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Mina Arai-Ito

Special Counsel

Professional Summary

Mina Arai-Ito leads a team of lawyers and other expert professionals and provides a broad range of services to clients, assisting them with their global business strategies, operations and expansion plans.

Mina handles a variety of corporate and commercial transactions involving both inbound and outbound investment. She also advises on compliance, governance and international trade law matters. As a former partner at the Tokyo office of Baker McKenzie, she has a wealth of management experience from working with multinational clients on major M&A transactions and other cross-border projects. Mina is currently the head of the Firm’s Middle East & Africa Focus Group, having returned to Tokyo after spending three years at Baker McKenzie’s Cairo office. She has also spent a significant amount of time in Brussels, Taiwan and Washington D.C. Practicing law across so many jurisdictions has given Mina a truly international perspective and the in-depth knowledge and experience needed to manage cross-border projects and difficult negotiations.

Practice Focus

Mina provides corporate, commercial and compliance advice for non-Japanese clients wishing to invest in Japan or expand into other regions. She also assists Japanese clients wishing to invest in or expand operations into emerging countries.

Mina assists both domestic and non-Japanese clients with M&A, corporate reorganization, litigation/dispute resolution and general corporate issues. She also advises on risk management, the development of compliance programs and the handling of investigations and helps clients establish regional headquarters, manage their overseas subsidiaries and conduct worldwide multi-jurisdictional research.

Representative Clients, Cases or Matters

  • Japan Egypt Business Council – Committee Member
  • Embassy of the United Arab Emirates in Tokyo – Special Advisor
  • Embassy of the Republic of South Africa in Japan – Strategic Advisor
  • Japan External Trade Organization (JETRO) Istanbul, Turkey – Legal Counsel
  • JETRO Cairo, Egypt – Legal Counsel
  • Represented the United States government and assisted Mickey Kantor, then US Trade Representative, in strategizing trade negotiations.
  • Advised the Egyptian government on a national public infrastructure project.
  • Assisted in the Taiwan High Speed Rail BOT Project.
  • Assisted in setting up, acquiring, and reorganizing companies and branches in Japan and in advising on business strategies, day-to-day management and governance of these operations.
  • Advised on entry and business expansion strategies in the Middle East and Africa while ensuring compliance, including the establishment of distributorships and manufacturing facilities and acquisitions and joint ventures.
  • Conducted various pre-investment compliance due diligence and risk analysis in emerging countries.
  • Advised on sanctions risks in Iran, Sudan and other jurisdictions.
  • Advised on multijurisdictional global reorganizations/restructuring of worldwide operations in more than 20 countries, including South American and CIS countries.
  • Helped in the establishment of regional headquarters by reorganizing/restructuring existing subsidiaries and distributors in Asia and the Middle East.
  • Conducted worldwide multijurisdictional research on employment, sanctions, anti-trust and other compliance regulations and other issues.
  • Negotiated and advised on litigation, arbitration and dispute resolution involving termination/dissolution of joint ventures and distributorships and other disputes.
  • Advised on the acquisition of companies with advanced technology, technology licenses and transfers and other intellectual property issues.
  • Advised on the acquisition of hospitals, local medical and insurance systems, compliance and litigation for Japanese and non-Japanese medical corporations, pharmaceutical and medical equipment companies and trading houses.
  • Assisted Japanese and non-Japanese automakers with product recalls, litigation and pre-investment compliance due diligence and in establishing compliance programs.

Mina also assists small and medium-sized Japanese companies with outbound investment and established aid programs including government subsidies.

