Dr. Kazuaki Nishioka

Kazuaki is a principal of the Anselmo Reyes KK and a specially appointed associate professor at Kobe University, Japan. Since obtaining his PhD, he has been lecturing and conducting research into Japanese, Swiss, EU and ASEAN law on business-related issues in a wide range of areas, especially competition law, private international law, and cross-border dispute resolution.

Kazuaki has also been engaged in international commercial arbitration as tribunal secretary and expert/expert assistant.

Kazuaki is the co-author of the book Japanese Private International Law (Hart, 2021) (with Professor Yuko Nishitani from Kyoto University). He is an assistant editor of Hart’s series on Studies in Private International Law – Asia. He has also contributed chapters for their thematic volumes, including Recognition and Enforcement of Judgments in Civil and Commercial Matters (Reyes ed, 2019), Direct Jurisdiction: Asian Perspectives (Reyes and Lui eds, 2021), and Choice of Law and Recognition in Asian Family Law (Reyes, Lui, and Nishioka eds, 2023).

•  Doctor of Laws, Doshisha University, Japan (2017)
•  Master of Laws, Doshisha University, Japan (2014)
•  Bachelor of Laws, Doshisha University, Japan (2011)

As Tribunal Secretary – Representative matters include:

• THB14mm claim, SIAC Arbitration: Assisted Professor Anselmo Reyes as Tribunal Secretary in a dispute between Thai and Japanese companies regarding breaches of a know-how license agreement and a trademark license agreement.
• EUR83mm award, ICC Arbitration: Assisted Professor Anselmo Reyes as Tribunal Secretary in a case involving PRC and Ukrainian companies regarding a series of breaches of banking guarantees.
• US$99mm award, ICC Arbitration: Assisted Professor Anselmo Reyes as Tribunal Secretary in a dispute between PRC/HK companies and companies in various jurisdictions regarding a breach of a facility agreement and guarantee agreements.
• US$11mm award, SIAC Arbitration: Assisted Professor Anselmo Reyes as Tribunal Secretary in a dispute between Singaporean and UK companies regarding a series of breaches of the supply of coking coal.
• US$50mm claim, SIAC Arbitration: Assisted Professor Anselmo Reyes as Tribunal Secretary in a case involving BVI company and a Vietnamese national regarding a breach of representations and warranties under a share purchase agreement.

As Expert/Expert Assistant,

• Assisting a professor in drafting an expert opinion on Japanese contract law.

Published over 30 works on private international law and dispute resolution matters in Japanese and English languages. Representative works:

• A. Reyes, W. Lui and K. Nishioka, Choice of Law and Recognition in Asian Family Law (Hart, 2023)
•  K. Nishioka, Treatment of Foreign Law in Asia (Hart, 2023)
•  K. Nishioka, ‘The Enforcement of Cross-border Competition Law Claims in Asia-Pacific and Choice of Forum Agreements: Private Litigation or Arbitration?’, Journal of Antitrust Enforcement, Vol. 10, Issue 2 (2022), pp. 279-302.
•  K. Nishioka, ‘How Can International Arbitration in Japan Take Flight?’, Journal of Japanese Law/ Zeitschrift für Japanisches Recht, Vol. 27, No. 53 (2022), pp. 255-270.
•  K. Nishioka and Y. Nishitani, Japanese Private International Law (Hart, 2021)
•  K. Nishioka, ‘Set-off Defense in Actions Seeking an Enforcement Judgement’, Bessatsu Juristo, No. 256 (2021), Yuhikaku, pp. 202-203.
•  K. Nishioka, ‘Choice of Court Agreements and Derogation from Competition Law’, Journal of Private International Law, Vol. 16, Issue 2 (2020), pp. 300-319.
•  K. Nishioka, ‘New York Convention and Competition Law Claims – Law Applicable to the Arbitrability and Public Policy’, Kokusaiho Gaiko Zasshi, Vol. 118 No. 4 (2020), pp. 49-73. (In Japanese)

Spoke at conferences and seminars on private international law and dispute resolution matters in Japanese and English languages. Recent talks include:

• ‘Artificial Intelligence and Commercial Dispute Resolution from a Japanese Perspective’, Khaitan & Co Endowment Lecture on “Artificial Intelligence and Commercial Dispute Resolution” organised by O.P. Jindal Global University (India) (August 2024)
• ‘Recent Developments in Japanese Arbitration Law’, Recent Developments in International Commercial Arbitration organised by Istanbul University Faculty of Law and Centre for Research in International Law and International Relations (Istanbul, Türkiye) (April 2024)
• ‘Smart Contracts and Private International Law’, International Conference – Contract Law in Digital Environment: Legal Comparative and Dispute Settlement, (Malang, Indonesia/online) (October 2023)
• ‘Treatment of Foreign Law and Future Developments in Asia – What the Future Might Hold?’, Session VII of APILA Conference (Kyoto, Japan) (December 2022)
• ‘The Treatment of Foreign Law in Asian Jurisdictions’, Session 3 of the Future of Private International in Asia organised by Doshisha University Research Centre for International Transaction and Law (RECITAL) (March 2022)
• ‘Issues in Japanese Private International Law’, Session 2 of the Future of Private International in Asia organised by Doshisha University Research Centre for International Transaction and Law (RECITAL) (March 2022)
• ‘Cross-Border Enforcement of Competition Law: From a Japanese Perspective’, International Seminar on Cross Border Enforcement of Competition Law, Brawijaya University, Faculty of Law (Malang, Indonesia) (September 2019)
• ‘Choice of Court Agreements and Derogation from Competition Law: from a Japanese Perspective’, Centre du droit de l’entreprise de l’Université de Lausanne (Lausanne, Switzerland) (May 2019)

Research Grant:

• Suenobu Research Grant (Overseas Research Fellowship) Jun. 2022 – Mar. 2023
  – JPY3mm: ‘An Empirical Study of Infrastructure of Swiss International Arbitration with A View to Revitalising International Arbitration in Japan’
• Grant-in-Aid for Research Activity Start-up by Japan Society for the Promotion of Science (Pl: Kazuaki NISHIOKA, No. 17H07238) Aug. 2017 – Sep. 2018
  – JPY2.4mm: ‘Competition Law Claims and Private International Law Issues in International Arbitration’

Awards:

• Swiss-Japan Scholarship Fund by Swiss Chamber of Commerce and Industry in Japan and Swiss-Japanese Chamber of Commerce (Apr. 2021 – May 2022)
• Swiss Government Excellence Scholarship (Post-doctorate) (Sep. 2018 – Aug. 2019)
  – Research Theme: ‘Cross-Border Litigation in Competition Law: The Impact of Choice of Court Clauses and Arbitration Agreements’

Memberships:

• Japan Association of International Economics Law (2015 – Present)
• Japanese Society of International Law (2015 – Present)
• Private International Law Association of Japan (2014 – Present)
• Academy for International Business Transaction (2014 – Present)