Vessel Sunk - Unseaworthy under Japan COGSA - Identity of Carrier - "Default" Judgment/ 13 - 30
• Delivery of Cargo without Production of B/L - Dispute between Carrier and Charterer over Voyage Charter - Who is Responsible for Demanding Single L/G?/ 34 - 1
• Dispute over Carrier's Liability for Cargo Damages - Time Bars under Combined Transport Bill of Lading/ 34 - 9

Contract of Affreightment

• The "TENSHO" - Cargo Lost through Shipwreck - Master's Negligence/ 5 - 1
• The "SEMARANG" - Vessel Sunk - Unseaworthy under Japan COGSA - Identity of Carrier - "Default" Judgment/ 13 - 30

Contract for Sale

• The "CHIHAYASAN" - Non-fulfilment of Contract - Damages/ 3 - 1
• The "NAMISHIMA" - Penalty for Non-Performance of Contract/ 4 - 29
• The "MEITAI" - Seaworthiness/ 6 - 14
• The "FONLEY" - Buyer's Failure to Pay Instalments - Cancellation by Seller - Liquidated Damages/ 7 - 11
• The "WORLD KIM" - Vessel under Timecharter - Compensation/ 9 - 9
• The "SUMOTO" - Coating of the Bottom prior to Inspection - Cancellation - Refund of Deposit/ 11 - 24
• The "KYUDAI" - MOA Subject to Import Licence - Import Licence not Granted - Refundment of Advance/ 14 - 11
• The First Ever Arbitration under the SCAP Rules - Award issued in 2 months for release of deposit/ 39 - 27
• Summary of TOMAC Arbitration "STAR ISLAND" - Sale of ship －NIPPONSALE 1993－ Construction of MOA Clause 5－
  Whether alleged defect was an 'average damage affecting her present class'/ 58 - 13
• TOMAC Arbitration Award (Case no. 2015013/2015016)
• - What can sellers claim where buyers don’t take over the vessel under NIPPONSALE 1993?－/ 62 - 20

Duress

• Non-performance and Delay in Building 3 New Ships - Buyers Brought Arbitration Proceedings Claiming Damages - Agreement Made during Procedure to Withdraw Claims - Whether Agreement Reached under Duress/ 38 - 14
• Non-performance and Delay in Building 3 New Ships - Buyers Brought Arbitration Proceedings Claiming Damages - Agreement Made during Procedure to Withdraw Claims - Whether Agreement Reached under Duress/ 38 - 14

Interlocutory Award

• The "SUN RIVER" - Arbitral Body and Place of Arbitration - "Domicile-of-Respondent" Principles/ 11 - 36

Insurance

• International arbitration claiming for insurance calls and premiums / 56 - 10

Operation Agreement

• The "SHIMADA No. 5" - Minimum Guaranteed Freight/ 3 - 9

Shipbuilding Contract

• The "S540" - Oil Crisis - Request for Price Hike - Cancellation - Damages/ 9 - 21
• Serious Delay in Construction - Negotiation over Price and Delivery Date - Termination of part of Contract - Whether Instalments Over-paid - Arrears - Lost Hire/ 31 - 1
• Non-performance and Delay in Building 3 New Ships - Buyers Brought Arbitration Proceedings Claiming Damages - Agreement Made during Procedure to Withdraw Claims - Whether Agreement Reached under Duress/ 38 - 14
• Arbitral Award of Dispute arising under Shipbuilding Contract
• ・Relationship between warranty for defects and the liability for imperfect performance
• ・Interpretation on warranty for defects provided for in the subject contract /55 - 1

Time Bar

• Dispute over Carrier's Liability for Cargo Damages - Time Bars under Combined Transport Bill of Lading/ 34 - 9