Publications, Presentations and Articles

Publications

  • Co-author, “Part I, Section 4 Middle East Business and the Law,” International Business Law – 2nd Edition, LexisNexis Japan, July 2015

Middle East / Africa Newsletters

  • Co-author, “Series: No. 4 Middle East & Africa Healthcare Investment Report – Egypt” 25, March 2018
  • Co-author, “Series: No. 3 Middle East & Africa Healthcare Investment Report – Turkey” 24, December 2017
  • Co-author, “Series: No. 2 Middle East & Africa Healthcare Investment Report – Saudi Arabia” 23, July 2017
  • Co-author, “Series: No. 1 Middle East & Africa Healthcare Investment Report – UAE” 22, April 2017
  • Co-author, “Space Business and Law: No. 1 Space Businesses by Private Entities” Vol. 21, April 2016
  • Co-author, “Focus on Iran: European Union, Switzerland and the United States Relax Sanctions Targeting Iran on ‘Implementation Day’; Canadian Sanctions Under Review,” Vol. 20, February 2016
  • Co-author, “Seminar Report: Competition Law in the Middle East (Turkey, Egypt, Saudi Arabia, UAE, Israel, Jordan),” Vol. 19, December 2015
  • Co-author, “Preliminary insights -the new UAE commercial companies law,” Vol. 18, August 2015
  • Co-author, “Turkey update (Part 1),” Vol. 17, March 2015
  • Co-author, “Current status and trends of arbitration practice in the UAE (Part 2),” Vol. 16, December 2014
  • Co-author, “Corruption and bribery in Africa – risks and solutions,” Vol. 15, May 2014
  • Co-author, “Legislative and commercial development in the second half of 2013 – UAE, Ghana, Qatar, Kuwait, Kenya, Saudi Arabia, Tunisia, Turkey, Nigeria, Bahrain and South Africa,” Vol. 14, March 2014
  • Co-author, “Current status and trends of arbitration practice in UAE (Part 1),” Vol. 13, January 2014
  • Co-author, “Foreign exchange control regulations in South Africa,” Vol. 12, October 2013
  • Co-author, “Legislative and Commercial Development in the first half of 2013 – UAE, Qatar, Kuwait, Kenya, Saudi Arabia, Turkey, South Africa, Morocco and COMESA,” Vol. 11, August 2013
  • Co-author, “Turkey’s New Hospital PPP Regime is expected to increase foreign investment and improve bankability,” Vol. 10, June 2013
  • Co-author, “Issues posed by local agent protection laws in Egypt,” Vol. 9, May 2013
  • Co-author, “South Africa’s Merger Control Regime – Possibly applicable when entering into South Africa by means of M&A,” Vol. 8, April 2013
  • Co-author, “Issues and solutions for the termination of a local agent or distributor agreement in Turkey,” Vol. 7, March 2013
  • Co-author, “Anti-counterfeiting issues in Egypt,” Vol. 6, February 2013
  • Co-author, “Legislative and Commercial Development in 2012 – UAE, Egypt, Kuwait, Kenya, Saudi Arabia, Turkey, Bahrain, South Africa and Morocco,” Vol. 5, February 2013
  • Co-author, “Saudization – Requirement of employing Saudi Arabian citizens – You may be required to reconsider your employment structure in Saudi Arabia by February 2013,” Vol. 4, November 2012
  • Author, “Government businesses or state-owned firms: Issues to be aware of regarding litigation and mediation systems,” Vol. 3, September 2012
  • Author, “Important last minute changes made to the New Turkish Commercial Code prior to enactment,” Vol. 2, September 2012
  • Author, “Major revisions to the Turkish Commercial Code effective July 1, 2012,” Vol. 1, June 2012

Articles

  • Co-author, “Exporting Japanese medical service packages to emerging countries”: Overview of regulations for establishing and operating medical institutions in the Asia Pacific region,” Baker McKenzie, March 2013
  • Co-author, “World Legal & Business Guide No. 15 Turkey,” Business Law Journal, LexisNexis, June 2012
  • Co-author, “World Legal & Business Guide No. 10 Egypt,” Business Law Journal, LexisNexis, January 2012
  • Co-author, Doing Business Guide in Egypt, Japan External Trade Organization (JETRO), March 2011
  • Author, Managing Cross-Border M&A Risk – EU Competition Law Perspective, December 2005
  • Co-author, Doing Business Guide in Taiwan, Baker McKenzie, May 1998

