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2004. 02.25

【セミナー終了】 ADRセミナー開催のご案内



February 25, 2004 


拝啓 春寒の候、ますますご清栄のこととお喜び申し上げます。

来るセミナーでは、米国では調停人の第一人者とも言えるJudicial Arbitration and Mediation Services (JAMS) のダニエル・ワインスタイン判事に基調講演を賜ります。他にもJAMS、牛島総合法律事務所およびグアムのカルボ&クラーク法律事務所からスピーカーをお招きしております。国際取引や紛争で適用されるADR手続の概要を総合的にご理解いただける内容となっており、効果的な仲裁条項の作成にも役立つものと確信しております。またカリフォルニア州と連邦第9巡回区控訴裁判所に特有のADRの問題点に触れ、グアムに新しく設置されたグアム国際調停仲裁センター (Guam International Mediation and Arbitration Center) (GIMAC)でADR手続を実施するメリットについてもご紹介します。




Dear Clients and Friends:

We are pleased to invite you to our firm’s ADR Seminar: Effectively Using Arbitration, Mediation and Other Forms of ADR to Resolve International Business Disputes to be held on Wednesday, February 25, 2004, at the Palace Hotel in Tokyo. 

The four hour seminar, sponsored by Morrison & Foerster will feature the Honorable Daniel Weinstein of Judicial Arbitration and Mediation Services (“JAMS”)--perhaps the foremost mediator in the United States--as the keynote speaker. The seminar will also feature additional speakers from JAMS, Ushijima & Partners, and Calvo & Clark. Attendees will obtain a comprehensive overview of the ADR process, particularly as applied to international transactions and disputes, and learn how to draft effective arbitration clauses. The seminar will also examine ADR issues peculiar to California and the United States Ninth Circuit Court of Appeals, as well as introduce the advantages of engaging in ADR at the new Guam International Mediation and Arbitration Center ("GIMAC").

Please find the program for the seminar and a reservation form. Attendance at the seminar is free of charge, and simultaneous translation from English to Japanese will be provided. The seminar will begin at 1:20 p.m., followed by a reception beginning at 5:30 p.m. To make a reservation, please complete the enclosed RSVP form and return it to us by fax (03-3214-6512) by Wednesday, February 18. You can also register for the seminar by sending us an e-mail at tkseminar@mofo.com

We look forwarding to seeing you on February 25.

Morrison & Foerster LLP 

 < Program プログラム >
February 25, 2004, Tokyo/2004年2月25日 東京

Welcome and Introduction
Alan Cope Johnston, Morrison & Foerster Tokyo

アラン・コープ・ジョンストン  モリソン・フォースター 東京オフィス

Advantages and Disadvantages of Arbitration over Litigation to Resolve International Business Disputes

Craig Celniker, Morrison & Foerster Tokyo
Osamu Inoue, Ushijima & Partners
Cathy Yanni, JAMS


クレイグ・セルニカ モリソン・フォースター 東京オフィス
井上 治 牛島総合法律事務所
キャシー・ヤンニ JAMS

Drafting Effective Arbitration Clauses: Key Issues to Consider

Craig Celniker, Morrison & Foerster Tokyo
Osamu Inoue, Ushijima & Partners
Jay Ponazecki, Morrison & Foerster Tokyo


クレイグ・セルニカ モリソン・フォースター 東京オフィス
井上 治 牛島総合法律事務所
ジェイ・ポナゼッキ モリソン・フォースター 東京オフィス

Mediation and Other Forms of Alternative Dispute Resolution  
Honorable Daniel Weinstein, JAMS

ダニエル・ワインスタイン判事 JAMS

3:30-3:45 Break 休憩

Arbitration in the 9th Circuit: Key Issues and Traps for the Unwary
Peter Stern, Morrison & Foerster Tokyo

ピーター・スターン モリソン・フォースター 東京オフィス}

The Guam International Mediation and Arbitration Center: Key Innovations and Opportunities

