Balancing Economic Security and Investment Protection, Part I

Lars’ practice is focused on commercial and investment arbitration. He has particular expertise in contentious proceedings involving post-M&A, commercial, manufacturing, construction, and distribution matters, in areas such as life sciences, automotive, and energy. Lars also deals with cases involving governments, and has advised foreign investors and sovereign states on issues of foreign direct investment and public international law, including related negotiations and investor-state disputes. He has been involved in more than 50 international arbitrations as counsel and arbitrator under the arbitration rules of institutions such as the ICC, DIS, SAC, NAI, ICDR, KCAB, JCAA, SIAC, and ICSID, as well as under the UNCITRAL Rules.

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.

Ms. Tomimatsu has extensive experience in the field of international economic law and international arbitration and litigation relating to cross-border business and investment.

She is familiar with EPAs/FTAs (especially in the areas of investment and services, and sustainable development, including labor, environment, and state-owned enterprises), investment agreements/BITs, and international economic law relating to natural resources and energy. She has extensive experience in negotiating international agreements and resolving international economic disputes, and has been involved in the formation of international economic rules and their strategic application in order to ensure fair competition and improve the business environment both in Japan and overseas. She also provides clients with analysis and advice on the formation of rules and their strategic operation and utilization.

With regard to international dispute resolution, she has particular expertise in investor-state dispute settlement procedures (ISDS), international commercial arbitration and mediation, and domestic and international litigation. With regard to foreign investment, utilizing her experience in handling international economic disputes gained at a U.S. law firm, she advises on the prevention of economic disputes in international transactions and business development in foreign countries, as well as on issues to be resolved locally by companies, in particular, those who have suffered or may suffer economic loss due to domestic or foreign discriminatory measures, expropriation and unfair treatment involving the host country of the investment.

She is the author of numerous publications and seminars papers, and frequently presents at conferences on international investment law and international arbitration.