CISG-online adds first Japanese court decisions applying the CISG

After the 1980 Sales Convention had entered into force for Japan on 1 August 2009, no Japanese court decisions applying the CISG were reported for some years, at least not internationally. We are therefore very thankful to Dr Tomofumi Kitamura, associate professor of international law at the University of Tokyo, whose helpful assistance has now allowed us to add a number of Japanese court decisions applying the CISG (or at least referring to the CISG in interpreting provisions of Japanese domestic law) to our database.

 

The newly reported court decisions arose from CISG contracts between Japanese parties and counter-parties from China, South Korea, Spain or Switzerland.

All decisions were rendered by the District Court Tokyo. They involved the interpretation of various CISG provisions that also play a significant role in case law from other CISG jurisdictions, as Art. 3(1) CISG, Art. 39(1) CISG, Art. 74 CISG and Art. 78 CISG.
 


The decisions can be accessed below:

 
Czech Republic
Nantong Jun Sen International Trading Co. v. Waymark Corp.
東京地裁平 (District Court Tokyo)
Japan, 08 December 2020 – 2018(Wa)No.26853, CISG-online 5651
Czech Republic
Sanko Lighting and Technology Co. v. Hansol Technics Corp. et al.
東京地裁平 (District Court Tokyo)
Japan, 16 June 2020 – 2015 (Wa) No. 12549, CISG-online 5648
Czech Republic
Rolser S.A. v. Global Living Inc.
東京地裁平 (District Court Tokyo)
Japan, 03 June 2019 – 2018(Wa)No.9632, CISG-online 5643
Czech Republic
FILTROX AG v. FST Corp.
東京地裁平 (District Court Tokyo)
Japan, 06 December 2018 – 2008 (wa) No. 23209, CISG-online 5640

By contrast, one further Japanese court decision did not apply the CISG to an actual international sales contract, but made reference to a CISG provision in interpreting provisions of Japanese domestic law:

 
Czech Republic
Japanese outstanding rental fees case
東京地裁平 (District Court Tokyo)
Japan, 18 July 2012 – 2001 (wa) No. 285551, CISG-online 5634