Hiroko Nihei

Counsel

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Hiroko Nihei is a litigator specializing in international litigations and arbitrations. She focuses on cross-border dispute resolution matters, including Japanese and US litigations and anti-trust investigations, with a particular emphasis on international commercial arbitrations and contentious intellectual property cases. She has represented leading Japanese, US, and Asian companies in various and complex arbitration cases concerning international contract disputes under the auspices of the ICC and JCAA. Hiroko also has experience in litigation ancillary to international arbitrations, including parallel court proceedings and motions to set aside arbitral awards before the Tokyo District Court. Her expertise in intellectual property disputes ranges from defending multinational companies against Internet-related copyright infringement and defamation claims in Japanese courts to acting for Japanese and Asian clients in US patent infringement litigations.

Raised in Europe and educated in Japan and in England, Hiroko is trilingual and multicultural. She provides top-quality legal services to bridge cultural gaps, and to do so in a manner that is prompt and responsive to her clients’ business needs.

Languages

  • German
  • Japanese

Admissions

Bar Admissions

  • Japan

Education

  • Waseda University, Graduate School of Law, LL.M. in Intellectual Property Law
  • University of Oxford, MJur
  • The Legal Training and Research Institute, Supreme Court of Japan, Diploma 
  • Waseda University, B.A., Psychology

Professional Activities

Member

  • Dai-Ichi Tokyo Bar Association
  • Chartered Institute of Arbitrators (MCIArb)
  • Japan Association of Arbitrators (JAA)
  • ArbitralWomen
  • Association Internationale pour la Protection de la Propriété Intellectuelle (AIPPI)
  • Japan Association of Industrial Property Law
  • The Copyright Law Association of Japan
  • The Law and Computers Association of Japan

List of Arbitrators

  • Japan Commercial Arbitration Association (JCAA)
  • World Intellectual Property Organization (WIPO) Arbitration and Mediation Center

Author

  • “Arbitrability of Patent Validity Disputes: For Enhanced Use of International Arbitrations in Japan,” JCA Journal, May and June 2019 Editions
  • “How to Select An Arbitrator in International Commercial Arbitration: Major Considerations and Due Diligence,” Business Law Journal, January 2016 Edition

Co-Author

  • “New Japanese Arbitration Case Law: The Osaka District Court’s Pro-Arbitration Ruling,” HK45/HKIAC Newsletter, 6th Edition (October 2015)
  • “A Comparative Study: Is The Singapore International Commercial Court a Rival of Singapore Arbitration?” Business Law Journal, June 2015 Edition
  • “A Nightmare? When You are Caught in Parallel Proceedings: Utilization of Anti-Suit Injunctions and Anti-Arbitration Injunctions in Common-Law Jurisdictions,”Business Law Journal, March 2015 Edition
  • “Key Factors for Japanese Companies to Consider in Selecting an Arbitration Institution,” Business Law Journal, November and December 2012 Editions

Speaking Opportunities

  • “Big Data and Competition”, O’Melveny Competition Seminar, February 2018
  • “How to Select An Arbitrator in International Arbitration - Insights from The Perspective of Counsel, Arbitral Institution, and Arbitrator”, O’Melveny Arbitration Seminar, August 2017
  • “HKIAC Arbitration Clause Negotiation Workshop”, Hong Kong International Arbitration Centre, July 2017
  • “How to Select An Arbitral Institution and Tips for Drafting An Arbitration Clause”, In-House Seminar for A Major Japanese Chemical Manufacturer, August 2016
  • “Typical Stages in International Arbitration”, O’Melveny Arbitration Seminar, February 2016
  • “How to Draft An Arbitration Clause”, In-House Seminar for A Major Japanese Electronics Company, November 2015
  • “Tips for Drafting Arbitration Clauses”, O’Melveny Arbitration Seminar, July 2015
  • “The Essentials of International Arbitration involving Japanese Companies”, Co-Hosted by The Japanese Institute of International Business Law, Inc. and O’Melveny, January 2015
  • “International Arbitration in Asia”, Co-Hosted by LexisNexis and O’Melveny, December 2012
  • Defended two Mongolian companies in JCAA arbitration from claims of approximately JPY10 billion brought by a Japanese multinational company
  • Won damages award for a large US multinational in JCAA arbitration against a Japanese company arising out of breaches of a distribution and licensing agreement
  • Successfully represented global manufacturing companies in parallel court proceedings in a Japanese court in relation to a dispute arising from a licensing agreement subject to arbitration
  • Represented several major consumer finance companies in nationwide mass consumer litigation in Japan. Won two Japanese Supreme Court decisions in 2011 and two Japanese Supreme Court decisions in 2017
    • Supreme Court Judgment of March 22, 2011, 236 shumin 225
    • Supreme Court Judgment of July 8, 2011, 237 shumin 159
    • Supreme Court Judgment of July 24, 2017, 71 minshu 6-969
    • Supreme Court Judgment of December 19, 2017, H28 ju 1797
  • Defended a global network service provider in a Japanese litigation from Internet-related copyright infringement claims brought by major Japanese content providers
  • Acted for a multinational Internet security company in several Internet-related copyright infringement and defamation lawsuits in Japan brought by Japanese individual right holders
  • Successfully settled a dispute arising out of a mega solar project in Japan in favor of an American solar mounting system manufacturer through a construction mediation before a Japanese court
  • Advised a Japanese group company of a multinational financial institution on its application for reexamination before the National Tax Tribunal in Japan concerning its secondary tax liability
  • Achieved a complete victory for a global real-estate investment management and advisory firm in two Japanese litigations concerning its collection of the asset management fees of more than JPY 500 million arising out of a real-estate investment deal involving a complex taxation scheme
  • Served as Japanese law assistant for the sole arbitrator in an ICC arbitration seated in Tokyo in relation to an international trade dispute between a Japanese and Korean company governed by Japanese law
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