Time Charter

• The "ANTO" - Unsafe Port - Off Hire/ 1 - 20
• The "HIROZURU" - Non-Delivery of Vessel - Damages/ 5 - 7
• The "OGI NO. 11" - Delay of Newbuilding - Compensation/ 6 - 18
• The "NISSHIN" and "NIKKEI"- Disbursements - Whether Allowances for Crew be Deducted/ 6 - 24
• The "GREEN LAKE" - Unseaworthiness - Non-payment of Hire - Withdrawal of Vessel/ 9 - 1
• The "LEE WANG ZIN" - "Fit for Ordinary Cargo" - Holds with Rust - Bauxite Carriage- Deduction of Cleaning Cost/ 12 - 21
• Dispute over Lost Deadfreight and Expenses to Shipper - Arising under Fixture Note of Time Charter - Master's Right to Refuse Additional Cargo for Safe Navigation/ 34 - 14
• The M/V "GII" : Dispute over Non-delivery of Vessel on Time Charter - Vessel needed dry-docking for repairs for 7 months due to breakdown of bulkhead during discharge on a previous voyage - Whether charterers entitled to damages - Whether vessel was unseaworthy - Whether master/crew were at fault - Whether owners owed duty to exercise reasonable diligence to deliver vessel before the cancelling date - Whether such duty would extend to previous voyages/ 41 - 1
• LPG Carrier "SG" : Disputes over Termination of Time-charter - Vessel built under strict supply regulations and also on condition of long-term charter - Whether Charter lawfully terminated - Whether good faith and trust violated - Whether charterers pressing by abuse of their dominant position - Measure of damages/ 42 - 12
• TOMAC Arbitrations: Stevedore Damage or Charters' Breach of Contract?/ 47 - 3
• TOMAC Arbitrations: Shifting Berth due to Bad Weather - Whether to save Life and Property or to have Vessel's Repair carried on?/ 47 - 6
• Summary of TOMAC Arbitration: Charterers’ responsibility for damages to engine arising from fuel oil/ 54 - 5

Voyage Charter

• The "JOLLY" - Claim for Demurrage and Dead-Freight/ 1 - 1
• The "GUNN" - Responsibility for Collapse of Mainmast/ 1 - 12
• The "ALMA" - Cost of Repair of Damage - Demurrage/ 2 - 1
• The "BRISBANE BREEZE" - Calculation of Freight for Carriage of Logs/ 2 - 15
• The "BELOCEAN" - Discrepancy between Quantities Reported and Actually Loaded/ 3 - 17
• The "ISABEL ERICA" and "NANCY DEE" - Stevedore Damage - Agency Fee - Tally Charges/ 3 - 22
• The "MARIA ROSELLO" - Dead-Freight - Demurrage/ 4 - 1
• The "NINA" - Failure to Deliver Vessel - Damages/ 4 - 15
• The "UNION STAR" - Stevedore Damage - Demurrage - Shut-Out of Cargo/ 4 - 19
• The "BLUE SHARK" - Stevedore Damage - Whether Ordinary Wear and Tear/ 5 - 14
• The "JUDY" - Stevedore Damage - Demurrage and Despatch - Shortage of Cargo/ 6 - 1
• The "GOOD PHILIPPINE ANCHORAGE" - Demurrage - Shippers' Refusal to Load - Arrest/ 6 - 9
• The "YUSHUN" - Qualification of Charterers' Agent - Cancellation - Demurrage - Damages for Detention/ 7 - 16
• The "SUN RIVER" - Gencon C/P - Outbreak of Iran-Iraq War - Interrupted Nightwork - Demurrage/ 11 - 42
• The "UNION CARIBBEAN" - Failure to Provide Cargo - Substitute Voyage - Dead Freight - Demurrage/ 13 - 15
• Delivery of Cargo without Production of B/L - Dispute between Carrier and Charterer over Voyage Charter - Who is Responsible for Demanding Single L/G?/ 34 - 1
• The M/V "JM": Dispute over Late Arrival of Cargo on Voyage Chartered Vessel - Whether owners committed a deviation - Whether date of arrival agreed - Whether owners at fault - Burden of proving that charterers incurred loss by way of damages for late delivery of cargo to consignees - Japanese Carriage of Goods by Sea Act 1992/ 41 - 12
• Summary of TOMAC Arbitration: - Warranty or Due Diligence to Nominate a Safe Berth under US Law/ 50 - 18
• Charter Party for the M.V." ABC" - Consignee refused to accept the hardened cement cargo - Costs incurred in removing cargo - Freight and demurrage/ 51 - 7

Arbitration Procedure

• Arbitration Procedure/ 6 - 28
• Course of the Arbitration System of JSE/ 7 - 2
• Guide to Maritime Arbitration, Mediation, Appraisal, etc./ 8 - 29
• Disclosure of Candidates for Arbitrators and Creation of Simplified Arbitration System/ 12 - 1
• How to Make Use of Tokyo Maritime Arbitration/ 13 - 1
• Arbitration by TOMAC (I)/ 16 - 1
• Internal Aspects of JSE's Arbitration and Documentary Work/ 19 - 10
• International Arbitration in Japan in the 1990s/ 21 - 1
• TOMAC Moves for Online Arbitration - Tokyo Maritime Arbitration commission of the Japan Shipping Exchange, Inc Put into Force its New Arbitration rules on 1 September 2001/ 43 - 3
• Arbitration Law Study Group Revises Draft Text of Arbitration Law/ 45 - 3
• Recent Development in Arbitration in Japan/ 48 - 1