Presentations

  • Moderator, “TICAD 7 Preview: Symposium: Japan’s New Strategies to Africa Businesses” hosted by Nikkei Shimbun, Nikkei BP, Co-sponsored by Ministry of Economy, Trade and Industry, May 2019
  • Speaker, “Japan-Egypt Business Workshop” hosted by Embassy of Egypt in Japan, Japan External Trade Organization (JETRO), Japan-Egypt Business Council (JEBC), Japan Chamber of Commerce & Industry (JCCI), Tokyo Chamber of Commerce & Industry (TCCI), Sep 2018
  • Speaker, “Innovation as a Bridge between and among Japan, the Middle East & Africa — Introduction to a New World and New Yourself” hosted by ZENMONDO global business community, co-sponsored by Embassy of Egypt in Japan, Embassy of the UAE in Tokyo, Baker & McKenzie, July 2018
  • Speaker, “Business and investment environment in Turkey” hosted by Investment Support and Promotion Agency of Turkey (ISPAT), EY Turkey, Baker & McKenzie, March 2018
  • Speaker, “Investment and M&A in Turkey” hosted by Investment Support and Promotion Agency of Turkey (ISPAT), JETRO, PRAGMA Mizuho Bank, Baker & McKenzie, Feb 2017
  • Speaker, “Investment in Renewable Energy Projects in Africa” hosted by Japan Institute for Overseas Investment, Baker & McKenzie, Feb 2017
  • Speaker, “International Arbitration in the Middle East: Perspectives from the United Arab Emirates and the Kingdom of Saudi Arabia” hosted by Baker & McKenzie, May 2016
  • Speaker, “Iran’s current market economy: Legal experts from Japan, U.S. and Europe define the business environment after sanctions are lifted” hosted by Japan External Trade Organization (JETRO), Jan 2016
  • Speaker, “Competition laws in Africa: South Africa, COMESA, Morocco, Kenia, Nigeria, Mozambique” hosted by Fair Trade Institute, Jan 2016
  • Speaker, “Competition law in the Middle East: Turkey, UAE, Saudi Arabia, Egypt, Israel, Jordan” hosted by Fair Trade Association, November 2015
  • Speaker, “Investment strategies in Africa – the go/no-go risk process: Discussing successes and failures of foreign companies with anti-corruption experts” hosted by IDE-JETRO, Oct 2015
  • Speaker, “The current Islamic Region business landscape and utilizing Turkey as a hub for operations: Agency law complexities and success/failure in the bidding process” hosted by Nihon Kougyou Keizai Shinbun, May 2015
  • Speaker, “A legal seminar on investments in the Emirate of Abu Dhabi, the UAE” hosted by Japan Cooperation Center for the Middle East (JCCME), March 2015
  • Moderator, “South Africa – Japan Innovation Business Forum” hosted by the Embassy of the Republic of South Africa in Japan and South African Chamber of Commerce in Japan, November 2014
  • Speaker, “Turkey Business Forum” hosted by Baker McKenzie and the Japan Export and Trade Organization (JETRO), November 2014
  • Speaker, “Japan Africa Business Forum 2014,” hosted by African Development Bank and External Representation Office for Asia (ASRO), June 2014
  • Speaker, “South Africa as a gateway to Africa’s mega market: A summary of the politics, economy and laws,” hosted by the Japan Institute for Overseas Investment (JOI), March 2014
  • Speaker, “South Africa as a gateway to Africa’s mega market: A summary of the politics, economy and laws ” hosted by FN Communications, February 2014
  • Speaker, “Strategic investments in Middle East Arab countries: Enhancing Japanese competitiveness through analysis of past success” hosted by Baker McKenzie and supported by JCCME, December 2013
  • Speaker, The 3rd Japan-Arab Economic Forum “Strategic investments in Middle East Arab countries: Enhancing Japanese competitiveness through analysis of past success” hosted by the Ministry of Economy, Trade and Industry (METI), Ministry of Foreign Affairs (MOFA) and The League of Arab States
  • Speaker, “Nikkei Business Africa Conference 2013,” hosted by Nikkei BP, July 2013
  • Speaker, “Africa Investment and Risk Management Strategies Seminar,” hosted by Baker McKenzie and supported by JICA, June 2013
  • Speaker, TICAD, “Investment Strategies in Africa: Mitigating risk and maximizing opportunities by entering the market through Egypt, South Africa and Morocco,” hosted by JICA, June 2013
  • Speaker, “UHHA Professional Business Seminar: The forefront of African business as well as business on resources,” co-hosted by UHHA Symposium Executive Committee and the MOFA, supported by Ministry of Land etc, Sponsored by Baker McKenzie, May 2013
  • Speaker, “Anti-counterfeiting measures in Egypt,” commissioned by METI and sponsored by JETRO, December 2012
  • Speaker, “Latest developments concerning investing into Africa” hosted by JOI, October 2012
  • Speaker, “Global Management Seminar – Attractions and Legal Risks in investing in Africa,” co-hosted by The Bank of Tokyo-Mitsubishi UFJ, Ltd., Toyo Keizai Inc. and JICA, June 2012

