How the Singapore Convention on Mediation will Change Japan-Related Cross-Border Disputes

Event Details

From 1 April 2024, the Singapore Convention on Mediation (SCM) comes into force in Japan. This comes six months after the country acceded to the SCM, making it the 12th State Party to the Convention and the biggest economy so far to ratify. Japan's ratification demonstrates the country's strong support of mediation as an expeditious and cost-effective mode of international commercial dispute resolution that offers confidentiality and enforceability.

Henceforth, where parties to cross-border mediation have agreed to the application of the SCM, the resulting settlement agreement may be registered in Japanese courts for enforcement purposes. This development will be of keen interest to legal practitioners managing cross-border disputes involving Japanese parties, as well as MNCs and their in-house counsels.

In this special seminar to mark the coming into force of the SCM in Japan, find out more about:

Facilitative-style mediation typically used in a cross-border disputes by watching a live mock mediation roleplayed by in-house counsel and practitioners;
How Japan is the first country to accede to the SCM;
How Japan's accession may impact parties involved in Japan-related disputes;
Addressing considerations when mediating Japan-related disputes; and
How the companies and their lawyers can collaborate with the Japan International Mediation Centre and Singapore International Mediation Centre to resolve Japan-related commercial disputes.

Agenda

April 24, 2024

Main Schedule

1:00 PM - 1:30 PM

Registration

1:30 PM - 1:40 PM

Welcome Speeches

Aoi Inoue (Partner & Head of the International Arbitration Practice, Anderson Mori & Tomotsune)

1:40 PM - 2:50 PM

Roleplay

Yoshihiro Takatori (International Arbitrator, F.C.I.Arb., and Mediator (SIMC and JIMC) | Attorney at Law, admitted to N.Y. and Japan Harvard LL.M, Kasumigaseki International Law Office, International Arbitration Chambers)

Brian Chi (General Counsel at Kyndryl Japan)

Masako Takahata (General Counsel, Exponential Decisions Inc. | Director & Chair of International Committee of Japan In-House Lawyers Association | Advisory Board Member of JIDRC at Indusirial Decisions Inc.)

Tomoki Yanagisawa (Partner, TMI Associates)

Aiko Hosokawa (Partner, Oh-Ebashi LPC & Partners, Tokyo office)

2:50 PM - 3:00 PM

Break

3:00 PM - 4:00 PM

Panel Discussion

Hiroyuki Tezuka (Chief Director, JIMC-Kyoto | Vice President, JAA | Partner, Nishimura & Asahi (Gaikokuho Kyodo Jigyo) | International Mediator, SIMC)

Chie Nakahara (Partner at Nishimura & Asahi)

Fumiyasu Miyazaki (Attorney, International Affairs Division, Minister's Secretarial, Ministry of Justice of Japan)

4:00 PM - 4:10 PM

Q&A

4:10 PM - 4:20 PM

Photo-taking

4:20 PM - 5:00 PM

Networking Reception

Speakers

George Lim SC

Chairman, SIMC

Lok Vi Ming SC

Deputy Chairman, SIMC

Hiroyuki Tezuka

Chief Director, JIMC-Kyoto | Vice President, JAA | Partner, Nishimura & Asahi (Gaikokuho Kyodo Jigyo) | International Mediator, SIMC

Yoshihiro Takatori

International Arbitrator, F.C.I.Arb., and Mediator (SIMC and JIMC) | Attorney at Law, admitted to N.Y. and Japan Harvard LL.M, Kasumigaseki International Law Office, International Arbitration Chambers

Brian Chi

General Counsel at Kyndryl Japan

Masako Takahata

General Counsel, Exponential Decisions Inc. | Director & Chair of International Committee of Japan In-House Lawyers Association | Advisory Board Member of JIDRC at Indusirial Decisions Inc.

Aoi Inoue

Partner & Head of the International Arbitration Practice, Anderson Mori & Tomotsune

Tomoki Yanagisawa

Partner, TMI Associates

Chie Nakahara

Partner at Nishimura & Asahi

Aiko Hosokawa

Partner, Oh-Ebashi LPC & Partners, Tokyo office

Fumiyasu Miyazaki

Attorney, International Affairs Division, Minister's Secretarial, Ministry of Justice of Japan

George Lim was called to the Bar in Singapore in 1981, and has practised law for more than 40 years. He was appointed Senior Counsel by the Chief Justice in 2010, and was President of the Law Society of Singapore between 1998-1999. In January 2017, George was appointed Chairman of the Singapore International Mediation Centre (SIMC).

