Addressing the Dispute Resolution Challenges of Japanese Companies Doing Business in ASEAN

Posted in Insights May 23, 2022

The ASEAN-Japan Centre, Singapore International Arbitration Centre (SIAC), and Singapore International Mediation Centre (SIMC) are pleased to release Addressing the Dispute Resolution Challenges of Japanese Companies Doing Business in ASEAN.

This five-part video series offers practical guidance on effective dispute management and resolution through arbitration and mediation, building strong business relationships, and adapting to a post-Covid-19 world.


Episode 1: The Role of International Dispute Resolution in Supporting Cross-Border Commerce

Feat.: Tetsuo Kurita, One Asia Lawyers Group; Focus Law Asia LLC; Mr Teppei Mogi, Oh-Ebashi; Mr Lok Vi Ming SC, LVM Law Chambers; SIMC.

We kick off the series with an overview of dispute resolution options and what to consider when choosing between these options. Panellists also provide suggestions on how businesses along the Japan-ASEAN trade corridor can protect their interests while maintaining goodwill through international arbitration and international mediation.

Episode 2: Upholding the Bargain: Responding to Non-Performance and Other Contractual Problems

Feat.: Mr Hiroki Aoki, Nagashima Ohno & Tsunematsu; Ms Marina Chin SC, Tan Kok Quan Partnership; Mr Minn Naing Oo, Allen & Gledhill (Myanmar).

Panellists offer advice on laying strong foundations for successful business relationships with overseas partners, particularly among Japanese and ASEAN companies. They also discuss responses to uncertainties such as delays and non-performance, including arbitration and mediation, that protect business relationships while effectively resolving the dispute.

Episode 3: Ensuring Effective and Fair Dispute Resolution of Cross-Border Disputes

Feat.: Ms Yoko Maeda, City-Yuwa Partners; Mr Yu-Jin Tay, Mayer Brown; Mr Warathorn Wongsawangsiri, Herbert Smith Freehills

Panellists highlight the key elements that determine a fair and effective dispute resolution process, and how arbitral awards or mediated settlement agreements may be enforced across borders.

Episode 4: Overcoming the Challenges of Doing Business Overseas

Feat.: Ms Vu Thi Que, Rajah & Tann LCT Lawyers; Yoshihiro Takatori (FCIArb), Kasumigaseki International Law Office; Ms Natalie Yap, Nishimura & Asahi

In this episode, panellists respond to concerns about ‘unfair’ treatment and changes in local laws as impediments to swift and efficient business transactions for foreign companies doing business in Southeast Asia. Arbitration and mediation can be used to overcome some of these challenges and mitigate cultural differences.

Episode 5: Beyond Covid-19: Doing Business and Resolving Disputes in a Post-Pandemic World

Feat.: Mr Bazul Ashhab, Oon & Bazul; Ms Jelita Pandjaitan, Linklaters Singapore

In the final episode, we look at trends in dispute resolution in light of Covid-19, and how companies can emerge from a post-pandemic world stronger and more resilient.