Hiratsuka & Co

Since our establishment in 1976, we have dealt with various notable cases both in consultation and representation. Followings are examples of published cases with legal value;

Oil tanker Nagasaki Spirit collided with container vessel Ocean Blessing in the Malacca Straights in 1992. We on behalf of the owners of Ocean Blessing have obtained court order to attach Nagasaki Spirit owner’s claim for hull insurance proceeds based upon maritime lien. The court applied Japanese law as lex fori in judging existence and effects of maritime lien. The judgment is published in Hanrei Times No.811 page 229. The case review article is published in Jurist No.1051 page 126 etc.

In the Jasmine case, we have obtained the Supreme Court judgment in our clients’ favour in 1998. The judgment is significant in adjudging who should be responsible as the carrier under the B/L signed “For the Master”. The judgment is published in Minshu volume 52 No.2 page 527. The case review article is published in Jurist No.1157 page 114 etc.

In a collision case in 2007 between a container vessel Wan Hai 307 and a bulk carrier Alpha Action, we acted for the owners and time charterers of the container vessel for compensation for damage against the bulk carrier owners. The interim judgment by the first instance court on liability issue is published in Hanrei Times No. 1379 page 193. The case review article is published in The Waseda Law Review volume 90 No.2 page 95. The final judgment by the first instance court and Court of Appeal affirmed time charterer’s claim for loss of profit against the bulk carrier owners, which would have been denied as economic loss claim under English law.

With regard to the explosion incident of the oil rig Deepwater Horizon in the Gulf of Mexico in 2010, Japanese original insurer claimed for reinsurance against European reinsurers under reinsurance policy. We on behalf of the reinsurers have obtained judgement from Tokyo Court of Appeal which fully dismissed the Japanese underwriters’ claim in April 2021. The court held on Japanese commercial custom law which is with little court precedents. The judgment is published in Hanrei Jihou No.2496 page 9. The case review article is published in Songai Hoken Kenkyu Volume 84 No.2 page 129.