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Admissions

 

Japan

 

Languages

 

Japanese

English

 

 

Shuji Yanase

 

Shuji Yanase is a member of the Tokyo Bar Association, and since 2014 has been engaged in business as President & Representative Director of a company (“OK Corporation”) operating a chain of supermarkets in the Tokyo metropolitan area. Mr. Yanase served as Chairman of Nagashima Ohno & Tsunematsu law firm in Tokyo from 2000 to 2005, and as Of Counsel at the firm from 2006 to 2014. He has been practicing law for over forty years, and his principal areas of practice have been international financing and securities; M&A; joint ventures and other international transactions, and include, in the most recent decade, international dispute resolution.

He is a member of the Board of Visitors of Columbia Law School, the Private International Law Association of Japan, the Arbitration and ADR Law Society of Japan, and Rotary International. 

Admitted to Practice

 

  • Japan (1968)

  • A member of the Tokyo Bar Association

 

Educational Background

 

  • LL.B., University of Tokyo, 1966

  • LL.M., Columbia University, School of Law, 1972 (Grantee of Fulbright Scholarship of the United States)

 

Overseas Traineeship

 

  • Jones Day (formerly Jones, Day, Reavis & Pogue), Cleveland, 1972

 

Area of Practice and Professional Experience

 

  • International financing and securities

  • Advising lead managers or issuers (including sovereign issuers, the Metropolis of Tokyo and other municipalities, and banks and manufacturers) of equity or debt securities in Euro-dollar market, in the United States or, in case of non-Japanese issuers, in Japan, in 1970’ and 1980’ (including assistance in developing prospectus and other disclosure documents describing issuers’ businesses and risks associated therewith)

  • Assisting banks and other companies in 1990’s and early 2000’ in securitisation transactions; in all cases including negotiations of relevant agreements

  • Joint ventures, licensing, and other international transactions; including mergers and acquisitions

  • Advising mainly Japanese manufacturers and financial institutions in connection with their overseas operations, including negotiations of joint venture agreements, license agreements or distributorship agreements and negotiations of M&A agreements, and International dispute resolutions (particularly since 1990’s)

  • Acting as counsel to Japanese companies in litigations in countries outside Japan (including the United States, Germany, France, England, Colombia and India) and in international arbitrations

 

Law Firm Administration

 

  • Co-founder of Tsunematsu Yanase & Sekine (established in 1988) and its Managing Partner from 1992 to 1999 (The firm was one of Japan’s most distinguished international finance and securities law firms)

  • Chairman, Nagashima Ohno & Tsunematsu (2000 –2005) (This firm was formed by the merger of Nagashima & Ohno and Tsunematsu Yanase & Sekine, to create the first large-scale law firm in Japan)

  • Of Counsel of Nagashima Ohno & Tsunematsu (2006 to 2014)

 

Corporate Service

 

  • Outside Corporate Auditor of Hogi Medical Co., Ltd., Tokyo Japan (a company listed on the Tokyo Stock Exchange) (since 2007)

  • Outside Director of OK Corporation, Tokyo Japan (2006 to 2014)

  • President & Representative Director of OK Corporation (since 2014)

  • Outside Member of the Corporate Ethics and Governance Committee of Snow Brand Milk Products Co., Ltd. (currently MEGMILK SNOWBRAND Co., Ltd.), a company listed on the Tokyo Stock Exchange (2008 to 2014)

  • Member of the Board of the Insurance Ombudsman Institute of foreign insurance companies in Japan (2010 to 2014)

 

Publications

 

  • “Disclosure System” in Lectures on Japanese Securities Regulation, Japan Securities Research Institute, 1980

  • Co-Author, with Ken Tsunematsu, “International Securities Regulations-Japan,” Robert D. Rosen, ed., Oceana Publications, Inc.

  • “Use of Trusts in Real Estate Securitisation and Protection of Investors” (in Japanese), Kinyu Homu Jijo, Kinzai Institute For Financial Affairs, Inc., 2001

  • “Bilateral Investment Treaties of Japan and Resolution of Disputes with respect to Foreign Direct Investment”, ICCA International Arbitration Congress Series No.11, Kluwer Law International, 2003

  • “Merits of International Arbitration – Suzuki’s case against the Government of India” (in Japanese), The Lawyers, 2007

  • “Material Facts to be Alleged and Proved (Yoken Jijitsu) for claiming lease payment under a Finance Lease Contract” (in Japanese), Hosei Law Review June 2008, Hosei Law School in Tokyo

  • “The Challenge for Corporate Law and Securities Regulations – Prof. William L. Cary’s Class –” (in Japanese), Hosei Law Review April 2010, Hosei Law School in Tokyo

  • “Certain Issues relating to International Conflict of Laws In Cross-Border Business Activities” (in Japanese with a summary in English), Japanese Yearbook of Private International Law No. 12, 2010, Private International Law Association of Japan

  • “The Role of Lawyers in the Cross-Border Economy and Society” (in Japanese), Hosei Law Review September 2011, Hosei Law School in Tokyo

  • Asia Arbitration Handbook, Michael J. Moser and John Choong, ed., Oxford University Press (2011), Japan section, Co-Author with Yoshimi Ohara: “Investor-State arbitration in Japan”

