Attorney FUJII IKUYA (Tokyo Bar Association)

Date of birth: February 4, 1942

 
Education, Work Experience and Career
  March 1964 graduated from Tokyo University, Law Dept.
  April 1964 had employment with The Tokio Marine & Fire Insurance Co., Ltd.
  April 1968 left The Tokio Marine & Fire Insurance Co., Ltd.
  October 1971 passed the bar exams of Japan
  April 1974 admitted to Tokyo Bar Association (Registered No. 14326),had an employment with Law Office of TAKAHARU KUTSUNA
  April 1977 started Law Offices of FUJII & TODA
  January 1989 Law Offices of FUJII, TODA & TSUCHIDA
  September 1990 Law Offices of FUJII IKUYA
  July 2000 Law Offices of FUJII & MUTO
  April 2005 Law Offices of FUJII IKUYA
   
Lectures and Writings
1)  On October 22, 1988 gave, at the Seoul Hilton Hotel on the occasion of the 10th annual meeting of the Japan-Korea Korea-Japan Lawyers’ Conference held in Seoul, Korea, a lecture in Korean on the subject of “An example in which an irrevocable judgment of a Japanese court was not recognized by a Korean court-the meaning of mutual guarantee within the meaning of Article 200 of the Code of Civil Procedure of Japan and Article 203 of the Code of Civil Procedure of Korea - ”. (The lecture is carried by the Annual Report dated October 22, 1988 issued by Korea-Japan Japan-Korea Lawyers’ Conference.)
2)  An article entitled “Maritime crimes and measures to be taken thereagainst-from a maritime lawyer’s view point” carried by the monthly magazine “Kaiun” (The Shipping)  published by Japan Shipping Exchange, Inc., December 1990 issue.
3)  On November 15, 1991 gave, at the Westin Chosun Hotel in Seoul, Korea, on the occasion of Japan-Korea Hull Insurance Claims Symposium cosponsored by the Tokio Marine & Fire Insurance Co., Ltd. and the Korean Reinsurance Company, a lecture in Korean on the subject of “Collisions of ships caused by negligence of foreign seamen and criminal punishments thereonto”.  For Korean version of the text, click here.  For Chinese version of the text, click here.
4)  An article entitled “Collisions of ships caused by negligence of foreign seamen and criminal punishments thereonto” carried by the monthly magazine “Kaiun” (The Shipping) published by Japan Shipping Exchange, Inc., March and April 1992 issues.
5)  Participated a series round-table talk, sponsored by the Kinzai Institute for Financial Affairs, Inc. , on the subjects of “Ship-finance and Ship-transaction, management and recovery of claims” carried by the weekly magazine “Financial Law Journal” No. 1440 dated January 25, 1996 and “Damage to ship and cargo associated with operation of ships and legal measures available to claimants” carried by the same magazine No. 1443 dated February 25, 1996.
6)  Editorial supervision of “the Japanese translation of the Maritime Code of the People’s Republic of China 1992 “ sponsored and published by the Marine Claims Department of the Tokio Marine & Fire Insurance Co., Ltd. in December 1997.
7)  Japanese translation of the article entitled “Demise clause” by Lord Roskill of Law Quarterly Review volume 106 1990 London, carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No.143 published by Japan Shipping Exchange, Inc. in April 1998.
8)  An essay entitled “In search for 3 Essex Court” carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No.145 published by Japan Shipping Exchange, Inc. in August 1998.
9)  A paper entitled “Article 689 of the Commercial Code of Japan and the question as to whether an arrest of a vessel at an intermediate port is allowed or not” carried by collected papers “Issues in the field of international transactions and maritime law ” published by Kutsuna Maritime Law Seminar dated September 24, 1998.
10)  A paper entitled “Korea’s IMF crisis and its impact over maritime industries in Korea” carried by the monthly magazine “Kaiun” (Maritime Law Review) published by Japan Shipping Exchange, Inc., February and March 1999 issues.
11)  From February 1 through 6, 1999, gave, together with Professor Souichirou Kozuka of Sophia University, Tokyo, Japan, lectures in Hanoi, Vietnam at the request of the Ministry of Justice of Vietnam, in the hope of assisting the government of Vietnam in legislating its procedural law concerning arrest of ships.
12)  On September 9, 2001 gave, at the Xi Yuan Hotel in Beijing, People’s Republic of China on the occasion of Japan-China Symposium on maritime law and insurance law sponsored by China University of Political Science and Law and Grandall Law Firm, a lecture in Chinese on the subject of “Japanese procedural law with respect to releasing ships under arrest in Japan ”. For Chinese version of the text, click here
13)  An essay entitled “A report of my attendance to the 2002 Annual Dinner held in London by Association of Average Adjusters of the United Kingdom-just as I witnessed it” carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No. 169 published by the Japan Shipping Exchange, Inc. in August 2002. For the final draft (in Japanese), click here.
14)  An essay entitled “A report of my visit to Montreal in connection with the 2002 Annual General Meeting of the Association of Average Adjusters of Canada” carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No. 170 published by the Japan Shipping Exchange, Inc. in October 2002. For the final draft (in Japanese), click here.
15)  On October 24, 2002 delivered a Chairman’s address on the occasion of the 45th annual meeting of the Association of Average Adjusters of Japan at the Shin-Maru Conference Square in Tokyo on the subject of “Possible elimination of the error in navigation defence as is seen from the CMI’s Final Draft Instrument dated 10th of December 2001 and its potential impact on General Average”.
16)  An essay entitled “A report of my visit to functions held in New York associated with the 124th Annual General Meeting of the Association of Average Adjusters of the United States” carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No. 171 published by the Japan Shipping Exchange, Inc. in December 2002. For the final drafts (in Japanese), click here.
17)  Japanese translation of the Chairman’s Address given by Mr. Howard McCormack of the Association of Average Adjusters of the United States on the occasion of its 124th Annual General Meeting held  on October 3, 2002 in New York entitled “THE IMPETUS FOR CHANGE IN THE 1994 YORK ANTWERP RULES-REAL OR FANCIFUL？”carried by “Kaijiho Kenkyu Kaishi (Maritime Law Review)” No. 172 published by the Japan Shipping Exchange, Inc. in February 2003. For the final draft (in Japanese), click here.
18)  On October 23, 2003 delivered a Chairman’s address on the occasion of the 46th annual meeting of the Association of Average Adjusters of Japan at the Grand Hall of the Industry Club of Japan in Tokyo on the subject of “Behind an extraordinary maritime casualty there often lies an extraordinary cause-showing two stranding cases where it was argued as to whether those strandings were caused by unseaworthiness and/or navigational error in an attempt to assist the consideration of the question of apportioning liability in case where a maritime casualty is caused concurrently by navigational error and other causes as well ”.
19)  An article entitled “Possible elimination of the error in navigation defence as is seen from the CMI’s Final Draft Instrument dated 10th of December 2001 and its potential impact on General Average” carried by 46th annual report published by the Association of Average Adjusters of Japan in December 2003.
20)  On April 25, 2005 read a paper on the occasion of the 163rd study meeting of the Kutsuna Maritime Law Seminar held at Japan Shipping Exchange, Inc. in Tokyo on the subject of “Judgment of the United States District Court for the Southern District of New York July 9, 2004 in connection with the fracture of the hull of the container ship MSC CARLA and drifting subsequent thereto”.
21)  An article entitled “Behind an extraordinary maritime casualty there often lies an extraordinary cause-showing two stranding cases where it was argued as to whether those strandings were caused by unseaworthiness and/or navigational error in an attempt to assist the consideration of the question of apportioning liability in case where a maritime casualty is caused concurrently by navigational error and other causes as well” carried by 47th annual report published by the Association of Average Adjusters of Japan in September 2004.
22)  Wrote, together with Professor Souichirou Kozuka of Sophia University, Tokyo, Japan, the item of national summaries Japan of the Marine Cargo Claims 4th edition by Professor William Tetley published in Canada in the spring of 2008.
   
