Partner Shiro Kuniya

Japan (1982)
New York (1987)

Location : Tokyo Office and Osaka Office

Practice Areas

      Professional Summary

      Shiro Kuniya has been highly acclaimed;

      Ranked among Nikkei Business Journal’s top ten most highly regarded lawyers in Japan in the areas of “Corporate and M&A” and “International Transaction and Dispute Resolution”.

      Listed as Leading Lawyer for M&A in IFLR 2015, for Financial & Corporate Law in IFLR 2017 (International Finance Law Review)

      Listed as leading individuals in “Corporate / M&A” section and “Dispute Resolution" section, Chambers Asia Pacific, Asia, Pacific’s Leading Lawyers for Business, (since 2009).

      Listed as leading individuals in “Corporate and M&A” section, the Asia Pacific Legal 500 (since 2009).

      Listed in Corporate and M&A, International Business Transactions, Litigation, Intellectual Property and Trade section in “Best Lawyers” (since 2008).

      “Project Finance of the Year 1999” (Universal Studio Japan Theme Park Project) by Euromoney.

      Major Cases Handled

      Denso vs. Tax Authority, Japan, Tax Haven Litigation re. Singapore Regional Headquarters (Supreme Court supported Denso and rescinded tax charge)

      Livedoor Co., Ltd. vs. Nippon Broadcasting System, Inc., Provisional Injunction against Issuance of the Right to Subscribe to New Shares (Tokyo High Court)

      Nireco Corporation, Provisional Injunction against Poison Pill Scheme (Tokyo District Court and Tokyo High Court) (The first case in Japan to invalidate poison pill)

      Business Alliance between Nasdaq and Osaka Securities Exchange

      Panasonic (f/k/a Matsushita Electric Industrial Co., Ltd.) Pension Fund Cases (Osaka High Court and Supreme Court supported the reform of Pension Program started by the founder, Mr. Konosuke Matsushita)

      Establishment and Operation of Universal Studio Japan Theme Park and its Project Finance (Awarded “Project Finance of the Year 1999” by “Euro Money”)

      Kansai International Airport Project

      Lehman Brothers Japan Civil Rehabilitation

      Special Mediation for World Trade Center and Asia Trade Center

      Willcom, Inc., Corporate Rehabilitation (the biggest insolvency case in telecommunication industry in Japan)

      Kyoto University iPS (imputed pluripotent stem cell) License Agreement
      (Dr. Shinya Yamanaka, Professor of Kyoto University, was awarded the 2012 Nobel Prize in Medicine for his research on iPS stem cell.)

      Education & Professional Experience

      April 2002 - February 2023
      Managing Partner, Oh-Ebashi LPC & Partners

      September 1986 - 2002
      Partner, Oh-Ebashi Law Offices

      September 1986 - August 1987
      Morgan, Lewis & Bockius LLP, New York, Los Angeles

      1986
      Georgetown University Law Center (Master of Law, LL.M.)

      April 1982 - August 1986
      Associate, Oh-Ebashi Law Offices

      1982
      Legal Training and Research Institute (Supreme Court), Japan

      1980
      Kyoto University (LL.B.)

      Activities

      (1) Bar Association

      2019 - 2023
      Chairman of Board of Committees on International Affairs and Strategies, Japan Federation of Bar Associations

      2011 - 2012
      President, Inter-Pacific Bar Association

      2009 - 2010
      Vice-President, Inter-Pacific Bar Association

      2008 - 2012
      Chairman of International Relations Committee, Japan Federation of Bar Associations

      1995 - 1998
      Chairman of Dispute Resolution and Arbitration Committee, Inter-Pacific Bar Association

      1987 - 2013
      American Bar Association (ABA)


      (2) Arbitration and Dispute Resolution

      May 2012 - present
      Arbitrator, Shanghai International Arbitration Center (SHIAC)

      2010 - present
      Arbitrator, The Asian International Arbitration Center

      June 2009 - present
      Member of the Board, The Japan Commercial Arbitration Association

      2004 - present
      Arbitrator, The Japan Commercial Arbitration Association

      1998 - 2006
      Arbitrator, Singapore International Arbitration Center

      1997 - present
      Arbitrator, World Intellectual Property Organization (WIPO) Arbitration and Mediation Center


      (3) Board Member/Audit & Supervisory Board Member

      June 2021 - present
      Member of the Board, TOA Corporation

      April 2020 - present
      Auditor, CiRA (Center for iPS Cell Research and Application) Foundation, Kyoto University

      June 2016 - June 2022
      Member of the Board, Takeda Pharmaceutical Company Limited

      June 2013 - June 2016
      Audit & Supervisory Board Member, Takeda Pharmaceutical Company Limited

      June 2013 - June 2021
      Member of the Board, Sony Financial Group Inc.

