In today's world where international business disputes are becoming increasingly complex, the range of dispute resolution options available has also expanded to unprecedented levels. The parties involved in disputes are diverse—contract counterparties, joint venture partners, governments of host countries, overseas consumers—and the approaches to resolving disputes also vary by region. Consequently, the role expected of corporate legal departments involved in international business disputes is also changing. Beyond traditional responsibilities like appointing counsel and managing progress, they must now make decisions regarding which country to use, what procedures to employ, how to manage costs, and which assets to target for enforcement. However, the reality is that very few legal professionals have experience managing disputes where multiple cross-border dispute resolution procedures proceed simultaneously.
In this seminar, Yoshie Midorikawa with experience advising on international disputes in Japan and Singapore will explain, from the perspective of managing international disputes, the recently prominent “investment arbitration” (ISDS) and “international mediation.” Regarding “international arbitration,” assuming a basic understanding of its mechanisms, the instructor will introduce the latest trends and present steps to guide international disputes toward resolution.

1. The Perspective of Dispute Management
(1) The Nightmare of Parallel Proceedings
(2) The Need for a Command Center Role as Stakeholders Increase
(3) For Decision-Making That Captures Key Points

2. “Investment Arbitration” (ISDS) Protecting Overseas Investments
(1) How Does “Investment Arbitration” Help Protect Overseas Investments?
(2) Examples of Japanese Companies Utilizing It: From Saluka to Recent Cases
(3) Utilizing Investment Arbitration Across the Overseas Investment Lifecycle

3. The Potential of International Mediation: From Conflict to Cooperation
(1) Situations Suitable for International Mediation
(2) The Impact of the Singapore Mediation Convention
(3) International Mediation in Japan

4. International Arbitration Updates
(1) Key Considerations Following the Revision of The Japan Commercial Arbitration Association (JCAA) Arbitration Rules
(2) Utilizing the Japan International Dispute Resolution Center (JIDRC)
(3) Cost Management and Third-Party Funding