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The Investment Treaty Arbitration Review - Third Edition: Covered Investors Chapter

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The Investment Treaty Arbitration Review - Third Edition: Covered Investors Chapter

Yutaro Kawabata, Kojiro Fujii and Shimpei Ishido co-authored the Covered Investors chapter of The Investment Treaty Arbitration Review - Third Edition, published by Law Business Research.

Authors

[Browser Test] JA 河端 雄太郎

Focusing on disputes arising out of the termination of contracts, in particular for clients in the automotive, pharmaceutical, electronic devices, apparel, and food & beverage sectors, Yutaro Kawabata is a “divorce lawyer” for companies. Since joining Nishimura & Asahi in 2004, he has been involved in a number of major international arbitration and commercial litigation cases.

藤井 康次郎

With regard to competition laws, he advises clients on various matters of competition law for both domestic and international cases. He has represented clients with many important international cartel cases, including auto-parts, TFT-LCD, air cargo and high voltage power cables. He also handled significant merger cases in various industries, such as nuclear, security exchanges, local banks, steel and metals, food and agriculture, airlines, paper and natural resources. His practice also covers private monopolization, unilateral conduct and unfair trade practices, including vertical restraints and abuse of superior bargaining position, including platform business and internet industries. He also has been very active in the field of international trade matters. He is one of few lawyers in Japan who acted on behalf of various industries with regard to anti-dumping (AD) and counter-vailing duties (CVD) in Japan and overseas. While he served as deputy director of the Ministry of Economy, Trade and Industry of Japan, he handled several important WTO disputes on behalf of Japanese government. He continues to advice both public and private sectors with regard to various sorts of trade law matters associated with WTO, investment treaties and Regional Trade Agreements. His trade expertise also covers export controls, investment screenings, economic sanctions and customs matters.

Shimpei Ishido has been active in the field of international trade matters and international investment disputes for many years. He advises and represents governments and major corporations with regard to investment arbitration under ICSID, ICC, and UNCITRAL arbitration rules. He currently serves as a member of the Japanese delegation to UNCITRAL Working Group III (Investor–State Dispute Settlement Reform). He also advises the government and corporations regarding anti-dumping and countervailing measures and WTO dispute settlements proceedings concerning such trade remedy measures.

In addition, he usually provides his clients with general advice on a variety of international law issues, including investment protection, economic sanctions, government procurement, trade in services, e-commerce, sovereign and diplomatic immunities, law of the sea, and space law. His client engagement in these fields of international law includes:
i) capacity-building training on international investment law and trade in services to government officials of various states in the Asia-Pacific Region and Central Asia;
ii) advice on government procurement procedures covered by GPA and FTA/EPAs;
iii) advice on sovereign or diplomatic immunities issues concerning contracts between a foreign government/international organisation and a private entity;
iv) advice on international law issues arising from private entities' exploration of space resources on the Moon and other celestial bodies.

Before joining Nishimura & Asahi, he led, as legal counsel to the Ministry of Foreign Affairs of Japan, the negotiation of Japan’s international investment agreements, including the investment and trade in services chapters of the Trans-Pacific Partnership, the Japan–EU EPA, the ASEAN–Japan Comprehensive Economic Partnership, the Japan–Australia EPA, the Japan-Mongolia EPA, and the Japan–Mozambique BIT.

He received an LLM in international law from University College London.