      June 2012 - March 2020
      Member of the Board, Ebara Corporation

      March 2012 - present
      Member of the Board, NEXON Co., Ltd.

      April 2011 - present
      Member of the Board, Japan Century Symphony Orchestra

      2006 - 2010
      Audit & Supervisory Board Member, Nidec Corporation

      1999 - present
      Auditor, Tazuke Kofukai Foundation, Medical Research Institute, Kitano Hospital

      1997 - 2000
      Audit & Supervisory Board Member, Sunstar Inc.


      (4) University, Institute & Committee, etc.

      July 2020 - present
      Member of Advisory Board, Japan International Dispute Resolution Center(JIDRC)

      July 2019 - July 2023
      President, The Asian Society of International Law (Japan Society)

      2015 - 2016
      Committee Member to Review International Taxation for Cross-border Business Operation of Japanese Companies/BEPS Project (Ministry of Economy, Trade and Industry)

      2015 - 2021
      Chairman, Corporate Law Practice Research Committee (Research and Training Institute of the Ministry of Justice)

      2014
      Member of Special Committee to Review Competition Policy and State Aid (Japanese Fair Trade Commission)

      2013-
      Member of Advisory Board, Business Law Department of Graduate School of International Corporate Strategy, Hitotsubashi University

      June 2013 - June 2019
      Vice President, The Asian Society of International Law (Japan Society)

      2012 - 2021
      Member of Georgetown University Law Center, Asian Law Alumni Advisory Board

      2008 - 2009
      Chairman, Research Grant Program Nomination Committee, The Toyota Foundation

      2003 - 2014
      Advisor for Organization for Small and Medium Enterprises and Regional Innovation

      2001 - 2002
      Member of Management Council, Kyushu University, Faculty of Law

      1999
      Member of Special Committee of Economic Council for Prime Minister of Japan

      1998 - 1999
      Institute of Intellectual Property, ADR committee

      1995 - 2000
      Adjunct Professor at Kyushu University, Faculty of Law (Master of Law, LL.M. Course)

      1990 - 2011
      The Japan Association of International Economic Law

      1987 - 1999
      Regular Coordinator and Moderator at Comparative Law Center (Japan) (Programs on International Transactions, Shareholders’ Derivative Suit, Products Liability Law, Entertainment Law, Information Industry Business & Law, etc.)

      1982 - 2014
      Japanese Association of the Law of Civil Procedure


      (5) Third-Party Committee, Special (Investigation) Committee

      (Corporate Misconduct, Accounting Irregularity)

      Chairman of Third Party Committee, Japan Display Inc. (2019 - 2020)
      Chairman of Third Party Committee, Daiwa House Industry Co., Ltd. (2019)
      Chairman of Special Investigation Committee, Naigai Co., Ltd. (2019)
      Chairman of Special Investigation Committee, Sumitomo Precision Products Co., Ltd. (2019 - 2020)

      (TOB、MBO)

      Chairman of Special Committee, Sony Financial Group Inc. (TOB)(2020)
      Chairman of Third Party Committee, Jupiter Telecommunications Co., Ltd.(TOB)(2012 - 2013)
      Chairman of Third Party Committee, Japan Wind Development Co., Ltd. (MBO)(2015)
      Chairman of Third Party Committee, Image Holdings Co., Ltd. (MBO)(2010 - 2011)
      Chairman of Third Party Committee, VarioSecure Networks,Inc.(MBO)(2009)

      Publications Archives

      2021.11.30
      Joint Venture Legislation and Legal Practice in Four Southeast Asian Countries: Indonesia, Malaysia, Thailand and Vietnam
      2019.12
      International Legal Practice
      2019.11
      Corporate Governance in Four Countries in Southeast Asia
      2016.12
      Review of Japanese Corporate Governance Code
      2013.08
      Breach of Obligation to Provide Information in the Negotiation of Business Alliance Agreement and Available Remedies
      2009.10
      Role of Corporate Counsel
      2006.04
      Guide to International Legal Practice (1) to (11)
      2006.02
      Practice of M&A: Legal Due Diligence
      2005.01
      Analysis of Legal Risk
      2003.07
      Whistleblowing, Compliance and Role of Corporate Auditor
      1999.08
      Corporate Alliance and Restructuring with Shareholders Agreement
      1999.05
      Year 2000 - Liability of Manufacturer/Vendor and Defense
      1999.01
      Arbitration in World Intellectual Property Organization (WIPO)
      1998.07
      Copyright for Music and Audio-Visual
      1997.05
      Service of Process in International Litigations
      1997.01
      Japanese Laws and Practice of Anti-Dumping
      1996.11
      Bankruptcy and Protection of Licensee - Termination of Executory Contract
      1996.03
      Japanese Laws and Practice of Anti-Dumping
      1995.05
      Amendment of Code of Civil Procedure/Settlement Procedure
      1995.01
      Conduct of Arbitration by the Japan Commercial Arbitration Association - A Practical Guide
      1992.01
      Joint Venture in Japan
      1990.03
      Protecting American Technology Transferred to Japan, including Patent, Trademark and Licensing Issues
      1987.11
      Commentaries on Sales under Japanese Civil Code Commentaries and Cases
      1985.06
      Introduction to U.S. Laws of Corporation

