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Nishimura & Asahi contributes to the APEC Secretariat’s efforts to examine and assess investment-dispute prevention and mitigation systems
Lawyers in our Tokyo office contributed to the publication of the APEC Secretariat’s report titled “Research and Survey on the Dispute Prevention and Mitigation System in APEC Economies.” This report further elaborates on our presentation in August 2025 at the APEC Third Senior Officials’ Meeting and assesses the dispute prevention and mitigation systems that have been introduced by APEC members, with the aim of resolving disputes between foreign investors and host economies.
The team was led by Tokyo counsel Motohiro Maeda, partner Yukiko Tomimatsu, and counsel Daniel Moris.
People
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.
In the field of Competition Law, Daniel provides support in complex merger filings, cartel cases, leniency applications, internal investigations, and general antitrust matters. In the field of International Trade Law, Daniel has been involved in a wide range of matters, including WTO disputes, trade remedies (anti-dumping, subsidies, safeguards, anti-circumvention measures) domestically and internationally, and matters involving economic partnership agreements such as the CPTPP. Daniel is known for his deep understanding of each topic and practical approach.
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.