Arbitration Rules

• Maritime Arbitration Rules of JSE (as of 13 September, 1962)/ 1 - 43
• Maritime Arbitration Rules of JSE (amended 24 November, 1964)/ 2 - 45
• Maritime Arbitration Rules of JSE (amended 4 December, 1967)/ 5 - 43
• Maritime Arbitration Rules of JSE (amended 16 July, 1969)/ 6 - 34
• Rules of Appraisal, Certification, etc., of Maritime Matters of JSE (as of 13 September, 1962)/ 1 - 56
• Rules of Appraisal, Certification, etc., of Maritime Matters of JSE (amended 28 May and 24 November, 1964)/ 2 - 59
• Rules of Appraisal, Certification, etc., of Maritime Matters of JSE (amended 11 August, 1972)/ 8 - 51
• TOMAC of JSE Revised its Arbitration Rules/ 33 - 9
• The Rules of Maritime Arbitration of The Japan Shipping Exchange, Inc. [Ordinary Rules]/ 33 - 10
• The Rules of Simplified Arbitration Procedure [Simplified Rules]/ 33 - 23
• The SCAP Rules for Small Claims - TOMAC put into force the Rules of the Small Claims Arbitration Procedure on 10 February 1999/ 38 - 1
• The Rules of Tokyo Maritime Arbitration Commission (TOMAC) of The Japan Shipping Exchange, Inc. [Ordinary Rules] (last amended 15th June, 2001, in force 1st September, 2001)/ 43 - 4
• The Rules of Simplified Arbitration of TOMAC [Simplified Rules] (last amended 15th June, 2001, in force 1st September, 2001)/ 43 - 16
• The Rules of the Small Claims Arbitration Procedure (SCAP) of TOMAC (last amended 15th June, 2001, in force 1st September, 2001)/ 43 - 20
• The Rules of Arbotration of Tokyo Maritime Arbitration Commission (TOMAC) of The Japan Shipping Exchange, Inc. [Ordinary Rules] (last amended 25th November, 2003, in force 1st March, 2004)/ 48 - 5
• The Rules of Simplified Arbitration of TOMAC [Simplified Rules] (last amended 25th November, 2003, in force 1st March, 2003)/ 48 - 19
• The Rules of the Small Claims Arbitration Procedure (SCAP) of TOMAC (last amended 25th November, 2003, in force 1st March, 2004)/ 48 - 22
• The Rules of Arbotration of Tokyo Maritime Arbitration Commission (TOMAC) of The Japan Shipping Exchange, Inc. [Ordinary Rules] (last amended 10th February, 2010, In force 1st April, 2010)/55 - 17

Conciliation

• An LPG Tanker's Compliance with SOLAS - Allocation of Modification Costs - Damages for Late Redelivery/ 21 - 41
• JSE's New Rules of Conciliation/ 24 - 18
• The Japan Shipping Exchange, Inc Conciliation Rules/ 26 - 1

