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Akira Moriwaki

Partner
Chief Representative of Shanghai Office
  1. 81-3-6888-1055 (Tokyo)
    86-21-6160-2311 (Shanghai)
  2. 81-3-6888-3055 (Tokyo)
    86-21-6160-2312 (Shanghai)
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Practice

Akira Moriwaki's legal practice in China first began in 1998, back when doing so was still a relatively rarity amongst Japanese lawyers. He continued to practice in Beijing until 2007, during which time, he dealt with a large variety of legal issues encountered by Japanese companies then entering into the Chinese market. Although the main focus of his work continues to remain in China related business matters, since returning to Japan he has used his unique experiences to widen his areas of interest to include other Asian jurisdictions, such as Hong Kong, Taiwan, India, Malaysia, Indonesia, Vietnam, Thailand, Korea, Singapore and Myanmar. Akira is highly experienced in a wide range of fields, such as green-field direct investment into Asian jurisdictions, M&A, private equity and Competition law. Through over a decade of experience, he has come to be recognized as one of the foremost and most experienced Japanese lawyers in international trade issues, such as anti-dumping and countervailing duty. For over 3 years, Akira has provided invaluable support to Japan's ODA project relating to the promulgation of Chinese Company law, Competition law and other distribution regulations, and he was also involved in the promulgation of Tort Law of China.
Since 2009, he has been conducting lectures in Mandarin Chinese as a visiting professor at Renmin University of China (RUC) Law School.
In December 2012, he was ranked first in the "overall ranking" and second in the "companies choice ranking" under the Foreign Law division of the Nihon Keizai Shimbun "Most active lawyer of the year" awards.

Practice Groups

・Corporate Transactions
・Competition Law
・China Practice
・Energy Practice
・Asia and Emerging Countries Practice

Publications/Lectures

Books and Articles Authored in Japanese:
"New Third Board - Overview, Current Situation, and Potential -" BTMU China Monthly (July 2017) (co-author)
"Key Points for Negotiation when ending Business Relationship with a Chinese Company" The Lawyers (November 2015)
"Common Key Points in the Legal Risk Management of Antidumping, Antitrust and Anticorruption Matters" The Lawyers (October 2014)
"Introduction to Chinese Law," (Koubundou Publishers, Inc. October 2013) (co-author)
"Q&A: Strategies for Corporate Law Practice in Asia and Emerging Countries," (Shoji Homu, April 2013) (co-author)
"Legal Issues for Japanese companies expanding in Asia," The Lawyers (January 2012)
The Latest Theory and Practice of Chinese Business Law (Koubundou Publishers, Inc., October 2011) (co-author)
"Japanese Law Firm in Asian Legal Market," The Lawyers (March 2011)
"Newest Practice of Chinese Anti-Monopoly Law ~Promulgation of Chinese Leniency~," The Lawyers (February 2011) (co-author)
"Labor management for Japanese companies in China - prompt recognition of the situation and pragmatic management," Monthly Global Management, No.344 (December 2010)
"Enactment of Tortlaw in China, the Possibility of Increase in Litigation Risk, Ten Characteristics and the True Impact on Corporate Practice", The Lawyers (May 2010)
"Enactment of Tortlaw of the People’s Republic of China and trends of civil law in China," Horitsujiho (February 2010)(co-author)
"Tortlaw of the People’s Republic of China," Horitsujiho (February 2010)(co-translation)
"At the Front Line of Chinese Anti-Monopoly Law: Latest Case Study and Expected Promulgation of Guidelines for Merger Control," The Lawyers (June 2009) (co-author)
"Recent Development of Chinese Environmental Regulations," The Lawyers (March 2009) (co-author)
"Risk of Antitrust Laws Involving Doing Business in P.R. China," The Lawyers (November 2008)
"Foreign Investment in Chinese Real Estate," The Lawyers (July 2008)
"Ignorance is Inexcusable - Antitrust Laws in P.R. China ," Weekly Economist (February, 2008)
"Impact of Enactment of Antitrust Laws in P.R. China - M&A and Compliance Issues and Their Active Utilization," The Lawyers (November 2007)
"Doing Business in China - Compliance System and Its Increased Necessity in China," Weekly Economist (August 2007)
"Anti-Trust Bill of P. R. China (Draft as of June 22, 2006) ---Overview and Possible Corporate Risk Management---," Kokusai Shoji Homu, Vol. 34, Nos., 9-11 (September, October and November 2006)(co-author) (editorial supervisor)
"Provisions for Anti-Dumping Cases in P.R. China (II)," Japan Commercial Arbitration Journal, No. 540 (June 2002)
"Provisions for Anti-Dumping Cases in P.R. China (I)," Japan Commercial Arbitration Journal, No. 538 (April 2002)
"New Developments of the Anti-Dumping System in P.R. China," Japan Commercial Arbitration Journal, No. 535 (January 2002)
Internet Law Encyclopedia for Businessman (Nikkei Business Publications, Inc., February 2001)
Enforcement of International Commercial Arbitration Awards in P.R. China (Japan Commercial Arbitration Association (JCAA), Publishers, February 2000) (thesis submitted as a member of professional researchers of JCAA)
"A New Interpretation on Chinese Contract Law," International Business Law, Vol. 28, No. 2 (February 2000) (co-author)
"Promulgation of ‘Provisions on Mergers and Splits of Foreign Investment Enterprises' in P.R. China," International Business Law, Vol. 27, No. 12 (December 1999) (co-author)
 
