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Akira Saito

Professor of Kobe University School of Law, Advisor of ONE ASIA LAWYERS

Profile and Expertise

Akira Saito graduated from Kobe University in 1979. After working in Mitsui OSK Lines as a member of car carrier team in the head office, he decided to resume his legal study in the graduate school of Kobe University. After that, he continued his academic exploration in the University of Aberdeen, which, among the jurisdictions of common law, keeps also its distinct tradition of civil law. His thesis on comparative analysis of the duty to mitigate damages led to his receiving LL.M in Scots Law. In 1988, he was selected as one of the founding members of the Law Faculty of Setsunan University, where he taught the law of obligation and international business law. From 1993, he taught in the Faculty of Law, Kansai University as associate professor and then as professor. In 2001, he was appointed as a professor of law in Kobe University. From 2003 to 2008, as Vice Director of CDAMS (Research Centre for Legal Dynamics of Advanced Market Societies of Kobe University), and under the mentorship of Professor Oliver Williamson of UC Berkeley (Nobel prize laureate of 2009), he organized various interdisciplinary research activities of law, economics and other social sciences. He was also Chairperson of LAWASIA Business Law Education Standing Committee (2006~2009) and President of Academy for International Business Transactions (2010~2016). He conducts research and education on current issues in the area of international business transactions, by incorporating interdisciplinary perspectives such as comparative legal analysis and transaction cost economics. Recently, he is also interested in the area of dispute management for international businesses including litigation, arbitration, mediation and other ADRs. He became an advisor to ONE ASIA LAWYERS in 2019.

  • Experience
  • Publications
  • Seminars
  • Newsletter
  • Organizing various international conferences, international educational events and simulation-based training program.

  • Publications (selected)


    Books and Book Chapters:


    (Co-author), Introduction to Econo-Legal Studies (2014) [in Japanese]


    (Editor  and  Co-author),  Horizontal  Legal  Order:  Law  and  Transaction  in Economy and Society (2008) [in English]


    (Editor  and  Co-author),  The  Emergence  of  International  Contracting  Rules (2006) [in Japanese]


    (Editor and Co-author), The Evolution of Party Autonomy in International Private Disputes (2005) [Japanese(Horitsu Bunka Sha)and English (LexisNexis) ]


     (Co-authored), A Commentary on the Uniform Law of International Sale of Goods I (2000) [in Japanese]


    (Co-author), Legal Protection of Intellectual Property II (2000) [in Japanese]


    (Co-author), Legal Protection of Intellectual Property I (1998) [in Japanese]


     


    Academic Papers


    ‘The Rise of International Commercial Courts’, 6 Hanyang Journal of Law, pp.101-135 (2017)


    The Role of Lawyers in Globalizing Market Societies, Ritsumeikan Hogaku, Issues 5-6, pp.1530-1559 (2016) [in Japanese]


    ‘The New Rules of International Civil Jurisdiction in Japan: Changes and Continuities of the Case Law developed by the Supreme Court’, Hanyang Journal of Law, Vol. 1, pp.35~65 (2014) [in English]


    ‘A Review of the Conflicts Law Revolution in the USA as a part of Historical Sketch of the theories and methods of Private International Law’, Kobe University Law Review Vol. 45, pp.15~50 (2011) [in English]


    ‘International Civil Jurisdiction Based on the Place of Performance of Obligation Relating to A Contract’, Japanese Yearbook of International Law Vol. 54 (2011), pp.295 ~ 310. [in English]


    ‘Legal Education for Value Creative Business Lawyers: A Multidisciplinary Perspective towards Globalising Market Societies,’ in Horizontal Legal Order, pp.131-147 (2008) above [in English]


    ‘Global Autonomous Adaptation Process of International Civil Jurisdictions’ The 1st International Conference of RCILA (Hanyang University, Korea):‘Settlement of International Disputes through Arbitration’ ‘Settlement of International Disputes through Arbitration’, pp.47-106(2006)


    ‘Natural Forum Theory’ as Global Common Law: From a viewpoint of Japanese Case Law’, in Evolution of Party Autonomy in International Civil Disputes pp.120-156 (LexisNexis, 2005) [in Japanese]


    ‘New Trends in the Unification of International Business Law’, in International Business Law and Risk Management (2004) [in Japanese]


    ‘The Innovation in English Law of International Civil Jurisdiction’Japanese Yearbook of Private International Law Vol.5, 2003[in Japanese with English Summary]


    ‘Pleading and Proof of Foreign Law in England: A Fundamental and Political Analysis from a viewpoint of Japanese Law’, The Journal of International Law and Diplomacy Vol 101, No2 (2002) [in Japanese with English Summary]


    ‘Contracts as Commodities and the Role of Standard Form Contracts’, Pressing Problems in Modern Civil Law Studies (2001) [in Japanese]


    ‘New Development in the International Unification of Private Law: From a viewpoint of the Innovation in Legislative Technology’, The Law Review of Kansai University Vol. LI, No. 2-3 (2001) [in Japanese]


    ‘The Role of Private Law for Regulating International Business Contracts: From a viewpoint of Legislative Policy’, Yearbook of the Academy for International Business Transactions No3 (2001) [in Japanese]


    ‘A Private International Lawyer’s Memorandum on the Relationship between Internet and Copyright’, Legal Protection of Intellectual Property II (2000) [in Japanese]


    ‘The Theoretical Refinement of Characterisation in Private International Law as a Practical Tool’, Kansai University Review of Law and Policies No20 (1999) [in English]


    ‘Scots Law as a Mixed Law’, Comparative Law Journal No60 (1999) [in Japanese with English Summary]