pro bono
  ・ Councillor of the Japanese Maritime Law Association
    1990-2012, in which year voluntarily resigned
  ・ Member of Tokyo Maritime Arbitration Commission of the Japan Shipping Exchange, Inc.
    1992-2011, in which year voluntarily resigned

 During the above period, I was appointed as an arbitrator in connection with six (6) arbitration proceedings, out of which four (4) were subsequently withdrawn probably because of settlements having been agreed to by the parties in dispute and two (2) were awarded. One of the two cases awarded was the dispute over contract of sale of the motor vessel “Tsurufuji Maru No.2” commenced on July 4, 2002 and awarded on March 18, 2005. The award is carried by Complete Works of Maritime Arbitration Awards, volume 6 published in 2012 by the Japan Shipping Exchange, Inc. The other dispute awarded was the dispute over contract of sale of the motor vessel “Star Island” commenced on April 26, 2007 and awarded on December 3, 2010. The award is yet to be carried by the Complete Works of Maritime Arbitration Awards but the extract English translation thereof is introduced by the “WaveLength” No.58 published in March 2013 by the Japan Shipping Exchange, Inc. I acted as the sole arbitrator in this matter. For the final draft of the “WaveLength” article prepared by me, click here.
  ・ Member of the Association of Average Adjusters of Japan
    1986-up to the present
    2001-2002 Chairman for the 45th term
    2002-2003 Chairman for the 46th term
  ・ Member of the Japan-Korea Lawyers Conference
    1986-up to the present
     
On-board-ship experiences

 
Winter 1979

 

