Hiroyuki Tezuka

Nishimura & Asahi

Tokyo www.nishimura.com

h.tezuka@nishimura.com Tel: +81 3 6250 6277

Biography

Hiroyuki heads Nishimura & Asahi’s international dispute resolution practice group. He specialises in international commercial litigation and arbitration. Additionally, he serves as a court member of the ICC and SIAC, and since 2018 he has been a council member of the ICC Institute of World Business Law. Hiroyuki graduated from the University of Tokyo (LLB) and Harvard Law School (LLM). He is admitted as an attorney in Japan and in New York.

What inspired you to pursue a legal career?

When I was a fourth year student at the University of Tokyo, Faculty of Law, I had basically three choices: public servant, academic scholar, or the legal profession. I decided to work as a private practitioner, as I wanted to work on international matters. International arbitration is truly international, and I found my selection was the right one. I was lucky enough as I was also able to get involved in the legislative process as a member of the committee on the Judiciary Council on arbitration law amendments, etc, as well as in legal education as a visiting professor at the University of Tokyo Law School.

What impact does your work in matters outside of arbitration have on the value you bring to arbitration clients?

My experience in corporate and M&A matters in my younger years has helped me to better understand the issues in arbitration, as well as in settlement negotiations where creative solutions are often needed. At the University of Tokyo Law School, in addition to lecturing on international arbitration, I needed to lecture on closely held corporations. The Companies Act has been significantly amended since I turned to focus on arbitration and work less on corporate matters, so I had to study hard to prepare for my lectures, with a lot of assistance from my firm’s corporate lawyers. Thereafter, a new arbitration case arose, which involved disputes over a closely held corporation, and I was able to use my updated and refreshed knowledge on corporate law.

How has the role of an arbitrator evolved since you started your career?

I started as arbitration counsel, but have had increasing opportunities to sit as an arbitrator. Getting known by the people in the arbitration community either through counsel work or networking events may be helpful to have more arbitrator work referrals, but the most important thing is to serve as a good arbitrator. Diligence, patience and humour are always important and often rewarded. Taking arbitrator training courses offered by reputable arbitration institutions and organisations is also helpful.

How has the shift to online working and events affected networking opportunities?

It is difficult to get to know people better via online work and events, so in-person communication is very important in effective networking. The other side of the coin is that it is easy to join online networking events and get to know people from all over the world whom you have never met before. I expect that I will have increasing opportunities to meet in person with those new friends in due course.

Are you noticing an uptick in certain sectors experiencing commercial disputes? Why?

There are many sectors where international commercial disputes are increasing, such as construction/projects, energy and IT/IP sectors. As those sectors generate more international contracts, often involving developing nations, there are more disputes.

What challenges do you see in improving diversity in the field and how are you addressing them?

I consider that in Japan, international arbitration is a field in which diversity has been “relatively” well addressed more so than in other fields, partly because the progress in diversity was seen in the international arbitration community years ago and there were already a number of female leaders (including those from less developed countries) in the IBA Arbitration Committee when I was young. International clients tend to appreciate the involvement of female team members who are very diligent and smart. I tried to increase female vice-chairs when I was a co-chair of the IPBA Dispute Resolution & Arbitration Committee. Providing opportunities is important, but the most important thing is to assist them in making the best use of such opportunities.

What makes Nishimura & Asahi stand out from its competitors in the market?

We are not only the largest arbitration team in Japan but also diverse enough to have truly international team members, including experienced global arbitration specialists located in Tokyo. We have a Japanese arbitration specialist in our New York office and can provide around-theclock services using the time-difference. We have global networks to work with the most appropriate co-counsel worldwide. Our senior team members including myself often sit as arbitrators, and such experience is helpful in understanding the dynamics of the arbitral tribunals’ decision-making process.

What underrated skills would you encourage the up-andcoming generation of arbitration professionals to develop?

Understanding both civil law and common law approaches is very helpful. Even if you are not the lead counsel conducting crossexaminations and are only preparing the cross-scripts, always try to think as if you were conducting a cross-examination, how you could make it better than your senior partner. Serving as a tribunal secretary would assist you in understanding the discussions taking place among the members of the arbitral tribunal behind closed doors.

Peers and clients say: “He has deep knowledge in Japanese arbitration law and practice” “A true leader of the bar” “He is highly regarded as one of the top arbitration specialists in Japan”