George has mediated more than 800 disputes, and has extensive experience in mediating cross-cultural, cross-border disputes in Singapore, Thailand, Taiwan, Maldives, South Korea, Australia and Fiji. George has also conducted mediation training for judges and lawyers in Singapore, Thailand, Philippines, Malaysia, Dubai, Bahrain, Maldives, Hong Kong, South Korea, Japan, India and Fiji.

George is on the panel of arbitrators of the Singapore International Arbitration Centre (SIAC). He is the Dispute Resolution Counsellor of the National Electricity Market of Singapore, and manages the dispute management process of the energy market.

Between 2009 – 2010, George served as the first chairman of the Asian Mediation Association. In 2013, he co-chaired a working group, appointed by Chief Justice Sundaresh Menon and the Ministry of Law, to make recommendations on developing Singapore into a centre for international commercial mediation.

George was Singapore’s mediation consultant to UNCITRAL Working Group II, which led to the adoption of the Singapore Convention on Mediation in 2019. In October 2019, he was appointed to the Roster of Panel Chairs of the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) on Dispute Settlement. In 2020, George was awarded the Public Service Star by the President of Singapore for his contributions to mediation.

George has mediated many cross-border disputes, including investor state disputes and claims against governments. In 2021, he successfully mediated a US$1b dispute between Posco Energy and FuelCell Energy (reported in Global Arbitration Review, 6 Jan 22).

George has been named by The International Who’s Who of Commercial Mediation as a global thought leader in mediation. He is the co-editor of Mediation in Singapore: A Practical Guide.

Mr Lok Vi Ming SC is the Managing Director of LVM Law Chambers LLC.

He was appointed a Senior Counsel in 2005 and was President of the Law Society of Singapore in 2013 and 2014.

Vi Ming is recognised as one of the leading aviation and insurance lawyers in Singapore. He is cited in numerous leading legal directories including Chambers, The Legal 500, The International Who’s Who of Aviation Lawyers and Insurance Lawyers, and in Euromoney Legal Media’s Guide to the World’s Leading Aviation and the World’s Leading Insurance & Reinsurance Lawyers. In its 2017 Edition, Chambers listed him as a leading litigation with a ‘solid reputation’ in aviation and insurance litigation with “very sound understanding of legal complexities”.

He is active as arbitrator and mediator for both international as well as domestic disputes. Vi Ming is listed as arbitrator on the panels of numerous arbitration centres and is a mediator on the panels of both the Singapore Mediation Centre and the Singapore International Mediation Centre. He is presently, amongst other appointments, the Vice Chairman of SIMC and is also a Member of the Board of Trustees of the Singapore University of Social Sciences.

In 2021, Vi Ming received the prestigious CC Tan Award from the Law Society, honouring the values of honesty, fair play and personal integrity, which exemplify his practice.

Hiroyuki heads the international dispute resolution practice at Nishimura & Asahi. He specializes in international commercial litigation, arbitration, and mediation. He has represented many international clients, including multi-national manufacturers, banking and securities firms, insurance companies, and news media in disputes involving M&A, antitrust laws, corporate governance, insurance laws, intellectual property, defamation, joint ventures, licensing, construction, and other commercial matters, as well as international bankruptcy. He has been involved in a number of international arbitrations as counsel, sole arbitrator, and co-arbitrator (including chair) before the ICC, JCAA, AAA-ICDR, VIAC, KCAB, and SIAC.

Hiroyuki serves as Vice President of the Japan Association of Arbitrators and as Chief Director of the Japan International Mediation Center in Kyoto, was Vice Chair of the Arbitration Committee of the IBA Legal Practice Division, and was Co-Chair of the Dispute Resolution and Arbitration Committee at the IPBA from 2016 to 2020. From 2013 to 2016, he taught international arbitration and international dispute resolution at the University of Tokyo, School of Law as a visiting professor. Since 2013, he has been a member of the SIAC’s Court of Arbitration. He is also a member of the International Court of Arbitration of the ICC, and since 2018, he has been a Council member of the ICC Institute of World Business Law.

Yoshihiro (Yoshi) is the Executive Director of Japan Arbitrators Association; Co-Convener of Japan Chapter, Chartered Institute of Arbitrators (CIArb); Chair of Web Hearing Committee, Japan International Dispute Resolution Centre; Arbitrator at the Singapore International Arbitration Centre, Japan Commercial Arbitration Association, Korean Commercial Arbitration Board and Hong Kong International Arbitration Centre; and Japan Expert Mediator at Singapore International Mediation Centre. He was the only Japanese lawyer in Financial Times’ top 10 legal innovators for Asia-Pacific region 2019. He has been continuously ranked a Band 1 dispute resolution lawyer by Chambers, and named a Leading Lawyer by Legal 500.

After heading dispute resolution practices at the Paul Hastings and Orrick Tokyo Offices, Yoshi established the International Arbitration Chambers at KILO in May 2020. He conducts training for Japanese judges and legal trainees on international ADR, including IP disputes, requested by the Japanese Government and various Bar Associations.