Ed Calvo, Calvo & Clark
Louise Stoupe, Morrison & Foerster Tokyo

グアム国際調停仲裁センター ― その革新性と機会

エド・カルボ カルボ&クラーク法律事務所
ルイーズ・ストゥープ モリソン・フォースター 東京オフィス

5:15-5:30 Q&A/Closing 質疑応答

5:30 Reception レセプション

Morrison & Foerster LLP (provider # 2183) certifies that this activity has been approved for MCLE credit by the State Bar of California in the amount of 3.5 hours.Morrison and Foerster LLP has been certified by the New York State Continuing Legal Education Board as an Accredited Provider of continuing legal education in the State of New York [8/20/2001 - 8/19/2004]. This transitional continuing legal education program has been approved in accordance with the requirements of the Continuing Legal Education Board for a maximum of 4 credit hours, of which 4 credit hours can be applied toward the Areas of Professional Practice requirement.

- Speakers -


Daniel Weinstein, JAMS

Judge Weinstein has extensive expertise in designing the process and resolving complex multi-party cases with an emphasis on class actions, mass torts, intellectual property and professional malpractice.


● Superior Court of San Francisco, 1982-1988
● Associate Justice Pro Tem of the California Supreme Court and the First District Court of Appeal, 1984
● Municipal Court of San Francisco, 1978-1982
● Chief Assistant District Attorney of San Francisco
● Private practice for seven years, specializing in federal litigation
● L.L.B., cum laude, Harvard University Law School, 1965
● B.A., cum laude, Stanford University, 1962


Cathy Yanni, JAMS

Since joining JAMS in 1998, Ms. Yanni’s practice includes mediation, arbitration, Special Master/Discovery Referee and class action settlement administration. Her previous experience as a partner in a Silicon Valley law firm provided relevant experience in high technology, employment, intellectual property, and accountancy areas.

Education/Background Experience:
● Top 50 California Mediators, Daily Journal, 2003
● Member, California State Bar
● Mediator and Early Neutral Evaluator for the Federal Courts, the California Court of Appeal, California and Nevada State Courts
● Litigation Partner, major San Francisco law firm, 1982-1998
● Mediation Workshop, Harvard Law School Program of Instruction for Lawyers, 1995
● J.D., Golden Gate University School of Law, 1981; Editor, Law Review
● B.A., Mount Holyoke College, 1975; Dartmouth College, 1974-75; Honors Commendation 

osamu_inoue.jpgOsamu Inoue, Ushijima & Partners

Osamu Inoue is a partner at the Japanese law firm of Ushijima & Partners and is licensed to practice in Japan and the State of New York. He has extensive experience in litigation and arbitration with an emphasis on resolving complex international disputes among multi-national parties. He is the author of “The Due Process Defense to Recognition and Arbitration of Foreign Arbitral Awards in United States Federal Courts: A proposal for a Standard,” Am. Rev. Int’l Arb. Vol. 11, Nos. 1-2, 2000. He will teach “International Dispute Resolution” with Assistant Professor Tatsuya Nakamura at Keio University’s new Law School, commencing April, 2004. He completed his study at The Legal Training and Research Institute of the Supreme Court of Japan in 1991, and received his LL.B. from Hokkaido University in 1986 and his M.C.J and LL.M. from New York University School of Law in 1998 and 2000, respectively. 

ed_calvo.jpgEd Calvo, Calvo & Clark

Eduardo A. Calvo is a founding partner of the Guam law firm of Calvo and Clark, LLP. He is a native of Guam and admitted to practice law since 1981 in the State of Hawaii and 1982 in the Territory of Guam. He graduated from Menlo College School of Business Administration (B.A., magna cum laude, 1978) and the University of Santa Clara, School of Law (J.D., 1981). Mr. Calvo served as an Associate Justice of the Supreme Court of Guam from 1996-1998. He has also served on the boards of directors of numerous commercial, civil and governmental organizations including The Guam Real Estate Commission, Chairman (1989-1994); The Governors Counsel of Economic Advisors (1996-1998); Bank of Hawaii (1997-2002); Title Guaranty of Guam (1994 to 2000); American Red Cross, Guam Chapter (2000-2003); and First Savings & Loan Association (1997-2002). His diverse client base includes hotels, hotel management companies, banks, television and radio stations, real estate development companies, the Governor of Guam, the Guam Economic Development and Commerce Authority, telecommunications and cable service providers, and large wholesale and retail distributors. Mr. Calvo has over 20 years of transactional, commercial litigation, arbitration, and mediation experience.

