Professor Luke Nottage


Profile

Brief Biographical Detail

Dr Luke Nottage is Professor of Comparative and Transnational Business Law at Sydney Law School, specialising in arbitration, contract law, consumer product safety law and corporate governance, with a particular interest in Japan and the Asia-Pacific. He is founding Co-Director of the Australian Network for Japanese Law, Associate Director of the Centre for Asian and Pacific Law at the University of Sydney, and Comparative and Global Law Program coordinator for the Sydney Centre for International Law. He is also a Director of Japanese Law Links Pty Ltd.

Luke studied at Kyoto University (LLM) and Victoria University of Wellington (BCA, LLB, PhD), and first taught at the latter and then Kyushu University Law Faculty, before arriving at the University of Sydney in 2001. He has held fellowships at other leading institutions in Japan and Australia as well as Germany, Italy and Canada. Luke’s publications include Product Safety and Liability Law in Japan (Routledge, 2004), Corporate Governance in the 21st Century: Japan’s Gradual Transformation (Elgar, 2008, lead-edited with Leon Wolff and Kent Anderson), International Arbitration in Australia (Federation Press, 2010; lead-edited with Richard Garnett), Foreign Investment and Dispute Resolution in Asia (Routledge, 2011; edited with Vivienne Bath), Consumer Law and Policy in Australia and New Zealand (Federation Press, January 2012; edited with Justin Malbon) and four other books (with three more in preparation). Luke has also published over a hundred chapters and refereed or other articles, mainly in English and Japanese. He has executive roles in the Australia-Japan Society (NSW), the Law Council of Australia’s International Law Section, the Australian Centre for International Commercial Arbitration, and the Australasian Forum for International Arbitration. Luke contributes to several looseleaf commentaries; has consulted for law firms world-wide, the EC, the OECD, the UNDP and the Japanese government; and has made numerous public Submissions to the Australian government, especially on arbitration and consumer law reform.


Degrees

BCA / LLB VUW LLM Kyoto PhD VUW


Previous Positions

  • Since 2012: Professor, University of Sydney Faculty of Law, Australia
  • 2008-11: Associate Professor
  • June 2001 - December 2007: Senior Lecturer, University of Sydney Law Faculty, Australia
  • April 1997 - March 2000: Associate Professor of Transnational Law, Kyushu University, Fukuoka, Japan
  • April 1994 - March 1997: Lecturer in Law, Victoria University of Wellington (VUW), New Zealand
  • October 1993 - March 1997: Associate (Barrister and Solicitor), JHJ Crawford Law Office, Wellington, New Zealand

Visitorships

  • July-December 2011: Visiting Fellow, Regulatory Institutions Network (RegNet), Australian National University
  • October-November 2011: Visiting Scholar, Kyoto University Faculty of Law & Hokkaido University Faculty of Law
  • December 2006 - 2008: Honorary Senior Fellow, Centre for Comparative Law and Development Studies in Asia and the Pacific, University of Wollongong
  • October 2004 - January 2005; November 2006–January 2007, November – December 2008: Visiting Associate Professor, Ritsumeikan University Law Faculty, Kyoto, Japan
  • July - September 2005: Post-doctoral Fellow, Max Planck Institute for Private International and Foreign Private Law, Hamburg, Germany
  • February - December 2004: Visiting Senior Fellow, Centre for Asia Pacific Social Transformations Studies (CAPSTRANS), University of Wollongong, Australia
  • February - April 2001: Visiting Associate, Centre for Asia Pacific Initiatives, Visiting Professor, Faculty of Law, University of Victoria, Canada
  • September 2000 - January 2001: Jean Monnet Fellow, European University Institute Law Department, Florence, Italy
  • April - June 2000: Visiting Scholar, Kyoto University Law Faculty, Japan
  • July - August 1998: Law Center for European and International Cooperation (University of Cologne) fellowship - German contract law, lex mercatoria

Personal Details

  • Born: 1967; London, United Kingdom
  • Nationality: New Zealand, British, Australian
  • Languages: Completely fluent in English, French, and Japanese; reasonably fluent in German, Spanish, and Italian; some knowledge of Mandarin Chinese and Maaori
  • Family: Married to Hisae Kobayashi; three daughters, Moana (born 1997), Erica (1999), Miah (2001), son Liam (2007).
  • Interests: Travel, hot springs


Academic Achievements

Publications

One book, one co-authored book (plus one in preparation), five co-edited books (plus two in press), dozens of longer articles or book chapters, dozens of shorter works, and numerous conference papers and public lectures; mostly in English or Japanese, since 1995, comparing Japanese and other foreign law in:

  • Product liability and safety regulation
  • Arbitration (and civil dispute resolution)
  • Corporate governance
  • Contract law and practice
  • Information technology and legal education

A full list of publications is appended; many are reproduced online.


