Nishimura & Asahi

An arbitration leader in Japan that’s drawing increasing attention on the international stage

Japan’s biggest law firm, Nishimura & Asahi is also the only Japanese firm in the GAR 100. It was established in 1966 and has been involved in a number of arbitrations over the years, spanning M&A, joint ventures and construction. With Japan only recently beginning to make progress as an arbitral seat, the firm’s activities in this field haven’t been as visible as those of its counterparts in, for example, South Korea.

But the work is there. It’s been active in disputes across Asia, taking on cases at major institutions like the ICC, SIAC and CIETAC, as well as the Japan Commercial Arbitration Association (JCAA), the Korean Commercial Arbitration Board (KCAB) and other recognised bodies in Indonesia, Vietnam and Thailand.

In 2010, it caught attention for winning a pro-New York Convention ruling in the Tokyo courts for insurance company AIU during set-aside proceedings; the case was shortlisted for a GAR award.

The practice is led by Tokyo partner Hiroyuki Tezuka, who is a familiar face around the region – he sits on the SIAC Court and the KCAB international arbitration committee, as well as the ICC Court.

The team also includes partner Chie Nakahara; English-qualified foreign attorney Natalie Yap, who joined in 2017 from Watson Farley & Williams in Singapore; and partner Lars Markert, who arrived from the Stuttgart office of Gleiss Lutz in 2018, having previously spent two years on secondment at Nishimura. He has experience in commercial and investment arbitration, and also sits as arbitrator.

Another name to know is Singapore partner Shintaro Uno, who has been helping the firm branch out into Singaporean and Indonesian arbitrations, particularly construction-related cases. Uno also sits as arbitrator. 

Counsel Azusa Saito relocated from Tokyo to New York in 2018.

The firm raised its international profile further in 2018 when it hired two new foreign attorneys, including Anne-Marie Doernenburg – a German national who previously practised at Freshfields Bruckhaus Deringer. 

Doernenburg supports Markert in his efforts to secure more investment arbitration work for the firm. Markert recently obtained an instruction from a Japanese ministry to compile information on the 50 leading investment treaty arbitrators – a contract for which the firm beat several specialised international law firms.

Network

The firm has offices in four Japanese cities and 11 overseas offices including Beijing, Shanghai, Hanoi, Ho Chi Minh City, Yangon, Bangkok, Singapore, Taipei, Frankfurt, Dubai and New York, as well as affiliate offices in Hong Kong and Jakarta. 

In 2020, Nishimura became the first Japanese law firm to launch a formal law alliance in Singapore, after it teamed up with local firm Bayfront Law.

Who uses it?

Major clients include Novartis, Mitsubishi Fuso Truck and Bus, and Honda Motors.

Track record

A Japanese automotive company used the firm to good effect in a US$300 million dispute with a former Asian distributor. The firm obtained an anti-suit injunction in 2017 from a JCAA tribunal, then went on to prevail in the arbitration in the following year. The client was granted the declaratory relief it asked for along with costs.

Markert helped a Japanese pharmaceutical company settle an ICC case with a Danish pharmaceutical company on favourable terms.

In 2018, the firm successfully defended a Japanese automotive client in a US$70 million JCAA case brought by a former distributor in the Middle East. Herbert Smith Freehills in Tokyo was on the other side.

Together with a UK firm, Nishimura & Asahi helped a large Japanese corporation secure the dismissal of a US$175 million claim relating to the termination of a distribution agreement.

A team led by Uno secured a win for a Japanese client in a BANI arbitration, following which the respondent, a local developer, filed set-aside proceedings in an Indonesian court. The firm says it is handling several parallel court proceedings arising from Indonesian-seated arbitrations.

Recent events

Nishimura & Asahi obtained a favourable settlement for a Japanese client in a US$7.3 billion dispute over a joint venture between companies engaged in power plant construction projects.

At the JCAA, it is currently advising a Japanese company in its contract dispute with a fellow global leader in the manufacturing sector.

Client comment

A Japanese client who worked with Nishimura on an M&A dispute in Singapore says the firm “tirelessly dedicated themselves in preparation for the evidentiary hearing”. The client singled out Markert’s ability to “always respond to any difficult question promptly and deal with any emergency” and his capacity to come up with “creative tactics”. Akihiro Hironaka also impressed with his “deep understanding of the peculiarities of Japanese companies” and his “flexible mind”.

A client in the manufacturing sector reports that Nishimura has handled an ongoing arbitration “perfectly” and that the team is distinguished by its experience.