Michael McErlaine
Michael supports Japanese and international clients on complex international arbitration and cross-border disputes in Asia-Pacific.
Based in Tokyo, Michael's practice centres on advising Japanese and international clients from a wide range of industry sectors to resolve their most complex international disputes through arbitration and other dispute resolution methods. He has extensive experience in international arbitration under all of the major institutional rules including JCAA, ICC, LCIA, SIAC, HKIAC and UNCITRAL as well as ad hoc arbitrations seated across Asia Pacific and beyond.
Michael has significant experience advising on complex and high-value disputes including M&A, joint venture and shareholder disputes as well as claims in fraud. He has advised on disputes involving jurisdictions across Asia, Europe, Africa, the Middle East and North America. Michael also works with clients on multi-jurisdictional anti-bribery and corruption matters (including regulatory investigations), advice on global sanctions regimes, and crisis management. His practice covers a broad range of industry sectors with a particular focus on the energy, pharmaceuticals and financial buyers and private equity sectors. Michael is ranked as a Leading Associate by Legal 500 who say he "excels in regulatory investigations and is experienced in representing clients under all the major institutional rules".
Experience & capabilities
Selected matters
- a Japanese pharmaceutical company on a contested termination of a licence agreement for medical drugs and quality issues
- advising a global pharmaceutical company on a dispute with its joint venture partner over the development and marketing of a product in Japan
- a major Asian power generation company on disputes arising out of its joint venture arrangements in a Southeast Asian jurisdiction
- a Japanese trading house on disputes with one of its joint venture partners in respect of an Australian mining project
- one of Asia's largest private equity firms in HKIAC arbitration proceedings against another leading private equity firm, on the sale of its shareholding in a Korean company
- a leading Japanese corporation on an investigation arising out of corrupt practices at an overseas subsidiary, including negotiations with US anti-corruption authorities
Background
Having spent a number of years practising in the firm's London office, Michael relocated to Tokyo, Japan in 2015 where he has acted on some of the largest and most complex cases. He is licensed to advise on the laws of England and Wales in Japan as a Registered Foreign Lawyer (Gaikokuho Jimu Bengoshi). He is admitted as a solicitor in England and Wales and is a qualified Solicitor Advocate.