-International Litigation and Cross-Border Trade Disputes International transactions and cross-border disputes raise complex questions of jurisdiction, applicable law, and interpretation of treaties. We have accumulated considerable experience and expertise in these types of disputes. In addition, we are particularly skilled at obtaining judgments to enforce international judgments or arbitral decisions for our clients. -Multi-jurisdictional Litigation Support We have broad experience in obtaining recognition and enforcement in Japan of international judgments and arbitral decisions, advising on and assisting with the service of process for multi-jurisdictional litigation (for example, under the Convention on Consular Relations and the Hague Service Convention), collecting evidence, preparing affidavits, conducting discovery procedures in Japan, document requests and deposition of Japanese nationals (i.e., submitting documents to and taking depositions onsite at embassies and consulates in Japan), examining witnesses under international agreements for mutual assistance in judicial proceedings, providing expert testimony on Japanese law, and successfully applying for temporary restraining orders over assets located in Japan. -Examples of our experience include the following: ・Successfully representing a European company in a business dispute with its Japanese joint venture partner. We obtained a preliminary injunction from the Tokyo District Court, which allowed our client to recover control over the joint venture subsidiary. ・Successfully representing a major multinational corporation in a product liability case filed by one of its customers in Japan. The Tokyo District Court's dismissal of the plaintiff's claim was upheld on appeal.
INSIGHTS
PROFESSIONALS
Kenichi Sadaka is a litigation partner at Anderson Mori & Tomotsune, engaged mainly in international & domestic litigation, commercial arbitration and other dispute resolution procedures. Mr. Sadaka has represented many Japanese and foreign companies in Japan in matters concerning intellectual property issues (patents, copyrights, moral rights, publicity rights, medical import licenses, trademark, trade secrets, and unfair competition, etc.), real estate transactions, construction, labor (collective bargaining with labor unions, visa related issues, sexual harassment, dismissals, labor accidents, etc.), antimonopoly issues, disputes among management, disputes related to financial products, product liability, debt collections, inheritance, mortgage enforcement, defamation, professional malpractice, termination of distributorship agreements, international trade (LC and BL related matters), insurance, administrative remedies, and other matters. Mr. Sadaka also has experience in several overseas litigations, and has provided assistance in discovery procedures in Japan and in relation to companies in Japan. In addition to these civil dispute activities, Mr. Sadaka has conducted internal investigations for several companies in relation to intra-company crimes and, based upon such scrutiny, exposed criminal accusations for embezzlement, fraud, and similar actions. Mr. Sadaka also provides day-to-day legal service for general corporate legal affairs.
Kosuke Tsunashima represents domestic and international clients across diverse industries in litigation, mediation, arbitration, and other forms of dispute resolution. His practice covers a wide range of commercial disputes, including those arising from M&A, finance transactions, real estate, product liability and intellectual property. He has extensive experience leading complex mass litigation, including securities litigation and other large-scale disputes.
In addition to his dispute resolution practice, Kosuke Tsunashima has substantial experience in corporate matters. He has advised numerous overseas clients on investments into Japan, assisting with the establishment of Japanese branches and subsidiaries, navigating regulatory requirements, and drafting various contracts essential for their business operations in Japan.
Takefumi Sato is a partner specializing primarily in the areas of commercial litigation, arbitration, mediation and other dispute resolution proceedings. His experience covers a broad range of disputes, such as, securities litigations, M&A and Joint Venture related disputes, franchise business lawsuits, disputes over control of a company, and defective products lawsuits. He also has a broad experience in the areas of labor and employment, including, advising revision of company rules, strategic advice in a pre-dispute phase, negotiation with protesting employees, handling lawsuits, preliminary injunction and labor tribunal, and advising on collective bargaining with labor unions.