  • “The Standards of Judgment for Dispute Resolution in Financial ADR of Japan”, Columbia Journal of Asian Law, Volume 26, Number 1, Spring 2013

 

Lecture and Speech

 

  • Seminar for approximately twenty scholars of foreign countries regarding “Disclosure System in Japan” for the comparative law studies undertaken by the Securities and Economic Research Institute of the Pennsylvania Law School (1980)

  • “Rise of Large Japanese Law Firms and Legal Practice in Japan” at Columbia Law School and Chicago Law School (both in November 2002)

  • “Business Negotiations in International Arena” at Duke Law School (September 2002) and at Chicago Law School (October 2004) and, in the Japanese language, at the Keio University Law School in Tokyo (July 2005)

  • “Prevention and Resolution of Disputes in International Business Activities” (in Japanese language) at the Keio University Law School in Tokyo in July 2004 and in January 2007

  • “Matters to be Considered in Preparation of Arbitral Awards”, ”Role of Arbitrators” and “Responsibilities of Arbitrators and their Expectations to Parties’ Counsel” (all in the Japanese language) at the Sophia University Law School in Tokyo in February 2005

  • “Dispute Resolution Clauses in Bilateral Investment Treaties of Japan” delivered in Japanese language to the ADR Study Group of Nagashima Ohno and Tsunematsu (June 2006)

  • “The Future of U.S. – Japan Relationship” at Columbia Law School (November 2006)

  • “Establishment and Proposal of the Japan Financial ADR/Ombudsman Study Group” (in Japanese) at the 15th NIRA (National Institute for Research Advancement) Policy Forum held in April 2007

  • “Lawyers in Globalization” at Columbia Law School (November 2007)

  • “Japan Financial ADR/Ombudsman Study Group” at Columbia Law School (November 2007) and at Duke Law School (March 2008)

  • “Activities of the Japan Financial ADR/Ombudsman Study Group” (in Japanese) at the Waseda University in Tokyo (January 2008)

  • “Legal Services to be Rendered in Anticipation of Future Disputes” (in Japanese) at the Sophia Law School in Tokyo (February 2008)

  • “ADR Systems in EU and Asia – To Improve ADR Practice in Japan” given in Japanese language, in collaboration with Professor Yasunobu Sato of the University of Tokyo, to members of the Operating Committee of the Dispute Resolution Center of the Tokyo Bar Association (May 2008)

  • “Criteria for Judgment in Resolution of Disputes in Financial ADR” (in Japanese) at the Financial Facsimile Journal in Tokyo (November 2010)

  • “Broader Classification of Concerns to be Solved Behind the Regulations or Practices in Bond Market”, Asian Bond Market Forum (ABMF), Manila Meeting Presentation, 2010

 

Professional

 

  • Country Reporter for Japan on the Board of Reporters of the Institute for Transnational Arbitration for International ADR.co., a website sponsored by ITA and Kluwer Law International for publication of information on international arbitration (2001 to 2014)

  • A regular participant in the Symposium on Building the Financial System of the 21st Century: an Agenda for Japan & the United States (2002 to 2014)

  • Member of the Operating Committee of the Dispute Resolution Center of the Tokyo Bar Association (since 2004)

  • Advisory Counsel to the Japan Arbitrators Association (2005 to 2014)

  • Chairman of the Japan Financial ADR/Ombudsman Study Group (2007)

  • A regular participant in the Cross-Border Investment M&A, sponsored by the New York University Stern Business School, the Beijing University Guanghua School of Management and the Cambridge University Judge Business School (since 2009)

  • Executive Vice Chairperson of the Capital Markets Association for Asia (2010)

  • Legal Counsel to the Tokyo Stock Exchange Group for Asian Bond Market Forum (ABMF) initiated by the Financial Ministers of ASEAN +Three Countries (2011 to 2014)

  • Co-Chair of the Research and Advisory Group For Asian Inter-Regional Professional Securities Market Self-Regulation (2011 to 2014)

  • Educational: Member of the Board of Visitors of the Columbia Law School (since 2002)

  • Professor (part-time) of the Hosei Law School in Tokyo, teaching Private International Law, International Business Transactions and International Civil Procedures (2005-2011)

  • Part-time Lecturer of the Sophia University Law School to assist ADR Workshop (since 2007-2011)

  • Judge of the Inter-College Negotiation Contest carried out in the English language in Tokyo (since 2007)

 

Academic

 

  • Visiting Senior Fellow and Professor of Waseda University, the Waseda University’s Global COE (Center of Excellence) project for creating a new corporate legal framework for a matured civil society (2009-2011)

  • Member of the Private International Law Association of Japan

  • Member of the Japan Arbitration Association

  • Member of the ADR Law Society of Japan

  • Member of the Access to Judicial Remedy Society of Japan

 

Social

 

  • Member of Rotary International

 

List of Arbitrators

 

  • Dispute Resolution Center of the Tokyo Bar Association

  • Japan Commercial Arbitration Association

  • Permanent Court of Arbitration of Slovenia (List of Foreign Arbitrators)

 

Mr Yanase is available to accept appointments as an arbitrator.