      Seminars/Lectures Archives

      2023.01.18
      Role of Lawyer in Contemporary Society, Kyoto University, Law Faculty
      2022.10.04
      Governance Summit 2022 -Japanese Corporate Governance Reforms in Times of Crisis
      2022.02.21
      Disputes over Information System and Software Development
      2021.10.08
      Governance Summit 2021 -Cooperate Governance for Sustainable Society
      2021.09.24
      【Onilne Seminar】Series of M&A Legal Practice Seminars (1): M&A Strategy and Points to Note in Legal Practice
      2021.07.16
      【Online Seminar】Court Cases on Core System and Software Development
      2021.07.16
      【Onilne Seminar】Series of Seminars on Latest Court Decisions (1): Dispute over Development of Information Systems/Software
      2021.06.05
      Symposium "How Did and Will the Judiciary Overcome the Covid-19 Crisis?" - The role of IT in the civil judicial system during emergencies -
      2021.05.28
      International Dispute Resolution Seminar, Practical Course: "Practical Usage of International Arbitration - Strategy, Tactics and Points to Note Based on Actual Arbitration Cases"
      2021.05.28
      Practice of International Arbitration - Strategy and key issues
      2021.01.28
      【Online Seminar】International Legal Practice Seminar (1): Differences and Commonalities between International Legal Practice and Domestic Legal Practice
      2021.01.13
      Role of Lawyer in Society , Kyoto University , Law Faculty
      2020.10.06 ~2020.10.13
      【Online Seminar】In-House Community eCongress Japan
      2019.07.31
      【Tokyo】Risk Management & Compliance Seminar ① Frequent mistakes in handling of corporate (organizational) scandals
      2019.07.25
      【Osaka】Risk Management & Compliance Seminar ① Practical handling of corporate scandals and establishment of preventive measures
      2019.04.12
      【Tokyo】Choice of Arbitration Rules and Drafting Arbitration Clauses in light of the Amendment of the Japan Commercial Arbitration Association (JCAA) Rules
      2018.07.19
      Crisis Management and Compliance Measures -- Based on the Latest Practices of an American Law Firm
      2018.02.28
      【Tokyo】 The Law on Clinical Research and Compliance
      2017.11.28
      Current Developments in U.S. Antitrust Laws and Cross-Border M&A ~Consideration for Japanese Businesses: International Cartel Investigations・Litigation・M&A Activities~
      2017.09.14
      Corporate and Dispute Resolution Practices in Southeast Asia - Osaka
      2017.09.13
      Corporate and Dispute Resolution Practices in Southeast Asia - Tokyo
      2017.06.22
      Japanese Plea Bargains and Corporate Legal Practices Thereon
      2016.11.28
      Compliance - The Comparative Perspective (U.K., France, Germany and Japan)
      2016.06
      Japanese Lawyer and International Cooperation in legal system in Asia
      2015.10.24
      Software Program Development/Dispute Resolution (Suruga Bank vs. Japan IBM case)
      2015.09
      Seminar on the Collection of Claims and the International Commercial Arbitration: Collection of Claims from Chinese Companies and the Use of Arbitration Proceedings - Arbitration Proceedings from the Perspective of an Arbitration Body Official
      2015.09.17
      Use of Arbitration Proceedings for the Claims against Chinese Companies
      2015.07
      Corporate Governance Code and Management Ethics "Compliance with the Corporate Governance Code from the Perspective of Outside Officers and Lawyers"
      2012
      International Arbitration/Conference on Istanbul International Arbitration Center TOBB (the Union of Chambers and Commodity Exchanges of Turkey)
      2012.05.09
      Amendment of Civil Code
      2012.04.17
      Amendment of Civil Code
      2012
      Globalization and Innovation of Small and Medium Enterprise
      2007
      License Agreement in Corporate M&A and Reorganization
      2006
      M&A - Contract Negotiation and Legal Due Diligence
      2006
      Legal and Practical Issues for 2006 Shareholders Meeting under new Corporate Law
      2003
      Practical Considerations for Japanese Companies Engaged in International M&A and Other Strategic Transactions
      2003
      Whistleblowing, Compliance and Role of Corporate Auditor
      2002
      Merger & Acquisition and Corporate Restructuring
      2002
      Globalization of Corporate and Financial Legal System and Legal Services
      2001
      Cross-border Merger & Acquisition
      2001
      Negotiation - Theory and Practice - License Agreement
      2001
      Corporate Risk Management and Role of Legal Department, with Analysis of Recent Cases including Yukijirushi and Bridgestone Firestone Cases
      2000.11
      Cross-border Merger & Acquisition
      2000
      Corporate Auditor System in Japan, Compared with Legal Systems in the U.S., U.K. and Germany
      1999
      Year 2000 and Legal Liability
      1999
      Year 2000 and Legal Liability
      1998
      Corporate Ethics & Governance, Reform of Board of Directors System
      1998
      Japan-U.S. Comparison of Bankruptcy and Reorganization Law/Re-start System for Failed Entrepreneurs
      1997
      Business Investment in the U.S. and Dispute Resolution
      1996
      Products Liability Law/Legal Analysis & Practice
      1996
      ADR in the Emerging Economies and Japan
      1995
      Joint Venture Agreement
      1994
      Legal Practice and Opportunities in Japan under the New Regime, GATT and Transborder Legal Practice, the New Rules for International Lawyers
      1994.04
      Technology Transfer and Practice of License Agreement(1994 - 2000)
      1993
      The Expansion of International Transactions and the Development of International Lawyers' Activities in Japan
      1992
      Role of Legal Counsel in the U.S.
      1991
      Legal Aspects of Joint Ventures in Japan
      1991
      OEM Agreement
      1990
      International Merger and Acquisition, Joint Venture and Real Estate Investment
      1990
      Joint Venture and Licensing
      1990
      Legal Checkpoints in Investing in the US - Focusing on Delaware General Corporation Law
      1989
      Japan-US Trade and Investment: Strategies for the 1990's Protecting American Technology Transferred to Japan, Including Patent, Trademark and Licensing Issues
      1988
      International Joint Venture
      1988
      Amendments to §'337 of the Tariff Act of 1930, '§301 of Trade Act, Omnibus Trade and Competitiveness Act of 1988
      1988
      Know-How License Agreement and EC Block Exemption Rule
      1982
      Recent Amendment of Japanese Laws of Corporation