    ‘The System of Law of Damages for Breach of Contract: A Comparative Study of Scottish Law and Japanese Law’, Setsunan Law Review No.1, pp.1〜69 (1989.2.28)


     

  • Public Lectures and Seminers

    'Creative Industries and "Business and Human Rights": The Issue of Human Rights Violations by Manga Authors in the "Sexy Tanaka-san" Case' Academy for International Business Transactions Western Division (March 24, 2024)

    ‘Recognition and Enforcement of a Foreign Judgment revisited: Is it really a matter of international conventions?’, Asia-Pacific Colloquium of Journal of Private International Law, Doshisha University (December 11, 2018)

    ‘Nature of Wealth of a Matured Market Society from a viewpoint of Industrial Networking’, Keynote Speech, International Conference on Governance and Wealth Management 2018 - Issues on Shariah Compliance (ICGROWTH 2018). Tenera Hotel, Bangi, Malaysia (September 4, 2018)

    ‘The Future of Commercial Courts in the World’, Kobe University Summer School of Asian Law and Dispute Management 2018, Kobe University Graduate School of Law (August 20-24, 2018)

    ‘Governance of Transactions for Sustainable Globalizing Societies’, Keynote Speech, TUANKU JA’AFAR Conference & Workshop 2017: Governance Towards Sustainable Development Goals, in Faculty of Law, National University of Malaysia (November 22, 2017)

    ‘Global Harmonization of Contract Law Version 3.0: Transactional Governance of Complex Business Relationships’, Kobe University Summer School of Asian Law and Dispute Management 2017, Kobe University Graduate School of Law (August 21-25, 2017) 

    ‘Legal Education for Globalizing Market Societies’. Faculty of Law, National University of Malaysia (April23, 2017)

    ‘Mapping the Present Situation of International Dispute Settlement’, UNCITRAL Emergence Conference 2015, University of Macau, China (November 30, 2015)

    ‘Ordering International Business Transaction in Market Societies: or How Values are created by Business lawyers’, (Kobe ASP Center Global Business Law Lecture Series) Faculty of Law, Otgontenger University, Mongolia (September 10, 2014)

    ‘The New Rules of International Civil Jurisdiction in Japan: Changes and Continuities’,
    WonKwang Univ. & HanYang Univ. International Conference The Diverse Versions of International Jurisdiction Clauses: From the EU and East Asian (School of Law, Wonkwang University, Korea (June 28~29, 2014)

    ‘Ordering International Business Transactions: or How Values are created by Business Lawyers’ Conference on International Business Law for Master 2 Commercial Law in University of Paris 13, in ICC, France(March 7, 2012)

    ‘Ordering Business Transactions in Market Societies: Or How the Values are created by Lawyers?’ (Faculty of Law, University of Indonesia)Lawyers?’ Faculty of Law, University of Indonesia (May 12, 2011)

    ‘Legal Education for Value Creative Business Lawyers’ Faculty of Law, Shantou University Law School, China (March. 29, 2010)

    ‘Bringing Up Asian Lawyers in the Next Generation: The Impact of International Moot Arbitration on Asian Civil Law Jurisdictions’, LAWASIA Conference 2008 in Rex Hotel, Ho Chi Minh City, Vietnam (November 10, 2008)

    ‘Value Creation by Business Lawyers’, Lunch Address, LAWASIA 40th Anniversary Conference, in Hotel Intercontinental, Goa, India (October 1, 2006)

    ‘1. Ordering Business Transactions’‘2. International Business and Intellectual Property:From a viewpoint of Transaction Cost’ CDAMS Global Business Law Lectures for Bar Association of Laos, National University of Laos, Vientiane (June 2, 2006)

    ‘Ordering Business Transactions’ CDAMS Global Business Law Lectures: International Islamic University, Malaysia(March 14, 2006)・University of Malaya(March 15, 2006)・International University, Vietnam National University Ho Chi Minh City(March 17, 2006)

    ‘Value Creation by Lawyers in Business Contracting: A Basic Analysis of Legal Mechanisms’ CDAMS Global Business Law Lectures for Bar Association of Ho Chi Minh City, Conference Hall of HCMC Bar, Vietnam(May 29, 2006)

Education/Background

1979: Graduated Kobe University Faculty of Law
1983: Graduated Kobe University LLM
1990: Graduated University of Aberdeen (Scotland) Master of Laws in Scots Law (LL.M.)
1988: Full-time lecturer (tenured) of Civil Law (Contracts and Torts) and International Business Law
1993: Associate Professor of International Business law and Private International Law
Faculty of Law, Kansai University
1999: Professor of International Business law and Private International Law
Faculty of Law, Kansai University
2001: Professor of International Business law, Private International Law and European Law
(to date) Kobe University School of Law
2001: Mediator, Kobe Family Court (to date)
2003~2008: Vice-Director of Research Centre for Legal Dynamics of Advanced Market Societies (CDAMS) Funded by 21st Centre of Excellence Program by MEXT
2006-2009: Chairperson, LAWASIA Business Law Education Standing Committee
2010~2016: President, Academy for International Business Transactions
2018: Advisor, Japan International Mediation Canter (JIMC) Kyoto
2019: Advisor of ONE ASIA LAWYERS

 

Admitted/Professional Experience

    Party Appointed Expert of Law in Litigation in Japanese Courts
    Conciliator, Kobe Family Court
    Consultant to Judges, Kobe Family Court
    Party Appointed Expert of Japanese Law in ICC International Arbitration
    CEDR Accredited Mediator

Languages

English, Japanese, French (reading)

Contact

asaito@kobe-u.ac.jp

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