TOKYO
CHAMBERS
Dispute Resolution Specialists
Who We Are
Tokyo Chambers is made up of individual lawyers with expertise in dispute resolution. All our Members are fluent in both English and Japanese and able to act as counsel, arbitrator or mediator.
Tokyo Chambers is not a firm, nor are its member partners or employees. Though Japan Chamber Members are self-employed or connected to independent law firms, in most cases, they may be instructed individually or in a team to provide a wide range and level of expertise in both contentious and non-contentious work.
OUR
EXPERTISE
ARBITRATION
Arbitration is an adjudicatory process in which a neutral third party(s) is empowered to render a final and binding decision after hearing all of the evidence, arguments, and proof of the disputing parties. Some arbitration clauses provide for the appointment of two party-appointed Arbitrators and a third neutral Arbitrator appointed by those two. Other arbitration clauses provide for the appointment of one or three neutral Arbitrators. Arbitration is binding in virtually all contractual arbitration settings and in a limited number of cases is advisory in nature. Many contracts provide for binding arbitration as the sole and exclusive remedy available to the parties.
HIGH-LOW ARBITRATION
High-Low Arbitration is an adjudicatory process in which the parties set a minimum and maximum range for the Arbitrator's decision. If the final award comes in above the maximum or below the minimum range the award is automatically adjusted to the maximum or the minimum figure. If the Arbitrator's award falls in between the two figures that figure becomes the exact amount awarded. In some cases the Arbitrator is advised of the parties' high-low agreement and in other cases the high-low arrangement is not disclosed to the Arbitrator viewing the matter with the parties each party submits a final offer. The neutral must chose the higher (or lower as the case may be) as the most reasonable.
MINI-TRIAL
Mini-trial is a settlement process which involves the presentation of a highly summarized case by the parties to three member panel comprised of a senior official from each party (with full settlement authority) and a neutral chairperson. Following the case presentations, the neutral chairperson convenes a private caucus with the two senior company officials in an effort to mediate or render a non-binding recommendation.
MEDIATION-ARBITRATION
Mediation-Arbitration is a hybrid process in which the parties attempt to resolve a dispute with the assistance of a trained Mediator and, in the absence of a final resolution, agree to have the Mediator act as an Arbitrator with binding decision-making authority. In some cases the Mediator/Arbitrator's authority is limited to the final settlement offers of the parties and in other cases the Mediator/Arbitrator may fashion any remedy he/she deems appropriate.
MEDIATION
Mediation involves using a trained neutral third party to assist disputing parties to bring about a mutually acceptable resolution of an existing dispute. The Mediator convenes joint and separate meetings with the parties to explore interests, needs, positions, and potential solutions. Mediators do not have the authority to compel a decision; resolutions must be reached and agreed to by the parties themselves.
NEUTRAL EVALUATION
Neutral Evaluation is a non-binding process which utilizes a neutral fact-finder who evaluates the merits of the parties' positions. After the parties have submitted written position statements and supporting exhibits, the neutral evaluator convenes a brief, informal hearing to hear an abbreviated version of each party's case. Thereafter, the neutral provides the parties with an objective and confidential assessment of their positions. The neutral's written assessment can serve as a valuable tool for further negotiations between the parties.
STRATEGIC FACILIATION
Using highly experienced business profesionals rather than lawyers, neutrals can assist in dealing with intra company conflicts by providing guidance and experience.
NEGOTIATED RULEMAKING
Negotiated Rulemaking provides an alternative methodology for drafting proposed regulations. Agency representatives and affected interest groups use the services of a neutral facilitator to negotiate rule drafting and implementation procedures.
FINAL OFFER ARBITRATION
Final Offer Arbitration (also referred to as "Baseball Arbitration") is an adjudicatory process in which the Arbitrator(s) is empowered to choose between the final settlement positions offered by the parties. In final offer arbitration the Arbitrator(s) convene hearings, consider evidence and proofs from the parties, and thereafter, render a final decision which awards one or the other of the final positions offered by the parties.
ARBITRATION-MEDIATION
Arbitration-Mediation is sometimes referred to an "envelope" mediation. After hearing the parties and preparing an award, the arbitrator places the award in an envelope and, as his or her role as an arbitrator has been fully discharged, reconvenes the parties and asks them to consider whether they would like the former arbitrator to attempt to mediate the dispute. The process is completely voluntarily and, if during the course of the mediation, either party or the mediator considers that no progress towards settlement is being made, the mediation is terminated and the parties open the envelope which contains the arbitral award.
MEMBERS
Haig OGHIGIAN, FCIArb
Haig Oghigian F.C.I.Arb. Founder and CEO of Tokyo Chambers is widely regarded as a leading authority in international commercial arbitration, commercial mediation and other forms of alternative dispute resolution.
Mr. Oghigian is based in Tokyo, Japan and has been in the ADR field since 1980. He has extensive knowledge and experience as counsel, arbitrator and mediator in the USA, Asia and Europe. He has acted in over 250 commercial; energy & major projects; construction; and insurance matters and brings his skills as a neutral and his broad experience in ADR administration to Tokyo Chambers.
