Kobe University School of Law 2021

Kobe SALAD Online 2021 Spring Program
Kobe University Seminars on Asian Law and Dispute Management Online 2021 Spring

Time Schedule [all the seminars will be delivered via Zoom]【Seminar 1】 ‘Compliance’ as Internal Control Activities

Feb 13 (Sat): 14:00~17:00 (JLT)【Seminar 2】 Seminar on International Commercial Arbitration Feb 20 (Sat): 14:00~17:00 (JLT)【Seminar 3】UK Private International Law in the Age of Post Brexit
Feb 27 (Sat): 17:00~18:30 (JLT)【Seminar 4】Towards Constructive Legal Studies: Legacy of Prof Oliver Williamson
Mar 6 (Sat): 14:00~17:00 (JLT)【Seminar 5】Kobe/SIMI Workshop on International Commercial Mediation
Mar 20/21 (Sat/Sun): 14:00~18:00 (JLT)

Registration
Please send the email to ‘ law-gmap-admin@edu.kobe-u.ac.jp’ oncluding the following information:
Full name; Nationality; Email address; University name (and affiliated faculty/school/institution)
Attending [1] all of the seminars: or [2] only some seminars (number of the seminars to attend)+ Zoom information will be sent directly to you via email.

Certificate of Regular attendanceThis program is designed for the students in Asia who are interested in law, business andother related areas of social sciences. The Certificate of Regular Attendance will be given tothe participants who attend more than four seminars in the above program.

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【Seminar 1】 February 13 (Sat): 14:00~17:00 (JLT: Japan Local Time)‘Compliance’ as Internal Control Activities
Mr. Yoshiki Uchida (President, MDP Business Advisory, Attorney (NY Bar))In Japan, most people think that the word ‘Compliance’ means the compliance with law andregulations by the stuff members of companies/organizations. The word was first introduced inJapan by the ‘Inspection Manual for Deposit-Taking Institutions’ issued 1999 by Financial Service
Agency of the government. The basic idea of this manual derived from the COSO (Committee ofSponsoring Organization of Treadway Commission) Integrated Internal Control Framework 1992
issued in USA.
However, the idea of COSO framework was seriously distorted during the process ofintroduction into Japan. COSO, based on the repot of wide study of malpractices concerning thefinancial information systems during 1985 to 1987, proposed a more fundamental and coherent
framework for keeping corporations healthy. It proposed ‘[a] process effected by an entity’sboard of directors, management, and other personnel, designed to provide a reasonableassurance regarding the achievement of objectives relating to: (1) operation efficiencies
and effectiveness; (2) reliability of the reporting system; (3) compliance with laws andcurrent regulations. (COSO, 1992) Therefore, internal control means a process, which does notdepend on occasional events, but must be systematically set. It also shall be integrated with allother business processes without overlapping them. It not only improves efficiency, but also
reduces significantly the cost and facilitates the control extension to all the new procedures that
may take action from time to time.’ (Provasi & Riva, The Updated COSO Report 2013, Journal of Modern
Accounting and Auditing, Vol.11, No.10, 487, 2015)

However, in Japan, as the purpose of internal control is misunderstood bycompanies/organizations, the important developments in USA/EU as to the strengthened criminal
liability of companies/directors based on internal control, as well as the rehabilitation program forthe problematic companies from the viewpoint of compliance are not followed well. As a result,even the repeated compliance violations caused by Japanese companies at home and abroadwere neither effectively sanctioned, nor provided with the proper rehabilitation programs.
In this seminar, Mr. Uchida, based on his extensive experience in Japan and USA, explains therecent development concerning Federal Sentencing Guideline Manual, Evaluation of Corporate
Compliance Programs by DOJ. FCPA and so on. He will also discuss the ICT and AI related
development in this area. For the lawyers/business persons in Asian jurisdictions, the precise
understanding of internal control as well as compliance is not only necessary but also beneficial forkeeping companies/organizations valuable for the people and for making them robust enough toface the tough demands requested by the globalization.

