Overview
The main focus of Masafumi Kodama’s practice is international dispute resolution, including litigation, arbitration, and mediation. He also counsels clients on, and represents clients in, negotiations for the prevention or soft-landing of disputes by handling matters such as the preparation and negotiation of international agreements, debt collection, bankruptcy, and withdrawal of overseas offices. As international disputes are often inclined to become complicated, prolonged, and costly, Mr. Kodama strives to offer the most appropriate resolution for each case by listening intensely to clients’ needs in terms of cost, time, consequences, reputation, and other factors. As a council of the Japan Association of Arbitrators and Executive Director of the Japan International Dispute Resolution Center, Mr. Kodama also promotes international arbitration in and outside Japan by frequently delivering lectures to attorneys and businesspersons, writing books and articles, and teaching and guiding law students in moot arbitration competitions.
Work Highlights
Arbitration (as arbitrator/arbitration agent/second opinion)
Major Dispute Types Handled
- Infringement of representations and warranties in M&A transactions
- Termination of JV, continuous sales and distributorship agreement
- Violation of franchise agreement and agreement for the development and operation of online games
- Conformance of goods (electronic parts, scrap for recycling) with the sales agreement
- Breach of JV agreement
Major Issues in Dispute Handled in Arbitration Proceedings
- Binding effect of arbitration agreement for non-signatories
- Res Judicata of arbitral awards
- Grounds for rescission of arbitral awards
- Expedited procedures and emergency arbitration
- Noncompliance with multi-tiered dispute resolution clause
- Integration of dispute resolution clause by an entire agreement clause in the later-concluded agreement
- Standing as a party to arbitration by subrogation
Bankruptcy and Business Rehabilitation (as attorney for petitioner, attorney for creditor, attorney for sponsor, and trustee (deputy trustee))
- Airlines and truck transportation business
- Construction business and real estate business
- Household appliance retailer
- Resort operation business and golf course operation business
- Manufacturing business
Education & Professional Career
2007 – Present | Kitahama Partners, Representative Partner |
2001 – Present | Kitahama Partners, Partner |
1999 | Admitted to practice in the State of New York |
1998 – 1999 | Foreign Associate with Pillsbury Winthrop Shaw Pittman LLP (formerly Winthrop Stimson, Putnam & Roberts), at its New York Office and Singapore Office |
1998 | Cornell Law School (LL.M.) |
1993 | Graduated from the Legal Training and Research Institute of the Supreme Court of Japan; Admitted to practice in Japan; Joined Kitahama Partners |
1990 | The University of Tokyo (LL.B.) |
Other Activities
Dec 2019 – Present | Executive Director, Japan International Dispute Resolution Center |
2018 – Present | Deputy Secretary General, Japan International Dispute Resolution Center |
2016 – 2018 | Committee Coordinator, Inter-Pacific Bar Association |
2015 – 2023 | Outside Director (Audit and Supervisory Committee Member), The Nihon Seima Co., LTD. |
2012 – Present | Council, The Japan Chapter of the Asian Society of International Law |
2011 – Present | Council, Japan Association of Arbitrators |
2010 – Present | Independent Committee Member, Sansei Co., Ltd. (Published Recommendation in December 2020) |
2008 – 2015 | Outside Auditor, The Nihon Seima Co., LTD. |
2008 – 2011 | Outside Auditor, ELK Corporation |
2004 – 2008 | Professor, Kobe Gakuin University Law School (execution / preservation act and bankruptcy law) |
2001 – 2003 | Adjunct Lecturer, Konan University, Faculty of Law |