METI’s 2024 Project on Strengthening Critical Technology Controls Through Investment Regulations: Report on Trends and Practices of Inbound and Outbound Investment Regulations in Key Jurisdictions

Kojiro Fujii specializes in the fields of competition law and international trade law. He also covers emerging areas of digital policy/regulations and public policy/regulations, such as those related to sustainability. His expertise in these areas is frequently recognized by international and domestic legal publications. Kojiro also is regularly ranked by Chambers (Band 1 International Trade, Japan and Band 2 TMT, Japan) and Who’s Who Legal (Competition). He achieved the highest ranking in the “International Trade and Economic Security” category of Nikkei’s “Most successful lawyers” (as voted by Japanese companies and peer lawyers) in 2022; he was recognized by Asian Legal Business as one of the Top 15 Technology, Media and Telecommunications Lawyers in Asia in 2023; and he was shortlisted for the FT Innovative Lawyers Awards Asia-Pacific as the Most Innovative Practitioner for his work covering those areas in 2024.

In addition to his career at N&A, he served as the deputy director of the Ministry of Economy, Trade and Industry of Japan, where he handled several important WTO disputes on behalf of the Japanese government. He also worked at a highly reputable international law firm in Washington DC, where he focused on antitrust matters.

He served as Director for Foreign Direct Investment Issues at the Ministry of Finance of Japan for three years from 2019 to 2022. During his tenure, he was the chief architect and strategist of the amendment of the FEFTA in 2020, where the threshold for prior mandatory notification for the acquisition of listed company shares by foreign investors was lowered from 10% to 1%. After the enactment of the amendment, he was in charge of reviewing the scope of designated business for the mandatory notification (addition of pharmaceuticals and medical equipment for communicable diseases, and critical mineral resource-related industries), strengthening the operation of screening and post-transaction monitoring, and strengthening cooperation in investment screening with relevant authorities of like-minded countries, including CFIUS of the U.S. He was also engaged in the planning and drafting of the revision of the FEFTA in 2022 (related to crypto assets) and the prohibition of new investment in Russia in response to Russia’s invasion of Ukraine.

He is the co-author of a section-by-section commentary on FDI screening under the FEFTA (“Sho-kai Gaitame-hou, Inward Direct Investment and Specified Acquisition Edition” (Shoji Homu, June 2021). He was also a speaker at webinars on FDI screening for government officials of member countries organized by the Organization for Economic Cooperation and Development (OECD).

May 2021 – Webinar on Transparency, Predictability and Accountability for investment screening mechanisms
May 2022 – Regulatory proportionality of investment screening mechanisms

He has handled mainly China's legal affairs for more than 20 years, and has a wealth of experience advising numerous Japanese companies investing in China, Chinese-related M&As, corporate restructuring and withdrawal, crisis management, intellectual property rights, labor, litigation and disputes, and Chinese companies' investment projects in Japan. Having spent more than 10 years in Shanghai, China he has earned the trust of his clients thanks to his ability to solve problems in the field. He has written numerous books, papers, and lectures in the fields of Chinese legal affairs and intellectual property.

Ing-Chian is a lead partner of our Taiwan practice group. As one of the few Taiwanese lawyers based in Japan, she handles a wide variety of matters for clients that conduct business in relation to Taiwan, such as M&A, finance, real estate, competition law/antitrust law, IP, and other international legal matters.
Notably, she was the first Taiwanese lawyer ever to be registered as a Gaikokuho-Jimu-Bengoshi (Registered Foreign Lawyer in Japan) qualified to practice law in Taiwan. She is based in Japan, but serves as a Co-Representative of our Taipei office, and provides our Japanese and Taiwanese clients with seamless, timely legal support for both their inbound and outbound legal needs.

Dominik serves as co-representative of our offices in Frankfurt and Düsseldorf, Germany. He advises Japanese companies on corporate and cross-border M&A matters, as well as European companies regarding their business expansion into Southeast Asia (notably Indonesia, Thailand and Vietnam). He has a wealth of international experience and brings unique insights into deal-making across different cultures in both emerging and mature markets. Before joining the Tokyo office of Nishimura & Asahi in November 2019, Dominik worked at Clifford Chance (based out of Düsseldorf, Germany, and New York) and as in-house counsel at Pfizer, Inc. (New York).

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.

Moto has practiced in all areas of international dispute settlement, including inter-State disputes, investor-State arbitration, and international commercial arbitration. He appeared before a wide range of international tribunals and the International Court of Justice. His arbitration experience has covered various industry sectors, with particular experience in disputes arising in the energy and banking sectors.

Starting in 2012 as a representative of a local law office, he has been advising subsidiaries of Japanese companies in China for over ten years. He is particularly adept at resolving issues by adopting the client’s perspective in matters such as labor and corporate malfeasance.
He supports subsidiaries of Japanese companies in China by providing expert legal advice based on his in-depth knowledge of Chinese law. Based on his many years of experience in China, he is able to resolve both domestic legal issues and complex, cross-border legal issues in a timely manner by working closely with local counsel.
He has extensive experience in solving problems faced by Japanese companies in China, including closing factories, establishing new companies, and dealing with fraud, in addition to addressing the effects these events may have on Japanese parent companies. He is also advising on Chinese legislation for developing fields, such as personal information protection and AI.

Currently based in Frankfurt, Yumiko has worked on various cross-border transactions and research projects for multinational corporations and governments. Her main practice areas are corporate/M&A, competition/antitrust, and litigation.

In addition to Tokyo, she studied and worked in various cities, including Washington, D.C., New York, London, Düsseldorf, and Frankfurt. Through such experiences, she has developed insights into various legal systems, business practices, and cultural differences, and also built a rich network with local business associations and local counsels. By leveraging such insights, she supports Japanese companies in expanding their business abroad and multinational companies in expanding their business into Japan.

Whereas her main practice area is corporate matters, she is actively engaged in various projects related to sustainability/ESGs. She completed related trainings such as FASID/Ministry of Foreign Affairs’ “International Aid Programme (certificate)” and Oxford’s Saïd Business School’s “Leading Sustainable Corporation Programme (certificate),” and has advised on various pro bono matters for international organizations and NGOs. She has insights into recent developments of legislations related to supply chain due diligence for human rights and the environment.

She has contributed to ESG practice area as well utilizing her experiences advising both public and private sectors