Media

  • TICAD7 Preview Symposium-New Strategies for African Business-Business Model Built on New Partnerships,” Financial Times, August 28, 2019, Nikkei Asian Review August 26, 2019
  • “TICAD7 Preview Symposium-New Strategies for African Business-Business Model Built on New Partnerships,” Nikkei Business, July 26, 2019, The Nikkei Newspaper, August 28, 2019
  • “Legal Talk: New Organization set up to exchange information on Middle East,” Interview, The Nikkei Newspaper, June 25, 2018
  • Comments, “Japanese companies’ Africa Strategies from a globalization perspective,” Africa News publication issued by Africa Society, January 15, 2016
  • Comments, “Practical issues on the ground: Japan develops its presence in Africa,” Africa Law & Business (ALB), January 4, 2016
  • Comments, “Iran Businesses: Japan, the US, and European Sanctions: What has changed?” Asahi Judiciary, September 29, 2016
  • Comments, “Legal Section – Japan, Europe, the US – Iran Sanctions,” The Nikkei Newspaper, February 8, 2016
  • Comments, “Look out – Legal issues in Emerging countries (South Africa),” The Nikkei Newspaper, December 29, 2014
  • Comments, “Africa ABC – Bribery and Corruption – risks for corporations,” The Nikkei Newspaper, December 31, 2013
  • Comments, “Corporate governance – social responsibility,” The Nikkei Newspaper, September 5, 2013
  • “Promotion of investments into Africa – Emphasis on risk management,” The Nikkei (Online), June 1, 2013
  • “Close up Africa – Business events in Tokyo,” The Nikkei Newspaper, June 1, 2013

Admissions

  • Foreign Registered Lawyer (gaikokuho jimu bengoshi) – Japan (2004-2008, 2011-present)
  • District of Colombia – United States (1999)
  • New Jersey – United States (1997)

Professional Association and Memberships

  • State Bar of New Jersey – Member
  • State Bar of Washington, D.C. – Member
  • Tokyo Bar Association – Member
  • Research Committee on Intellectual Property Rights in Africa (appointed by the Japan Patent Office) – Committee Member
  • University of Tsukuba, Graduate School of Business Sciences – Lecturer

Education

  • College of Europe in Belgium (completed a post graduate program on E.U. Law) (2006)
  • American University Washington College of Law (JD) (1996)

Languages

English, Japanese, Chinese (basic), Arabic (basic)

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