craig_celniker.jpgCraig I. Celniker, Partner, Morrison & Foerster Tokyo

Mr. Celniker is a partner in the Litigation Department of Morrison & Foerster’s Tokyo office and has extensive international commercial litigation and transactional experience, with particular emphasis on intellectual property issues. Mr. Celniker has represented international and domestic companies in the litigation and arbitration of patent, trademark, copyright and trade secret cases in the medical, pharmaceutical, internet, computer, consumer products, food and electronics industries before state and federal courts, the Trademark Trial and Appeal Board, the American Arbitration Association, the International Chamber of Commerce, the London Court of International Arbitration, the Iran-U.S. Claims Tribunal and the Japan Commercial Arbitration Association. He also has negotiated and drafted development, licensing, manufacturing and supply agreements in the medical, pharmaceutical, electronics and computer industries.

jay_ponazecki.jpgJay Ponazecki, Partner, Morrison & Foerster Tokyo

Ms. Ponazecki is a partner in the Business Department of Morrison & Foerster’s Tokyo office and oversees the firm’s Life Sciences and Technology Transactions Groups in Asia. She has over 15 years of international transactional experience and serves as principal outside counsel to numerous Japanese companies. Her practice focuses on the representation of pharmaceutical, biotechnology, chemical, food, consumer electronics and other technology companies in a broad range of international business transactions including inbound and outbound licensing agreements, joint research and development collaborations, manufacture and supply arrangements, distribution, resale and co-marketing agreements, strategic alliances, joint ventures, mergers and acquisitions and financings. She also assists clients with the adoption of global corporate and privacy law compliance policies. Ms. Ponazecki is currently Co-Chair of the Legal Services Committee of the American Chamber of Commerce in Japan and speaks Japanese. 

peter_stern.jpgPeter Stern, Partner, Morrison & Foerster Tokyo

Mr. Stern is a partner in the Litigation Department of Morrison & Foerster's Tokyo office. He has a general litigation practice with an emphasis on intellectual property litigation and counseling, particularly in the areas of patent and copyright. His experience in patent litigation has extended to such technologies as semiconductors, photolithography, and pharmaceuticals. He also has experience in U.S. and international arbitration proceedings, including a landmark computer software arbitration. Mr. Stern received his B.A., Phi Beta Kappa and summa cum laude, from Amherst College in 1985, and his J.D. from the University of California, Berkeley, Boalt Hall School of Law in 1992, where he was Articles Editor of the California Law Review. Following graduation, he served as law clerk to Judge John T. Noonan, Jr. of the United States Court of Appeals for the Ninth Circuit in San Francisco. In 1992-93 he studied at the Inter-University Center for Japanese Language Studies in Yokohama. 

louise_stoupe.jpgLouise Stoupe, Associate, Morrison & Foerster Tokyo

Ms. Stoupe is an associate in the Litigation Department of Morrison & Foerster’s Tokyo office and is licensed to practice law in the State of California, England and Wales, and New Zealand. She has experience in a wide range of international commercial dispute resolution matters including internal company fraud and quality investigations, licensing disputes, electronic commerce issues, general contract disputes including transportation and sales contracts, patent disputes, trade secret and unfair competition issues and general corporate matters. Ms. Stoupe’s emphasis is on intellectual property and international dispute resolution including arbitration and mediation. She has represented clients in a variety of industries including biotechnology, electronics, transportation, trading and manufacturing. Ms. Stoupe obtained her B.A. and LL.B (Honors) from the University of Auckland in 1995. While practicing in New Zealand, she obtained a Masters of Commercial Law (First Class Honors), graduating at the top of her class. In 1999 she was awarded the Fulbright Buddle Findlay Award to study for a LL.M at Duke University.











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