Professional Lectures:
New Year Seminar 2017 "How to Sell Our Products in Chinese Market" (observer)  (Japan-China Economic Exchange Association) (Japanese) (January 2017)
"Recent Legal Practices in China - Light and Shadow, Front and Back, from the Perspective of a Resident Attorney in China" (Japanese Association for Business Recovery, Asia Committee for Business Recovery) (Japanese) (November 2015)
"The Current Status of Crowdfunding in Japan" (Guiyang Municipal Pepole's Government, China Banking Association, The World Crowdfunding Conference) (Mandarin) (October 2015)
"Current Status of the China (Shanghai) Pilot Free Trade Zone –Expansion and the New Policy-" (The Japanese Institute of International Business Law, Inc. the 141th IBL Chinese Lawyers Club) (Japanese) (January 2015)
"Recent Developments in Competition Law Cases of the Two Major Emerging Countries, China and India" (AM&T Seminar) (Japanese) (November 2014)
"Chinese Anti-Monopoly Law: An Analysis of Recent Cases -Tips for Japanese Companies on Dawn Raids and Leniency-" (Kinyu Facsimile Shinbun Sha)(October 2014)
"White Collar Crime in Cross-Border Investments – The Sustainability of Compliance," (IPBA 2014 Vancouver Annual Meeting & Conference) (English) (May 2014)
"The Practice of China (Shanghai) Pilot Free Trade Zone - The situation where two months have passed since the establishment and the proposal for the strategic use," (Business Research Institute) (Japanese) (February 2014)
"Legal Issues in Entering the Myanmar Market in the Form of a Joint Venture -Study on the Know-How to Establish a Joint Venture and the Valid and Effective Provisions in Joint-Venture Agreement-," (Japanese) (January 2014)
"Growing businesses in the Chinese and the ASEAN market," (panelist) (Asia Innovators' Initiative (AII), Asia Innovation Forum (AIF) 2013) (Japanese) (December 2013)
"Practical points in ASEAN business both from the business and legal experts' perspective - focusing on Thai & Malaysia," (ASEAN-related joint seminar) (Japanese) (December 2013)
"The Practice of China (Shanghai) Pilot Free Trade Zone - The situation where two months have passed since the establishment and the proposal for the strategic use," (AM&T Seminar) (Japanese) (December 2013)
"China (Shanghai) Pilot Free Trade Zone" (The Bank of Tokyo-Mitsubishi UFJ,Ltd. Global Management Seminar (China Seminar)) (Japanese) (November 2013)
"China (Shanghai) Pilot Free Trade Zone" (The Japanese Institute of International Business  Law, Inc. the 128th IBL Chinese Lawyers Club) (Japanese) (October 2013)
"5th East Asia Symposium on Business Restructuring & Insolvency Law and Practice" (panel chair) (Japanese) (October 2013)
"Business in China - what the Japanese company should do now and in the future" (Japanese) (October 2012)
"Bribery Risks Overseas," (panelist) (AM&T: Legal Business Strategy Seminar (Tokyo), November 2011)
"3rd East Asia Symposium on Business Restructuring & Insolvency Law and Practice" (panel chair) (Japanese) (October 2011)
"Investment environment in Malaysia," (panelist) (AM&T: Legal Business Strategy Seminar (Tokyo), August 2011)
"Investment environment of the Middle East and GCC Countries - Focus on restrictions on foreign investment in UAE," (panelist) (AM&T: Legal Business Strategy Seminar (Tokyo), July 2011)
"Recent Developments in M&A Related Regulations in India - based on the enforcement of recent consolidated FDI policy and Merger Control Regulations," (panelist) (AM&T: Legal Business Strategy Seminar (Tokyo), May 2011)
"Legal Risks and Countermeasures for doing business in China," (Japanese)(April 2011)
"How Can We Utilize Chinese Power for the Rehabilitation and Reorganization of the Japanese Economy?" (English) (April 2011)