Boarded, at Shiogama, Sendai, Japan, the LPG tanker “RYOHO MARU” 990 G/T, powered by Diesel engines capable of producing 2000 HP, owned by Nihon Reefers Co., Ltd. At midnight she departed Shiogama bound for Kushiro, Hokkaido, Japan. Observed the Kinkazan Lighthouse’s strong alternating flashing white and red lights, which reminded me of the Japan’s national flag. The following day-very fine weather. The vessel took a straight course toward Erimo-Misaki, and cast anchor off the port of Kushiro at midnight with the main engines and auxiliary engines finished altogether. All crewmembers took nap until dawn. I was given a hot water bottle (leg warmer) in my bed. After dawn she entered the port of Kushiro. Distance 340 nautical miles.

circa 1980

 Boarded the container feeder vessel “BONNY OCEAN” owned and operated by Namsung Shipping Co., Ltd. at Pusan, Korea at night. She departed therefrom at midnight bound for Kobe, Japan. Shortly after dawn she passed the Kanmon Channel. She made way in the Setonaikai inland sea all day long and passed the Bisan-seto Channel by night. She arrived at Kobe in the morning. Distance 360 nautical miles.

July 10, 1980

 After having been purified by splash of Japanese sake (alcohol brewed from rice), boarded the bonito pole-fishing boat “SHOEI MARU No.1” owned by Mr. Eiichi Okuhara at Irabu Port, Miyako, Okinawa of Japan. She departed the port before dawn shortly after a typhoon had passed the area. She picked up live bait of sardines from a fish preserve within a coral reef where sea was dead calm. Upon having proceeded out of the coral reef to the open sea southward, she was exposed to very rough seas in the mountain and valley of waters. Her propeller raced every time when the hull was raised to the top of big waves and when the hull was lowered to the bottom of a mortar of waves, nothing but water surrounding the boat could be seen. The skipper Ikema, having observed that Mr. Fujii was in serious sea-sick, turned the bow homeward to Irabu port apparently giving up the fishing of the day. On her way home, however, she encountered group of bonito twice and the boat was laden, within an hour, with about 7 tons, being a maximum weight of bonito for her stowage capacity. She retuned home at 2 p.m. displaying colorful good-catch flags on the mast and giving repeated short blasts on the whistle. Another bonito pole-fishing boat based in the same port having sailed northward returned home late in the night without any fish catch. Mr. Fujii was deified at the dinner table by her owner as a symbol of good luck. Distance 50 nautical miles.


January 10-21, 1983

 In the hope of seeing with my own eyes and experiencing the rough weather by myself of the north Pacific in winter as often alleged by masters in so many sea protests produced before me by that time, boarded the Japan Line’s full container vessel “JAPAN ACE” (16,528G/T) at Oakland, California. She departed Oakland at 0050 hours on January 10, 1983 under stars in the whole sky bound for Tokyo, Japan. She passed the Unimak-pass in the morning of January 14th proceeding into the Bering Sea. She passed north of Attu Island at 0400 hours on January 17th back into the Pacific Ocean. She made way along the Kurile Islands, Hokkaido, coast of Sanriku and arrived at Oi-Container terminal, Tokyo at 1110 hours on January 21st 1983. The heaviest weather experienced during the voyage was Beaufort scale 8 on January 13th with which I was not fully satisfied. (For my diary during the voyage, click here.) 
Distance 4,600 nautical miles.

January 10-14, 1995

Boarded, as a trainee, the four-masted training barque tall ship “KAIWO MARU” (2,556G/T) owned by Japanese government and operated by National Institute for Sea Training at Tokyo, Japan. She departed Tokyo in the afternoon of January 10, 1995 bound for Nagasaki. After having passed Uraga Suido Channel in the evening she pitched and rolled heavily under strong N/W wind until she passed the Cape Omaezaki. The following day, she stopped engines off east of Kii Peninsular and trainees observed the operation of hoisting and furling sails conducted by students of a merchant marine academy. Practiced polishing weather deck by use of coconut-half and seawater barefooted, gymnastics on the weather deck, studied oceanography and navigation under-deck lectured by officers of the ship. Trainers were guided to every corner in the ship including the deepest part of the hull where numerous numbers of lead ingots were tightly stowed to give the sail-ship stability. Having made way off Shikoku, passed Osumi Strait, she arrived at Nagasaki under light snow fall in the morning of the 3rd day. She got alongside the Matsugae Warf at around noon.
The man (lower) on the ratlines on the photograph is the writer on January 11, 1995 off Kii Peninsular. Distance 700 nautical miles.

March 29, 2004

 Boarded, at Setoda, Ikuchi-jima island, Hiroshima Pref., the tug “DAIKO MARU” (19G/T, 800hp, manned by Capt. Y. Ohshita ) towing the barge “UEDA No.1001” whereon a section of the vessel under construction was loaded. She departed Setoda at 14:55 hours bound for Marugame, Kagawa Pref. The train barge proceeded off Hyakkan-jima island, Bingo Nada No. 5 Lightbuoy and along the Bingo Nada Traffic Route under fine weather and smooth seas at about 6.7 knots at 330 rpm. At 18:24 hours, shortly before sunset, the train barge passed the Sanuki-Misaki Lighthouse and at 20:05 hours arrived at Zaimoku wharf of the port of Marugame. Distance 33 nautical miles.