Mr. Aoi Inoue is a partner and the Head of the International Arbitration practice at Anderson Mori & Tomotsune. He specializes in international arbitration and litigation. He represents clients in a wide range of business disputes, including joint venture, distributorship, construction and infrastructure projects, licensing, franchising, complex financial products, labor & employment and product liability. He has acted as counsel in a number of international arbitrations under various rules including the ICC, SIAC, HKIAC, AAA-ICDR, JCAA, CIETAC, VIAC and UNCITRAL. He also serves as arbitrator and has been appointed to the panel of arbitrators of the JCAA, KCAB INTERNATIONAL and Japan Sports Arbitration Agency (JSAA). He has been recognized as a leading arbitration lawyer in Lexology Index Thought Leaders: Arbitration, Chambers and Partners, The Legal 500: Asia Pacific, Best Lawyers and Benchmark Litigation Asia-Pacific. Mr. Inoue also acts for overseas clients seeking to expand into Japan through international franchising. His support includes structuring, negotiating and drafting relevant documents such as international direct franchise agreements, international master franchise agreements and joint venture agreements. He also assists Japanese clients seeking to expand into foreign countries through international franchising. Mr. Inoue has been nominated for inclusion in the list of recognized franchise lawyers of Lexology Index: Franchise.
Suguru Yokoi is a partner of Anderson Mori & Tomotsune and a Registered Foreign Lawyer of Nakamura & Associates
He handles a wide range of corporate matters in relation to transactions between businesses in Greater China (Mainland China, Hong Kong, and Taiwan) and Japan, including cross-border transactions, inbound and outbound investments, divestments, crisis management, corporate compliance, business and human rights matters (human rights due diligence) and arbitration/litigation cases.
He also regularly advises foreign and domestic clients on trade remedy cases and other international trade matters, including anti-dumping investigations.
Shunsuke Domon specializes in international arbitration, mediation, and litigation. He has acted as counsel in a number of international arbitration cases under major institutional rules including Singapore International Arbitration Centre (SIAC), Japan Commercial Arbitration Association (JCAA), and Vietnam International Arbitration Centre (VIAC) as well as in mediation cases (including an online mediation under the JIMC-SIMC Joint Covid-19 Protocol).
He has also advised clients in cross-border disputes involving various jurisdictions in Southeast Asia (such as Singapore, Thailand, Vietnam, and Malaysia), Hong Kong, India, the United States, Italy, Jordan, and Egypt.
Kazuhiro Fukuda has substantial experience in both domestic and cross-border mergers and acquisitions and other corporate transactions. In particular, he has extensive experience in various Vietnamese laws related matters as an expatriate in Ho Chi Minh City since 2018. Based on his experience in the compliance department of a private enterprise, he also advises a variety of compliance and corporate crisis matters.
Hiroshige Nakagawa is a partner handling a wide range of corporate matters with a focus on cross-border transactions, investment, general corporate, competition issues, and litigation/arbitration cases. In addition, he regularly advises foreign and domestic clients on international trade matters, including anti-dumping investigation.
Ryo Okochi has expertise in cross border mergers and acquisitions, joint venture, and corporate restructuring. His practice focuses on transactions related to emerging countries such as India, Sri Lanka, Bangladesh, ASEAN countries and other African countries.
Ryo Kotoura is a partner of Anderson Mori & Tomotsune working primarily in the field of Japan-India related matters. With his experience working at an Indian law firm, he regularly advises on domestic clients advancing to South Asian Countries (India, Bangladesh and Pakistan. In particular, India) (establishment and operation of local subsidiaries, branch and liaison offices), joint ventures and acquisition of local companies (including those acquired through tender offer), research of regulations and support for filings, support for conclusion of distributorship agreements and agency agreements, employment management, management of intellectual property rights, litigation, as well as on other legal issues that Japanese companies often face in South Asian Countries (in particular, India).
He has abundant experience of advising Japanese companies disputing with the companies in South Asian countries (in particular, India) by international arbitration in a third country, those litigation in those countries etc.
He also advises domestic clients in Japan on M&A, corporate restructuring and internal compliance matters. He has abundant experience of internal investigation and outside investigation through a third-party committe.
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