Abe & Sakata Legal Professional Corporation

Abe & Sakata Legal Professional Corporation



The current Japanese Commerical Code has not amended its provisions related to transport and maritime commerce in substance since its first enactment in 1899 except from-time-to-time enactments of special Acts dealing with specific matters such as COGSA or Limitation of Liability of Shipowners Act. The Legislative Council of Ministry of Justice eventually decided the Legistrative Guideline for the comprehensive amendment in February 2016. The amendment Bill based on that Guideline has been presented to the Diet in October 2016 and is now under deliberation.

The following papers are (i) Presentation on the outline of the amendment Bill and (ii) Article discussing the impact of the amendment Bill on the liability of the carrier from a practical perspective at Horitsu Jiho No. 1122 p.33 (March 2018), both prepared by Akiyoshi Ikeyama of our office. He has been actively involved in the preparatory works for this amendment, including the Transport Law Study Group set up by Japan Institute of Business Law and the Working Group on Commercial Code (Transport and Maritime Commerce) set up within the Legislative Council.

>Outline of the Bill to amend Commercial Code (Transport and Maritime Commerce) (the Bill to partially amend Commercial Code and International Carriage of Goods by Sea Act) [Japanese version only]

>“Analysis of the Liability of the Carrier from a practical perspective”, Horitsu Jiho No. 1122 p.33 (March 2018) [Japanese version only]