Courses, Seminars and Doctoral Thesis Supervision

  • University of Sydney (since June 2001):
    Main teaching responsibilities: Contract Law (LLB), International Commercial Transactions (LLB), International Business Law (LLM), Japanese Law (LLB/LLM, taught now in Kyoto/Tokyo), International Commercial Arbitration (LLM);
    Also: International Dispute Resolution - Practice and Procedure (LLM, co- taught with Dr Tim Stephens and others), Consumer Contracts and Product Defects (LLM, co-taught with Dr Jocelyn Kellam), International Investment Law (LLM, with Dr Kate Miles and A/Prof Chester Brown), Dispute Resolution in Asia and Law, and Law and Investment in Asia (LLM, with Dr Simon Butt and others);
    Doctoral thesis completions – Primary Supervisor for: Peter (Chan) Kwon, “'Reassessing Korean Legal Culture and the Rule of Law: Legal History, Constitutional Review and Negotiations in Cross-Border Finance” (PhD in Law, 2006); Christine Oh, “'Evaluating the framework for international commercial arbitration and other alternative dispute resolution mechanisms in Korea” (SJD, 2003)
  • CLE (Continuing Legal Education) seminars on Corporate Governance (2001 and 2008), International Arbitration (2002, 2003 2007; 2008, also relating to International Contracts), Japanese and/or Australian Business Law (2003; 2009, 2010 and 2011 – all in Tokyo)
  • Japanese Ministry of Justice (February 2002): Lecturer and course reviewer for its ODA training programme on Comparative ADR
  • University of Victoria (February - April 2001): Classes on aspects of Japanese business law, taught in a variety of courses
  • Kyushu University (1997 - 2000): Comparative Private Law, Transnational Business (LLM); Commonwealth Law (LLB); Dispute Resolution and Japanese Law (BA).
  • VUW (1994 - 1996): Comparative Law, Contract Law (LLB); North Asian Law (LLB Hons); International Trade Law (BCA)
  • Other Universities (since 1996): variants of these courses taught in Australia (UNSW), Japan (Doshisha, Kagoshima, Osaka, Ritsumeikan and Seinan Gakuin Universities), Thailand (Chulalongkorn), New Zealand (Auckland), and the USA (U Illinois)
  • Other Professional Legal Education: Japanese Law seminars for lawyers and businesspeople, run for VUW’s Centre for Asia-Pacific Law and Business (1995); and privately for large New Zealand law firms (2000)


Memberships

  • Australasian Forum for International Arbitration (AFIA) [Council member]
  • Australia-Japan Society [Board member]
  • Australian Centre for International Commercial Arbitration (ACICA) [Special Associate and Rules Committee member]
  • Australian Network for Japanese Law (ANJeL) [founding Co-Director]
  • International Academy of Comparative Law [by election; National Committee co-convenor]
  • International Law Association [Committee for the International Protection of Consumers]
  • Law Council of Australia – International Law Section [Executive member]
  • ADR/Arbitration Law Association of Japan (ADR-chusaiho gakkai)
  • Australasian Law Teachers Association
  • German-Japan Association of Jurists (DJJV)
  • International Association of Consumer Law
  • Japanese Association of Sociology of Law (Hoshakaigakkai)
  • Law and Society Association
  • Lawasia
  • New South Wales Bar Association
  • New Zealand Association for Comparative Law
  • New Zealand Law Society
  • Oriental Society of Australia