      Awards

      2024 Lawyers of the Year in Intellectual Property Law and International Business Transactions by Best Lawyers Japan 2024

      Ranked Top 10 Lawyers among the Best Performing Lawyers 2023 (as selected by listed companies) in the “Business and Human Rights” category of the “Corporate Legal Affairs and Lawyer Survey” by Nikkei, Inc.

      Ranked Top 10 Lawyers among the Best Performing Lawyers 2022 (as selected by companies and lawyers) in the International Trade and Economic Security category of the “Corporate Legal Affairs and Lawyer Survey” by Nikkei, Inc.

      The A-List, Japan's Top 100 Lawyers 2020 (Asia Business Law Journal)

      2020 Best Lawyer of the Year in Corporate and M&A for Osaka by Best Lawyers in Japan

      Ranked Top 10 Lawyers among the Best Performing Lawyers 2017 (as selected by companies and lawyers) in the International Disputes and Litigation category of the 13th "Corporate Legal Affairs and Lawyer Survey" by Nikkei, Inc.

      Listed as Leading Lawyer for M&A in IFLR 2015, for Financial & Corporate Law in IFLR 2017, Highly Regarded Lawyer for M&A and Project Finance in IFLR 2021, Highly Regarded Lawyer for M&A and Project Finance in IFLR 2022 (International Finance Law Review)

      Listed as leading individuals in "Corporate/M&A" section and "Dispute Resolution" section, Chambers Asia Pacific, Asia-Pacific's Leading Lawyers for Business, since 2009

      Listed as leading individuals in the "Corporate and M&A" section, the Asia Pacific Legal 500, since 2009

      Listed in Corporate and M&A, International Business Transactions, Litigation, Intellectual Property and Trade Law section in "Best Lawyers", since 2008

      Listed several times since 2000 as "The Ten Best Lawyers in Japan Selected by Listed Companies" in the categories of "Corporate Law, M&A" and "Cross-Border Transactions and Dispute Resolution" (Nikkei Business)

      "Project Finance of the Year 1999" award from Euro Money Magazine (for the Universal Studios Japan Project)

      Probono

      International Cooperation in Legal System (Legislation, Seminar, Lecture) in Asian Countries (eg. Cambodia, Vietnam)

      Languages

      Japanese and English

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