Kosuke Nakano

Associate, LPC Tokyo International Law Office

Representative Legal Matters

Transactions / corporate, regulatory matters

• Advised a Japanese company on its acquisition and carve-out.

• Advised various Japanese companies on issues arising under the Subcontract Act, Construction Business Act, Worker Dispatching Act and Act on the Regulation of Manufacture and Evaluation of Chemical Substances, etc.

• Advised a Japanese motor company on its merger filing.

Disputes / investigations

• Successfully acted in cases involving information leaks, illegal employment, fraudulent receipt of benefits, illegal dumping, election violations, corruption, fraud, and IT-related crimes.

• Represented a Korean fund in a series of non-contentious cases and provisional injunction petitions relating to a control dispute of a Japanese company, which resulted in a victory in the Tokyo District Court.

• Advised and conducted white-collar investigation as an assistant of an external investigation committee in an accounting fraud and misappropriation committed by the CEO of the company in Japan.

• Advised and conducted internal investigation of car parts manufacturer in relation to wide-ranging misconducts in quality assurance tests.

Contributed to

1

State immunity and arbitration in Japan

Practice Notes

The Japanese framework differs in important respects from common law models. Japan codified its law of foreign state immunity comparatively recently, in the Act on the Civil Jurisdiction of Japan with respect to Foreign States (Act No. 24 of 2009) (the ‘Foreign States Act’), which entered into force on 1 April 2010. The Foreign States Act closely follows the United Nations Convention on Jurisdictional Immunities of States and Their Property (2004) (‘UNCJI’), which Japan signed in January 2007 and ratified in 2009. As a consequence, the analysis under Japanese law tends to track the structure and language of UNCJI more faithfully than the common-law statutes (such as the UK State Immunity Act 1978 and Singapore’s State Immunity Act 1979) that pre-date the UNCJI.The concept of state immunity and the absence of an ‘act of state’ doctrineState immunity (or sovereign immunity) prohibits the courts of one state from asserting jurisdiction

Arbitration