Court Judgment

• Defect of Principal Contract and Effect of Arbitration Agreement (July 15, 1975, SC)/ 9 - 37
• Validity of Foreign Exclusive Jurisdiction Agreement (November 28, 1975, SC)/ 9 - 37
• Maritime Lien over Ship in respect of Claims by Seafarers (October 28, 1977, Osaka HC)/ 9 - 40
• Collision - "SHOEI MARU" v "SHINKO MARU" (12 August, 1983, Osaka DC)/ 14 - 1
• "VESSEL NO. 209" - Sale of New Ship - Sold to Other Buyers - Validity of Contract (30 May, 1986, Tokyo DC)/ 17 - 6
• Agent's Liability in Tort in Delivery of Cargo without Production of Bs/L(20 July, 1987, Kobe DC)/ 18 - 1
• Insurance paid to Bareboat Charterer - Demand of Refund by Owners - Jurisdiction - (28 July, 1987, Tokyo DC)/ 18 - 9
• Arbitration Clause in Agency Contract - Contract Terminated - Governing Law (25 August, 1988, Tokyo DC)/ 18 - 20
• The "JASMINE" - Vessel under Time Charter - Bill of Lading Singed for the Master - Validity of the Demise Clause (19 March 1991, Tokyo DC)/ 22 - 1
• The "JASMINE" - Bill of Lading Singed for the Master - Validity of the Demise Clause (24 February 1993, Tokyo CA)/ 27 - 1
• Enforcement of an Arbitral Award - Whether Refusal to Party's Request for Access to What Witness Told Constitutes Grounds for Setting-aside - Deficient Reasons to the Award - Error of Law (29 September 1993, Kobe DC)/ 30 - 1
• Enforcement of Chinese Arbitral Award - Whether Compliance with Chinese Civil Procedure Code Needed (Okayama DC, 14 July 1993)/ 31 - 10
• The Sky Reefer - Enforceability of Foreign Arbitration Clauses in COGSA Governed Bills of Lading (US Supreme Court, 19 June 1995)/ 32 - 1
• Recent Legal Developments and Important Issues in Japan/ 32 - 38
• The Identity of the Carrier under a Time Charter in Japanese Law (The Jasmine Case)/ 33 - 1
• The Camfair - The Enforceability of a Demise Clause in a Bill of Lading under Japanese Law/ 36 - 9
• The Jasmine - The Identity of the Carrier under a Contract Evidenced by Bills of Lading (SC, 27 March 1998)/ 37 - 1
• The Enforcement of the Arbitration Agreement under Japanese law/ 39 - 1
• The Enforcement of Foreign Arbitral Awards in Japan/ 40 - 1
• The Law of Damages/ 40 - 19
• Japanese Interim Measures of Protection Available to Parties to Arbitration/ 42 - 1
• The "Sea Empress" Prosecution/ 42 - 21
• Summary of a judgment Concerning Arbitration Agreement and Substantive Claim before Court/ 57 - 17
• Resolution of Oil Pollution Cases in Japan under the International Compensation System/ 57 - 1
• The Manufacturer’s Product Liability for Self-Heating Substances and Self-Reactive Substances under IMDG Code - "NYK Argus" -Tokyo High Court Judgment on 29th October 2014-/ 60 - 22
• Judgment: Japanese court jurisdiction over its insolvency law issues despite London arbitration clause/ 61 - 1
• The Ocean Victory - Was it simply an abnormal occurrence ?/ 63 - 11
• The governing law of Maritime Lien under Japanese practice/ 64 - 17

Issue Ruling of JSE

• Computation of Demurrage/ 1 - 35
• Relation between Computation of Laydays and Bad Weather while Waiting for Berth/ 1 - 38
• Effect of Seamen's Strike on Calculation of Laytime, etc./ 2 - 23
• Computation of Laytime - Rain during Fixed Laytime - Stevedores not On Board/ 2 - 40
• Effect of Seamen's Strike on Calculation of Laytime, etc./ 8 - 1