"Chinese Economic Law Seminar (Recent M&A Practice in China ~Acquiring State-Owned Assets and Merger Control Regulations~)" (Japanese) (February 2011)
"Points to remember when signing contracts and forming alliances with water businesses in China," (Japanese) (January 2011)
"IP Strategies in Taiwan - Tips and Case studies on the Execution of IP Rights in Taiwan," (panelist), (Japanese) (December 2010)
"M&A Practice in China - how is it different from other countries?-," (Japanese) (December 2010)
"Chinese Anti-Monopoly Law - Recent trends in concentrated business regulations-," (Japanese) (December 2010)
"IP Strategies in Korea -Protection of trade secrets and know-how in the age of mobilization of human resources-" (panelist), (AM&T: Legal Business Seminar for Invited Foreign Attorneys (Tokyo), October 2010)
"Recent Developments in Foreign Investment Regulations in India -Effective Investment Strategy Using the Consolidated FDI Policy-" (panelist) (AM&T: Legal Business Strategy Seminar (Tokyo), June 2010)
"Litigation Strategies and special issues in M&As involving significant IP assets in Japan" (English) (June 2010)
"Product Liability and Countermeasures in relation to the Expansion of Chinese Corporations" (Japanese) (June 2010)
"Latest Developments in Intellectual Property Law, Litigation and Licensing Practice in China" (AM&T:International IP Seminar (Tokyo), May 2010)
"Current situation and Countermeasures for Employment Friction in China" (Japanese) (May 2010)
" Enactment of Tortlaw of the People’s Republic of China and trends of civil law in China" (Japanese) (April 2010)
" Enactment of Tortlaw of the People’s Republic of China and trends of civil law in China" (Japanese) (March 2010)
"Japanese Anti-Monopoly Law and Cartel Regulation" (Chinese) (December 2009)
"Recent Developments in the Chinese Anti-monopoly Law -Recent Trends in Cartel Regulations and Guidelines-" (Japanese) (October 2009)
"Recent Developments in Chinese Anti-Monopoly Law -Recent Trends in Cartel Regulations and Guidelines-" (AM&T: Legal Business Strategy Seminar (Tokyo), September 2009)
"Recent Developments in the Japanese Anti-monopoly Law" (Chinese) (June 2009)
"The Japanese Anti-monopoly Law: Developments and Prospects" (Visiting Professors' Inauguration Memorial Lecture, Renmin University of China) (Chinese) (June 2009)
"The Japanese Antimonopoly Law: Development and Prospects" (Chinese) (March 2009)
"US, EU and China Competition Law Seminar" (Japanese and Chinese) (February 2009)
"Recent Trends and Trouble Preventative Measures of Chinese Business Laws" (Japanese) (January 2009)
"Practical Measures and Legal Risk Management for Significant Laws and Regulations in P.R. China" (Japanese) (December 2008)
”Avoiding the Legal Risks of Doing Business in China: The New Chinese Anti-Monopoly Law and EU & US Examination of Cartel Activity in the PRC" (December 2008)
"Precedential Cases and Personnel of the Law-Enforcement Agency which occurred within two months since Chinese Antimonopoly Law went into effect" (Japanese) (October 2008)
"The Compliance System in China - Its Structure and Effective Operation" (Japanese) (July 2008)
"JICA Chinese Economic Laws and Enterprise Law Legislation Project - Antitrust Law in P.R. in China" (Japanese) (December 2007)
"New Trends in Business in P.R. China - Impact of Antitrust Law" (Japanese) (December 2007)
"Contracting and Negotiation with Chinese Involved in Technology Alliance and Transfer and Trouble Preventative Measures" (Japanese) (September 2007)
"The Latest Chinese Business Seminar: Advanced Strategy of Management in China" (Japanese) (July 2007)
"Ask a Specialist! Recent Trends in Capital Markets Regulation in China: Towards the Realization of Efficient Investment with a Clear Exit Picture" (Japanese) (October 2006)