He was the mediator of the very first co-mediation under the joint protocol by SIMC and JIMC, and was the chair of the three arbitral tribunal of the first expedited arbitration case as under JCAA rule.

Masako Takahata is General Counsel of Exponential Decisions Inc., which is a fund management and consulting firm focusing on the energy sector.

She was admitted to the Japanese bar in 2000 and with Ushijima & Partners, where she practiced corporate, M&A, real-estate finance and labour laws. She has more than 20 years of experience serving as a senior counsel and/or general counsel at multinational investment banks and corporations advising on cross-border transactions as well as international arbitration, with a particular expertise as a general counsel of Japanese companies and their U.S. and European subsidiaries on their investments and investment-related disputes around the globe.

In addition, she has committed to the international arbitration community and, in 2020, was appointed as a member of the Legislative Council for the amendment of the arbitration law of Japan. She serves as an Advisory Board member of the Japan International Dispute Resolution Center (JIDRC) and a Users’ Council member of the Singapore International Arbitration Centre (SIAC).

Her current roles in professional associations include: Vice Chair of International Committee, Daini Tokyo Bar Association; Member of Committee on International Relations, Japan Federation of Bar Association; Director & Chair of International Committee, Japan In-house Lawyers Association; and, Asia-Pacific Regional Forum Officer, International Bar Association.

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, construction projects, licensing, distributorship, 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 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 is a member of the Specialist Mediator Panel (Japan) of the Singapore International Mediation Centre (SIMC).

He currently serves as an executive director of the Japan International Dispute Resolution Center (JIDRC) and a director of the Japan Association of Arbitrators (JAA). He is a member of the International Advisory Board of the Vienna International Arbitral Centre (VIAC). He has been recognized as a leading arbitration lawyer in Chambers & Partners, Who's Who Legal: Thought Leaders, The Legal 500, Benchmark Litigation and Best Lawyers.

Mr. Inoue received his LL.B. from the University of Tokyo, and holds an LL.M. from Columbia Law School. He is admitted to practice in Japan and New York. He worked for Hughes Hubbard & Reed LLP, a New York law firm as a visiting attorney (2010 to 2011) before he resumed his position at Anderson Mori & Tomotsune.

Tomoki Yanagisawa is a partner at TMI Associates, based in Tokyo. He focuses his practice on complex commercial litigation and international arbitration for both Japanese and international clients. His experience includes disputes involving construction, product liability, franchise, corporate takeovers, derivatives, life insurance, corporate tax, investments, trade secrets, employment, and real estate transactions. Tomoki has an accomplished track record as a trial and appellate lawyer, including a successful oral argument before the Supreme Court of Japan. He also advises cross-border corporate transactions and regulatory investigations involving multiple jurisdictions. He is a Fellow of the Chartered Institute of Arbitrators and serves as a member of the ICC Commission on Arbitration and ADR. Tomoki graduated from The University of Tokyo (LLB), The University of Chicago (MPP), and Stanford University (LLM). He is admitted to practice in Japan, New York, and California. Tomoki also served as the Group General Counsel for ASICS, a global manufacturer of sporting goods, where he was responsible for all legal and intellectual property matters of the company.

Aiko Hosokawa is a partner at Oh-Ebashi LPC & Partners, Tokyo office. Following her admission to the Japanese bar in 2011, she started working at Oh-Ebashi LPC & Partners and has engaged in cross-border dispute resolution, including international commercial arbitration and mediation. She has represented clients in international arbitration cases in various arbitral institutions, such as SIAC, ICC, AAA-ICDR, JCAA, and CAS.

She graduated from the University of Tokyo Faculty of Law (LL.B.) in 2008, the University of Tokyo School of Law (J.D.) in 2010, and the University of California, Berkeley, School of Law (LL.M.) in 2017. She was seconded to the international arbitration team in a German major law firm during 2017-2018. She served as Deputy Secretary General of the Japan International Dispute Resolution Center (JIDRC) until March 2024.

Mr. Fumiyasu Miyazaki has been Attorney of the Ministry of Justice of Japan since April 2019.

In his current role within the Minister’s Secretariat International Affairs Division, he addresses the formulation of Japan’s strategies on international civil legal matters, including dispute resolution. Additionally, he represents Japan in multilateral forums, with a particular emphasis on the United Nations Commission on International Trade Law (UNCITRAL).

He began his career as a Judge and served in various district courts such as Tokyo and Kokura. After he was transferred to the MOJ in 2019, he engaged in projects aimed at reforming the Civil Act to address issues related to abandoned real property and the digitalization of civil court proceedings.

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