Law and Convention

• Arbitration Procedure as in the Code of Civil Procedure of Japan/ 1 - 58
• Application of New York Convention by Japanese Courts/ 10 - 1
• Practical Aspects of Recognition and Enforcement in Japan of Foreign Arbitration Award/ 10 - 24
• Outline of Special Measures Law concerning the Handling of Legal Business by Foreign Lawyers/ 15 - 48
• Special Measures Law concerning the Handling of Legal Business by Foreign Lawyers (1 April, 1987)/ 16 - 5
• The Japan-United States Consular Convention (obtaining evidence in Japan)/ 15 - 29
• Revision of the Japanese Carriage of Goods by Sea Act/ 24 - 16
• Revision of Japanese COGSA - Adoption of the Hague-Visby Rules/ 25 - 1
• The Japanese Carriage of Goods by Sea Act, 1992/ 25 - 9
• Carriage of Goods by Sea Act 1992/ 25 - 38
• Q & A on Carriage of Goods by Sea Act 1992/ 26 - 72
• Hague-Visby Rules - International Convention - Hamburg Rules/ 26 - 30
• The Recent Developments in Chinese Maritime Law/ 32 - 16
• Recent Legal Developments and Important Issues in Japan/ 32 - 38
• "Foreign Lawyers Law" - Effective from 1 September 1996, foreign lawyers became eligible to represent parties in international arbitrations in Japan/ 35 - 6
• The Revised Code of Civil Procedure Came into Force as from January 1, 1998/ 36 - 40
• Amendments to "Foreign Lawyers Law" (as from 13 August 1998)/ 37 - 32
• The Enforcement of the Arbitration Agreement under Japanese law/ 39 - 1
• Privity of Contract - English Law Yields at Last/ 39 - 28
• Revision of U.S. COGSA - Will it pave the way to a multimodal convention?/ 39 - 33
• The Enforcement of Foreign Arbitral Awards in Japan/ 40 - 1
• The Law of Damages/ 40 - 19
• The Contracts (Rights of Third Parties) Act 1999 Came into Force/ 40 - 38
• Enforcement of International Arbitration Awards in Hong Kong/ 41 - 26
• The PRC's New Maritime Procedure Law/ 41 - 33
• Japanese Interim Measures of Protection Available to Parties to Arbitration/ 42 - 1
• Uberrimae Fidei under Chinese Law/ 42 - 33
• Crimes on Ships and the Criminal Jurisdiction of Calling Port countries - Legal Implications of the Tajima Case in Japan/ 47 - 10
• Arbitration Law (Law No. 138 of 2003)/ 48 - 27
• The New Rule in Japan - Compulsory Entry to P&I Club/ 49 - 1
• The Outline of the Japanese Maritime Law/ 49 - 12
• Recent Reforms in Japanese Company Law/ 50 - 9
• Requirement for Entry to Japanese Ports - "Compulsory P&I Insurance" - Conparison with Bunker Oil Pollution Convention 2001/ 52 - 9
• Overview of Japanese Maritime Law/ 52 - 14
• The Legal Nature of a Time Charter under Japanese Law. To Be or Not To Be/ 54 - 10
• Japanese Maritime Law for Oil Pollution/ 56 - 1
• Resolution of Oil Pollution Cases in Japan under the International Compensation System/ 57 - 1
• Reflections of the Amendment of the Code of Civil Procedure on the Maritime Collision Cases in Japan/ 58 - 1
• Developments in the Revision of the Transportation Law and Maritime Commerce Law in Japan/ 60 - 1
• Developments in the Revision of the Maritime Commerce Law in the Japanese Commercial Code/ 60 - 5
• The Revision of the Transport Law and the Maritime Commerce Law in the Commercial Code of Japan/ 61 - 12
• An Influence of Japanese Civil Code Reform upon the Current Bill of Lading Transactions/ 62 - 1
• Rules for International Jurisdiction Related to Maritime Matters in Japan./ 63 - 20
• The amendment to the provision for valuable goods exemption in the Commercial Code of Japan/ 64 - 1
• Revision of the Commercial Code of Japan on Collision, Salvage and General Average/ 64 - 7

Opinion

Arbitration/Conciliation

• Application of New York Convention by Japanese Courts/ 10 - 1
• Practical Aspects of Recognition and Enforcement in Japan of Foreign Arbitration Award/ 10 - 24
• Arbitration Clause in a Charterparty without Nominating a Specific Arbitration Organization/ 10 - 18
• Jurisdiction of Arbitration Panel over Limitation of Shipowner's Liability under Japanese Law/ 10 - 31
• Appointment of Arbitrators in Arbitration in Tokyo and their Neutrality/ 10 - 35
• Indefinite Arbitration Fee Disturbs the Promotion of Arbitration System/ 10 - 38
• Drafting Arbitration Clauses Designating Tokyo as Arbitration Site/ 11 - 1
• Is the Importance of Maritime Arbitration in the Order of London, Tokyo, New York?/ 12 - 14
• Recent Developments in Arbitration Schemes in Japan/ 13 - 12
• Importance of the Advice of English Lawyers in Tokyo Arbitration/ 20 - 1
• International Arbitration in Japan in the 1990s/ 21 - 1
• Who Should Represent Parties in Arbitration in Japan/ 22 - 20
• Some Current Topics of Interest in New York Arbitration/ 22 - 56
• Quest for a Rational and Proper Method for the Publication of Arbitral Awards/ 24 - 20
• Trends in Tokyo Maritime Arbitration and the Launching of a Conciliation System/ 25 - 23
• The Training of Arbitrators in Hong Kong/ 25 - 31
• Maritime Arbitration in China/ 26 - 21
• Sources of Law Relating to Maritime Arbitration in Japan/ 29 - 7
• The Incorporation and Effect of Arbitration Clauses in Maritime/Shipping Contracts/ 29 - 19
• Conciliation or Mediation during the Arbitral Process - Is it Possible? How should it be done?-/ 30 - 1
• The Enforcement of the Arbitration Agreement under Japanese law/ 39 - 1
• The Scope of Arbitration Clauses in International Commercial Contracts/ 39 - 20
• The Enforcement of Foreign Arbitral Awards in Japan/ 40 - 1
• Mediation as a Pre-stage to Arbitration - Is it the way ahead of ADR in Japan?/ 41 - 17
• Japanese sentiment, Today & Tomorrow - Society of Envy - TOMAC goes Electronic - 8th and 9th Co-operation Agreement/ 43 - 1
• Japanese Sentiment, Today & Tomorrow - TOMAC as an ADR Body with Longest History in the World - First Ever Arbitration under the "Internet Rules"/ 44 - 1
• Inquisitorial Approach in Dispute Resolution - A Japanese way to mete out justice/ 44 - 8
• The Arbitration Agreement and Appointment - Latest Developments/ 45 - 19
• Developing Trends in Dispute Resolution/ 45 - 28
• Dispute Resolution/ 45 - 34
• Resolving Shipping Disputes under an Adversarial System - An English Perspective/ 45 - 40
• Japanese Sentiment, Today & Tomorrow - Bill of Arbitration to be put before Diet to Repeal the Hundred-year Old Regime - TOMAC and CMAC Renew Co-operation Agreement/ 46 - 1
• The Society of Maritime Arbitrators, Inc. - Recent Developments and Some Observations/ 46 - 32
• Japanese Sentiment, Today & Tomorrow - New Law of Arbitration Promulgated-what's needed next?/ 47 - 1
• Who Is A Party? - Case of the Non - Signatory/ 50 - 1
• Declaratory Relief in Japanese Arbitration/ 52 - 1