"Corporate Guidance for Subsidiaries in China under the New Chinese Company Law" (Japanese) (October 2006)
"How Corporate China should Utilize Foreign Investment" (Chinese) (April 2006)
"Disclosure Regime Considerations for Japanese Listed Companies" (Chinese) (July 2005)
"The Legal Regime for Listing on the Tokyo Stock Exchange" (Chinese) (November 2004)
"The Role of Lawyers in Listing Projects in Japan" (Chinese) (October 2004)
"Legal Problems and Risks Arising From ‘SARS' (Severe Acute Respiratory syndrome) and Methods for Avoidance" (Japanese) (June 2003)
"Counter Plans for Imitative Products, and Effective Ways to Cope with Problems of Trademarks in China" (Japanese) (May 2003)
"Actual Conditions of Law and Regulations in China and How to Cope with Troubles in Doing Business in China" (Japanese) (April 2003)
"Quality Risk Management: Product Quality and the Law - Increasing Litigiousness and Product Liability in China" (Japanese) (January 2003)
"How to Handle Infringements of Patent Rights in China and Relevant Legal Procedures" (Japanese) (January 2003)
"The Risk of Debt Collection and Its Legal Countermeasures" (Japanese) (November 2002)
"Regarding PL in China - High Consciousness of Rights and the Explosion in PL Cases" (Japanese) (July 2002)
"Remarks on Understanding of Legal Changes to Contractual Practice in China after its Accession to the WTO - Risk Management Issues Arising from Foreign Investment within the Peoples Republic of China" (Japanese) (June 2002)
"New Movement in Practice on Drawing Contracts in China after its Entry to the WTO" (Japanese) (April 2002)
"New Environment For Legal Investment For Foreign Companies in China after its Entry to the WTO" (Japanese) (March 2002)
"Minimizing, Avoiding and Allocating Contractual Risks when doing Business in China" (English) (February 2002)
"Latest Legal Practice on Business Development in China after its Entry to the WTO" (Japanese) (December 2001)
"Notes on Business in China after its Entry to the WTO" (Japanese) (October 2001)
"Drafting and Negotiating JV Contracts" (English) (September 2001)
"Blueprint of Investment Environment of China after its Entry to the WTO" (Japanese) (September 2001)
"New Era of Investment into China after its Entry to the WTO" (Japanese) (February 2001)
"Risk Management concerning Direct Investment into P.R. China by a Foreign Company" (Japanese) (December 2000)
"Establishment, Operation and Dissolution of Enterprises Invested into P.R. China by a Foreign Company" (Japanese) (October 1999)
"The Draft of the New Contract Act of P.R. China" (Japanese) (February 1999)
"Implementation of Various Measures to Prevent Company Debts from Becoming Defaulted" (Japanese) (June 1997)
 
Recent Media:
"AMT – Facilitating two-way business between Japan, China and key Asian jurisdictions," The Japan Times, World Eye Reports Shanghai (April 2017)

Education

Keio University (LL.B., 1992)
Beijing Language and Cultural University (Language Training)
China University of Political Science and Law (non-degree graduate course)

Professional Admissions

Japan (1995)

Professional and Academic Associations

・Dai-ni Tokyo Bar Association
・International Bar Association
・Inter-Pacific Bar Association
・Adjunct Lecturer (Graduate School of Business Sciences, University of Tsukuba, December 2004 - January 2005; January 2007-February 2007; March 2008; January 2009 - February 2009)
・Visiting Professor, Renmin University of China Law School (April 2009 - present)
・Arbitrator, Shanghai International Economic and Trade Arbitration Commission (Shanghai International Arbitration Center) (December 2014 - present)
・Part-time Lecturer, Keio University, Law School (April 2017 - present)

Languages

・Japanese (first language)
・English
・Chinese (Mandarin)