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【Seminar 2】February 20 (Sat): 14:00~17:00 (JLT)

Seminar on International Commercial Arbitration
Coordinator: Dr. Lars Markert (Nishimura & Asahi)
Coordinator: Prof. Akira Saito (Kobe University School of Law)

This seminar is specially designed for the students who will take part in the Vis Japan Pre-moot. Vis
Moot was started in Vienna for promoting International Commercial Arbitration and CISG together withother UNCITRAL Texts for the lawyers in the next generation. This event has also been successful as
the forum for promoting the globalization of legal education, where the law students from various
jurisdictions as well as the legal academics and international arbitration lawyers gather and exchange
lively.
The problems of Vis Moot also attract the attention of the people who are interested in the newdevelopment of international business law in the world. Every year, the problem picks up very new andchallenging issues in the practice of international arbitration. The problem this year boldly deals withsuch issues like the contracts related to the development of vaccines for Covid-19, consolidation of
the parties in IP-related international arbitration proceeding and the use of remote hearing without theconsent of all the parties. In this seminar, the international arbitration lawyers, based on theirexperience in practice, discuss these matters.

【Seminar 3】February 27 (Sat): 17:00~18:30 (JLT)

Seminar on UK Private International Law in the Age of Post Brexit
Speaker:Ms. Aude Fiorini (Dundee University School of Law, Scotland)

Brexit was a shocking event not only for the people in Europe but also in other places in the world.
Especially, the development of EU private international law was regarded as the example of enormous
success story of EU law, which steadily advanced the unification in most of the fields in this area.
‘Judicial cooperation in civil matters’ which is the new name given by EU seems to become theinnovative concept for leading the future of private international law.
Among various regulations, Brussels １Regulation stays as the symbol of EU private internationallaw. Based on it, the judgments of English courts moved freely all over EU. The financial sectors ofEuropean states were the heavy users of the efficient court system in London. Moreover, London
courts have been widely selected by the parties in international business including Asia.
Ms Fiorini is the expert of this area, who knows private international law from both sides of EU andUK. Based on the updated information, she will explain the present situation of this critical issue.

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【Seminar 4】March 6 (Sat): 14:00~17:00 (JLT)

Towards Constructive Legal Studies: Legacy of Prof Oliver Williamson
Speaker:Mr. Jeff Leong (Jeff Leong, Poon & Wong)

Speaker:Prof. Akira Saito (Kobe University School of Law)

Professor Oliver Williamson, who had held the professorship in business administration, economics
and law at the University of California, Berkeley passed away in May 2020. In the international
symposium held in 2003 in Kobe, he suggested the CDAMS (Research Center of Legal Dynamics ofAdvanced Market Societies) the vision for constructive legal studies.. Based on his advice, bothspeakers developed the seminar program for the governance of transaction relationships anddelivered it in the law schools and bar associations of various jurisdictions including China, India,Vietnam, Laos, Thai, Malaysia, Mongolia, as well as in Japan.

Commemorating his achievement as Nobel laureate, the speakers discuss further
development of constructive legal education based on his analytical framework which uses
‘transaction’ as the unit of governance for most of the interactions among the people in amarket society.

【Seminar 5】March 20/21 (Sat/Sun): 14:00~18:00(JST)Kobe/SIMI Workshop on International Commercial Mediation
Coordinator: Mr. Marcus Lim (Singapore International Mediation Institute)

For the management of dispute concerning international business, the use of mediation is becoming
to be popular. Mediation itself is a traditional dispute resolution method widely used in Asia. However,to use it for business related disputes is a fairly recent phenomenon. It seems to have some strong
relationship with the recent development of the framework of facilitative mediation lead by theProgram on Negotiation by Harvard Law School. With the interdisciplinary approach, the achievement
has been disseminated through the training program based on that.
Now there are quite a few providers which offer high quality training programs of facilitative mediation
skills which is perfectly compatible with business disputes. Singapore International Mediation Institute isone of such providers. Located in the hub of dispute resolution for international business, SIMI plays avery important role for the promotion of facilitative mediation in Asia.
This two-day workshop is specially designed for the students in Asian jurisdiction to learn the basic
skill of international commercial mediation.

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