Arrest/Lien

• How to Arrest Unregistered Ships in Japan/ 12 - 9
• Arrest of Ships in Japan/ 15 - 2
• Procedure for Arrest and Attachment of Vessels in the United States/ 15 - 9
• Arrest and Release of Vessel and Maritime and Possessory Liens under Japanese Law/ 20 - 10
• Obtaining Security for Maritime Claims Survey in Japan/ 22 - 29
• Enforcing Liens on Cargo and Subfreights in the United States/ 22 - 71
• Canadian Maritime Law New Developments/ 28 - 5
• The Arrest of Ships in China/ 32 - 24
• The Laemthong Pride - Arrest of Surrogate Ships in Australia/ 38 - 30
• Japanese Interim Measures of Protection Available to Parties to Arbitration/ 42 - 1
• Some Unique Characteristics of Canadian Law considering Priorities to the Proceeds from the Judicial Sale of a Vessel/ 44 - 25
• Piercing the Corporate Veil Concerning Arrest of Ship in Japan/ 49 - 6
• US Choice of Law Clause in Bunker Supply Contract and Maritime Lien/ 59 - 8
• The Costs for a ship arrest in Japan/ 61 - 24

Bill of Lading

• Legal Problems in case of Cargo Delivery without Surrender of B/L/ 11 - 12
• Identification of the Carrier on the Bill of Lading and Validity of the Demise Clause under Japanese Law/ 28 - 6
• The Camfair - The Enforceability of a Demise Clause in a Bill of Lading under Japanese Law/ 36 - 9
• Judicial Decree to Terminate the Validity of Lost Bills of Lading/ 53 - 22

Casualty

• Logic Drifting in the Appellate MCIA/ 21 - 8
• Environmental Liabilities Ensuing from Ship Ownership/Time Charter by Demise under Japanese Law/ 27 - 16
• Conversion Dates and Interest Rates in Collision, Cargo Claims and Marine Insurance Cases/ 31 - 16
• The "Sea Empress" Prosecution/ 42 - 21
• The Starsin - Or the Beginning of the Demise of the Demise Clause/ 44 - 25

Contract

• Good Faith and Reasonableness in Relation to Representations/ 36 - 1
• Maritime Law Lectures - Shipbuilding Contracts - Some Common Problems/ 37 - 7
• The Law of Damages/ 40 - 19

Corporate Management

• Sanko Steamship has successfully emerged from its reorganisation plan/ 38 - 9

Damages

• The Law of Damages/ 40 - 19
• Total Loss of Ship Arising From Collision at Sea/ 59 - 1

Disasters

• Higashi Nihon Great Earthquake, Massive Tsunami and Shipping Industry/ 57 - 12

Enforcement

• Matters of Comity and Enforcement of Foreign Judgments and Awards in Japan/ 15 - 34
• Matters of Comity and Enforcement of Foreign Judgments and Awards/ 15 - 41
• The Enforcement of the Arbitration Agreement under Japanese law/ 39 - 1
• The Enforcement of Foreign Arbitral Awards in Japan/ 40 - 1

Evidence

• Obtaining Evidence in the United States and Japan: Proper Procedures for Deposition/ 15 - 18,23
• The Burden of Proof and Allegations of Unseaworthiness When a Vessel Disappears in Calm Sea/ 24 - 32

Finance

• Ship Financing in China - Some Legal and Practical Issues/ 32 - 29

Hong Kong

• Hong Kong Special Administrative Region - How does it affect the shipping industry?/ 35 - 1
• Enforcement of International Arbitration Awards in Hong Kong/ 41 - 26