He is recognized by the International Chamber of Commerce (Canadian National Committee); The Singapore International Arbitration Association; The Hong Kong International Arbitration Centre; The International Centre for Dispute Resolution of the American Arbitration Association; and, the Japan Commercial Arbitration Association.
He is fluent, and has conducted arbitrations and mediations, in English, French and Japanese.
Email: oghigiantokyo@gmail.com
Yasuhei TANIGUCHI, FCIArb
Yasuhei Taniguchi is a distinguished arbitrator and former professor of law at Kyoto University. He served as a member of the WTO Appellate Body from 2000 to 2007 and was its Chairman in 2005. Mr. Taniguchi was a Council Member of ICCA from 1990 to 2011 and now is a member of its Advisory Panel. He was president of the Japan Arbitrators Association from 2005 to 2013. He was appointed as a Judge of the Singapore International Commercial Court in 2015. He is a Fellow of the Chartered Institute of Arbitrators.
Mr. Taniguchi has been a Visiting Professor in ten American law schools as well as universities in Hong Kong, Australia, France, and China. He was a graduate of Kyoto University in 1957 (LL.B.), the University of California, Berkeley (LL.M.) in 1963 and Cornell Law School (J.S.D.) in 1964.
Email: tanigy@mknet.jp
Junya NAITO
Junya Naito practices in the areas of domestic and international litigation and arbitration, cross-border transactions, corporate and M&A and international bankruptcy/insolvency. A globally recognized expert in international arbitration, Mr. Naito has long-standing experience as arbitrator, counsel and legal expert in ICC, JCAA, AAA and LCIA proceedings. He is routinely recognized by Chambers Global and Chambers Asia Pacific for Dispute Resolution, Benchmark Asia-Pacific as a Local Disputes Star for General Commercial and Arbitration, the Best Lawyers in Japan for Arbitration and Mediation; Corporate and M&A; and Litigation and Who's Who Legal for Arbitration.
Given his expertise and experience, Mr. Naito served as an examiner for the National Bar Examination and the Preliminary National Bar Examination of Japan in charge of commercial law from 2012 to 2015; and was appointed as a professor of civil advocacy at the Legal Training and Research Institute of the Supreme Court of Japan from 2008 to April 2012. He is a graduate of the Law Faculty of the University of Tokyo (LL.B. 1989) and Columbia Law School (LL.M. 1995, Harlan Fiske Stone Scholar).
Email: naito@mmn-law.gn.jp
Douglas Kenji FREEMAN, FCIArb
Douglas Kenji Freeman, FCIArb, is an experienced international arbitrator, having the unique background of being dually qualified as a Japanese bengoshi and a New York lawyer. Mr. Freeman has abundant experience and knowledge of both jurisdictions, and being fully bilingual, has conducted many ICC and JCAA arbitrations in English and Japanese. His arbitrations have involved license disputes, technology, patents, contractual disputes, international commerce and other areas.
Mr. Freeman studied law at the Tokyo University Faculty of Law and Columbia Law School (J.D.). After working for Sullivan and Cromwell, in New York and Tokyo, he started his own practice in Tokyo. He is a Fellow of the Chartered Institute of Arbitrators, currently serving as Chair of its Japan Chapter.
Email: dfreeman@dkfreemanlaw.com
Yoshihiro TAKATORI, FCIArb
Yoshihiro (Yoshi) Takatori is an attorney at law, qualified in Japan and New York. He handles cross-border dispute resolution including multi-jurisdictional litigation and international arbitration on intellectual property, product liability, anti-trust, cybersecurity, FCPA and UKBA and compliance investigation and disputes involving labor laws. He is listed as a recommended arbitrator for the Japan Commercial Arbitration Association (JCAA), listed on SIAC’s Panel of Arbitrators and KCAB. He serves key positions in the international arbitration field such as being an executive director for the Japan Association of Arbitrators (JAA), and the co-convener of the Japan Chapter of the Chartered Institute of Arbitrators (CIArb.).
His academic background includes: 1992, qualified as lawyer after graduation from the Supreme Court of Japan, Legal Training Institute.1998, LL.M. Harvard Law School.
Email: ytakatori@kiaal.com
Mugi SEKIDO
Mugi Sekido is a Japanese practitioner whose experience covers ICC, AAA, HKIAC, JCAA and ad-hoc arbitration proceedings. His in-depth knowledge was reflected in his book titled “International Arbitration Practice” published in 2019. He is also very familiar with Japanese court practice, and has been a member of the Civil Litigation Practice Committee of the Tokyo District Court for more than 10 years. Additionally he is familiar with international litigation in foreign jurisdictions, and published a book titled “U.S. Civil Litigation Practice” in 2018. These broad experiences are valuable in international arbitration proceedings, where it is necessary to accommodate diverse parties and cultures from a variety of jurisdictions. Mugi Sekido is one of the limited number of Japanese lawyers who are ranked in both Chambers and Legal 500 in the field of dispute resolution.
His experience covers a variety of fields including construction/infrastructure, product liability, finance, M&A, international trade, long-term contracts, real estate, and director/officer’s liability. One of his strengths is his capability with technical matters. He also handles a variety of bankruptcy/restructuring matters.
Email: mugi.sekido@mhmjapan.com
Contact
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