Other Offices and Roles

  • University of Sydney:
    Main Law School positions: Associate Dean (International Students: 2012-13), Founding Co-director, Australian Network for Japanese Law (ANJeL); Director (2011) and Associate Director (2009-10, 2012-), Centre for Asian and Pacific Law at the University of Sydney (CAPLUS) and Director; Management Committee and Program Coordinator (Comparative & Global Law), Sydney Centre for International Law (2005-); Convenor, MBL Program (2007 and 2009-).
    Other service: Dean’s Committee (2004-), Visitors Committee (including: convenor 2001-2), IT Committee (including: convenor 2002-3), promotions committees (ad hoc: 2009), regional experts group (ad hoc: DVC Int’l, 2010-), e-Learning and interdisciplinary research (ad hoc: 2003)
  • Advisory Board: "Comparative Research in Law and Political Economy" Network, Osgoode Hall Law School , York University (2005-)
  • Editorial Board (7): Journal of Japanese Law / Zeitschrift fuer Japanisches Recht (2005-), Australian Product Liability Reporter (2005-), Yearbook of Consumer Law, Australian Journal of International Law (2007-), Maastricht Journal of European and Comparative Law (2008-), Consumer and Competition Law Journal (2010-), Journal of Consumer Policy (2010-)ACICA Special Associate and Rules Committee member (2004-)
  • Standards Australia, Disputes Processing Standard Committee member (2003-4)
  • Coordinator, Sydney University Law Faculty seminar programme (June 2001- December 2002); Convenor, IT Committee (from 2002 to mid-2003).
  • Co-director, Japanese Law Links Pty Ltd (incorporated to provide a wide range of Japanese law related services)
  • Qualified to practice also as a solicitor in New Zealand on own account (17 August 2000)
  • Member of four international affairs committees at Kyushu University, at Faculty and University levels (1998-1999)
  • Information Committee member, Japanese Association of Sociology of Law (1999-2001)
  • Formerly an officer of three academic associations in New Zealand, and a New Zealand Law Society international practice subcommittee.


Degrees & Education

  • 2002: PhD in Law, VUW, "Form, Substance and Neo-Proceduralism: in Comparative Contract Law: Law in Books and Law in Action in New Zealand, England, the US and Japan" (supervised by Professor Anthony Angelo)
  • 1996 - 1999: Part-time candidate for PhD in Law, VUW
  • 1993 - 1994: Full-time candidate for LL.D, Kyoto University Law Faculty
  • 1991 - 1992: LL.M., Kyoto University Law Faculty
  • 1990 -1991: Research Student, Kyoto University Law Faculty
  • 1990: Course in Japanese, Osaka University of Foreign Studies
  • 1985 -1989: Bachelor of Commerce and Administration (major in Economics), jointly with Bachelor of Laws, VUW
  • 1984: Deutsche Schule Genf, Geneva, Switzerland
  • 1981 - 1983: Rathkeale College, Masterton, New Zealand


Awards and Grants

  • 2010-11: Australia-Japan Foundation grant, “Fostering a Common Culture in Cross-Border Dispute Resolution: Australia, Japan and the Asia-Pacific” (with Dr Brett Williams and Micah Burch)
  • 2008-10: Institute of Social Sciences New Capacity Program grant, "Intersections in Foreign Investment Law and Policy" (with Kate Miles and Susan Park)
  • 2005-9: Australian Research Council Networks, "Asia Pacific Futures", "Govnet" (comparative governance)
  • 2004-7: Australian Research Council, Discovery grant (with ANJeL co-directors) - Japan's commercial regulation reforms since the 1990s
  • 2003: Japan Society for Promotion of Science - funding for translation
  • 2002-9: numerous Legal Scholarship Research Fund grants for comparative research on BSE, risk, arbitration, product safety, consumer credit and corporate governance; Law Faculty Teaching Innovation Grant (with Greg Tolhurst) for "Contract Law Online"; College of Humanities & Social Sciences seed funding grants (with Brett Williams) for research on BSE/GMOS
  • April 1999 - September 2001: International Communications Foundation (Tokyo) joint research grant - IT and legal practice, education, democracy
  • April 1999 - March 2000: Tostem Foundation (Tokyo) joint research grant - produc tliability and safety guidelines
  • March 1999: Monbusho (Japanese Ministry of Education) travel grant - Japanese law session and paper presentation at the Law & Society Association annual meeting (Chicago, May 1999).
  • March 1998: Kyushu University Foundation travel grant - paper presentation at the Law & Society Association annual meeting (Aspen, June 1998).
  • September 1997 - October 1998: Matsushita Foundation (Tokyo) joint research grant - product liability and safety guidelines
  • 1995 - 1996: New Zealand Asia 2000 Foundation (Wellington) research and travel grants - contract law and practice.
  • 1990 - 1994: Monbusho Postgraduate Scholarship
  • 1987: AH Johnstone Prize in Constitutional Law (VUW)
  • 1985: Economics Society Prize (VUW Economics Faculty)
  • 1983 : Junior National Scholarship; Dux, Rathkeale College