Liability/Indemnity

• Limitation of Liability/ 26 - 9
• Environmental Liabilities Ensuing from Ship Ownership/Time Charter by Demise under Japanese Law/ 27 - 16
• Assessment of Loss and Damage for Tort Claims under Japanese Law/ 29 - 1
• The Implied Indemnity for Loss of Round Logs Carried on Deck under NANYOZAI and BEIZAI Forms and the Unenforceability of Express Undertakings in Side Letters of Indemnity/ 30 - 33
• Breaking Tonnage Limitation of Liability/ 36 - 26
• The Aegean Sea - The Right of Charterers to Limit their Liability/ 37 - 33
• The Law of Damages/ 40 - 19
• The "Sea Empress" Prosecution/ 42 - 21
• Marine Liability Act of Canada - Short Comparison of Maritime Liability Regimes in Canada and United States/ 43 - 33
• The Shipowner's Death of Seaman by Suicide and Quarrel Assault/ 44 - 3
• Current Japanese Case Law on Carrier's Liability for Cargo Loss/ 45 - 1
• The Shipper's Liability toward Third Parties Imposed on Shipment of Dangerous Goods - Analysis on the "NYK Argus" [2013](Tokyo High Court Hanrei-Jihou Vol.2181, p.3)/ 59 - 17
• Multiple Proceedings for Limitation of Shipowners’ Liability/ 63 - 1

Marine Insurance

• The Impact on Marine Insurance from Japan's New Multi-Modal Transportation Act of 1989/ 24 - 1
• Comparison of a Subrogation Claim between Japanese Law and English Law/ 24 - 10
• The Burden of Proof and Allegations of Unseaworthiness When a Vessel Disappears in Calm Sea/ 24 - 32
• Limitation of Liability/ 26 - 9
• Environmental Liabilities Ensuing from Ship Ownership/Time Charter by Demise under Japanese Law/ 27 - 16
• The New Japanese Hull Insurance Conditions - an Overview/ 28 - 1
• Some Recent Developments in Safe Ports Law/ 28 - 39
• The Implied Indemnity for Loss of Round Logs Carried on Deck under NANYOZAI and BEIZAI Forms and the Unenforceability of Express Undertakings in Side Letters of Indemnity/ 30 - 3
• Conversion Dates and Interest Rates in Collision, Cargo Claims and Marine Insurance Cases/ 31 - 16
• Uberrimae Fidei under Chinese Law/ 42 - 33
• Subrogation under Chinese Law/ 47 - 21
• Non-disclosure and Fraudulent Disclosure under Japanese Insurance Law and Practice/ 53 - 11

Maritime Law

• Developments of the Japanese Maritime Law in 1980s (I)/ 19 - 1
• Developments of the Japanese Maritime Law in 1980s (II)/ 20 - 4
• Developments of the Japanese Maritime Law in 1980s (III)/ 22 - 40
• Canadian Maritime Law New Developments/ 28 - 53
• Sources of Law Relating to Maritime Arbitration in Japan/ 29 - 7
• The Sky Reefer - Enforceability of Foreign Arbitration Clauses in COGSA Governed Bills of Lading (US Supreme Court, 19 June 1995)/ 32 - 1
• The Recent Developments in Chinese Maritime Law/ 32 - 16
• Recent Legal Developments and Important Issues in Japan/ 32 - 38
• The Identity of the Carrier under a Time Charter in Japanese Law (The Jasmine Case)/ 33 - 1
• The Camfair - The Enforceability of a Demise Clause in a Bill of Lading under Japanese Law/ 36 - 9
• The Jasmine - The Identity of the Carrier under a Contract Evidenced by Bills of Lading (SC, 27 March 1998)/ 37 - 1
• Maritime Law Lectures - Shipbuilding Contracts - Some Common Problems/ 37 - 7
• The Aegean Sea - The Right of Charterers to Limit their Liability/ 37 - 33
• The Laemthong Pride - Arrest of Surrogate Ships in Australia/ 38 - 30
• The Enforcement of the Arbitration Agreement under Japanese law/ 39 - 1
• The Scope of Arbitration Clauses in International Commercial Contracts/ 39 - 20
• Privity of Contract - English Law Yields at Last/ 39 - 28
• Revision of U.S. COGSA - Will it pave the way to a multimodal convention?/ 39 - 33
• The Enforcement of Foreign Arbitral Awards in Japan/ 40 - 1
• The Law of Damages/ 40 - 19
• Japanese Interim Measures of Protection Available to Parties to Arbitration/ 42 - 1
• The "Sea Empress" Prosecution/ 42 - 21
• Uberrimae Fidei under Chinese Law/ 42 - 33
• Preliminary Issues - Vintage Wine in Old Bottles/ 43 - 25
• Laytime and Demurrage/ 45 - 9
• The Conundrum of the Role and Jurisdiction of U.S. Bankruptcy Courts in Admiralty Cases/ 50 - 21
• Recent Developments and Changes in Japanese Maritime Laws/ 53 - 1
• End of Conundrum or Beginning of Conundrums? - FIOST after Japan’s Maritime Law Reform/62 - 9

Miscellaneous

• Aim of American Lawyers' Access to Tokyo/ 15 - 43
• CIArb Entry Course to Open in Tokyo/ 45 - 49
• Congratulatory remarks delivered Mr. Takao Kusakari - JAA celebrated the approval from the Minister of Justice/ 51 - 1

Oil Pollution

• The Practical & Legal Considerations Regarding the Cost of Oil Spills/ 32 - 51
• The "Sea Empress" Prosecution/ 42 - 21
• Resolution of Oil Pollution Cases in Japan under the International Compensation System/ 57 - 1

Representation

• Good Faith and Reasonableness in Relation to Representations/ 36 - 1

Safe Port

• Some Recent Developments in Safe Ports Law/ 28 - 39

Seaworthiness

• The Burden of Proof and Allegations of Unseaworthiness When a Vessel Disappears in Calm Sea/ 24 - 32

Salvage

• Salvage and Salvage Agreement in Japan / 56 - 1

Tax

• Tax Haven – Is it a real haven ?/ 54 -1

Time Charter

• Deductions from Time Charter Hire/ 38 - 22

Transportation

• In re Oil Spill by the AMOCO CADIZ off the Coast of France/ 17 - 1
• Multimodal Transport/ 19 - 21
• The Impact on Marine Insurance from Japan's New Multi-Modal Transportation Act of 1989/ 24 - 1
• The "Sea Empress" Prosecution/ 42 - 21
• Freight Forwarders - Can it be a Shipper?/ 51 - 3

Standard Form of JSE

• Arbitration Agreement and Arbitration Clause/ 1 - 41
• Arbitration Agreement, Arbitration Clause and Application for Arbitration/ 8 - 59
• Memorandum of Agreement for Ship Sale ("NIPPONSALE 1965")/ 3 - 35
• Log Charterparty "NANYOZAI 1967"/ 5 - 21
• Drafting of Forms of Maritime Contracts/ 6 - 31
• Drafting of Standard Forms of Maritime Contracts/ 7 - 8
• Contract of Affreightment for Coastal Cargo/ 7 - 27
• Iron Ore Charterparty "NIPPONORE 1972"/ 8 - 11
• Towage Contract "NIPPONTOW 1972"/ 8 - 25
• Coal Charterparty "NIPPONCOAL 1983"/ 10 - 41
• Note on JSE's Combined Transport Bill of Lading/ 15 - 59
• Multimodal Transport/ 19 - 21
• Notes on BEIZAI (American Logs/Lumber) Charterparty ("BEIZAI 1991")/ 25 - 65
• Notes on MEMORANDUM OF AGREEMENT ("NIPPONSALE 1993")/ 27 - 21
• "NIPPONGRAIN" - The Documentary Committee of the JSE issued in March 1997 the Nippon Grain Charter Party for the US/Japan wheat trade/ 35 - 38
• "NANYOZAI 1997" - The Documentary Committee of JSE remodelled in October 1997 its Nanyozai Charter Party into an A4-size Box Layout Form/ 36 - 37
• "NIPPONSALE 1999" (Ship Sale Form) - The Documentary Committee of the JSE issued in November 1999 the Memorandum of Agreement for Ship Sale/ 40 - 30
• Amended Salvage Agreement (No Cure - No pay) with Special Remuneration Clause ("JSE 2007")/ 52 - 17
• Amended Salvage Agreement (No Cure - No pay) Clause 14 (Arbitration) was amended on 14 December, 2007)/ 53 - 26

Editorial & Book Review

• Outside Pressure/ 32 - 68
• Calmness/ 33 - 28
• Harmony/ 34 - 24
• Seniority/ 35 - 44
• To Compromise or Not to Compromise/ 36 - 40
• Integrity/ 37 - 38
• Service/ 38 - 38
• Legal Systems and Behaviour/ 40 - 37
• Harvey Williams "Chartering Documents" 4th edition/ 41 - 39