Interviews
#10QuestionswithMaxwell Interview Series: Emi Rowse (Igusa), Kudun & Partners
In this #10QuestionsWithMaxwell interview, we feature Emi Rowse (Igusa), Partner and Head of Japan Practice at Kudun and Partners, based in Bangkok, Thailand.
Emi is a partner of Kudun & Partner’s Disputes Resolution Practice, with over 20 years of experience specialising in international arbitration. She also heads the firm’s Japan Practice. She advises and represents clients throughout Asia in complex commercial litigation and arbitration proceedings. Her expertise spans a wide range of industries, including financial institutions, energy corporations, and global manufacturers. Emi has successfully represented clients in arbitrations governed by the ICC, LCIA, SIAC, and TAI rules.
Her practice encompasses various dispute matters, including commercial contracts, shareholder and joint venture disputes, employment issues, investigations related to corruption and fraud, corporate governance, and competition law. Emi’s deep understanding of these areas makes her a trusted advisor in navigating complex legal challenges.
Recognized as one of Thailand’s Top 100 Lawyers, Emi brings a wealth of knowledge and experience to her clients. Being half Japanese, she is fluent in both reading and writing Japanese, enhancing her ability to effectively serve clients with cross-border needs.
In this interview, Emi shares her journey into international arbitration. Having navigated the cultural nuances between Japan and Thailand, she shares valuable insights on her approach to cross-cultural settings, including key communication skills and much more.
Read the full interview below:
Q: Can you tell us how your journey in arbitration began, and what drew you to specialize in arbitration?
My journey in arbitration began in 2008 when I joined Herbert Smith Freehills (then Herbert Smith) in Hong Kong. Up to that point, I had been a commercial litigator at Robertsons, a Hong Kong law firm, where I thoroughly enjoyed representing clients in contentious intellectual property and shareholder disputes. Upon joining HSF, I had the privilege of working with Justin D’Agostino on my very first arbitration case, which involved a high-profile individual in Hong Kong. That experience was a turning point in my career – it opened my eyes to see the similarities and differences between arbitration and litigation and sparked a deep interest in this form of dispute resolution.
What continues to fascinate me about arbitration is its inherently cross-border nature. It offers dispute resolution lawyers the unique opportunity to work internationally, even while being qualified in a single jurisdiction. Arbitration is also a constantly evolving field, with procedures that are modern and increasingly tailored to the needs of end users. I am particularly drawn to the principle of party autonomy – how it allows parties to take meaningful control over the process and outcomes of their disputes.
In light of my background in counselling, I wrote an article a few years ago exploring the intersection between arbitration and the psychological concept of the “circle of control”. I believe there are strong parallels between effectiveness and appeal of arbitration as a dispute resolution mechanism and certain psychological factors – especially those related to autonomy, clarity and control.
Q: What key skills are essential when advising Japanese companies on disputes in Thailand? Are there specific cultural nuances or business practices that legal practitioners should be mindful of in this context?
I often explain that the Japanese and Thais share similar cultural attitudes toward disputes. Both cultures tend to be non-confrontational and prefer to resolve disputes quietly and amicably in order to preserve relationships and avoid loss of face. However, this dynamic can shift depending on the nature of the dispute. For instance, in labour disputes, Thai parties can be quite litigious, and there are relatively few barriers to initiating claims in the Thai courts.
When advising Japanese companies, one of the most important considerations is managing expectations around process and timelines. Patience and flexibility are key, as Thai dispute resolution procedures can be unpredictable and subject to delays. Requests for extensions of time and adjournments are common and often granted, which can be frustrating for parties used to more rigid and predictable systems.
While both Thailand and Japan are civil law jurisdictions and thus share certain procedural similarities, there are important practical differences. Mediation and settlement are actively encouraged by both courts and tribunals in Thailand. At the same time, strict procedural formalities – particularly relating to the notarisation and legalisation of documents involving foreign parties can pose logistical challenges. These formalities can often require significant lead time, which can be compounded by the internal approval processes typically required within Japanese companies.
Japanese businesses also place high value on reputation, compliance and social responsibility, so when advising these companies, it would be important to combine legal strategies with PR, ethical and regulatory implications. Legal practitioners advising Japanese companies in Thailand will therefore need to combine strong cross-cultural knowledge with good communication skills.
Q: From your perspective, what makes Thailand an attractive or strategic market for Japanese companies looking to expand?
Thailand has long been a preferred destination for Japanese corporates, with a strong history of bilateral economic ties dating back several decades. Japan consistently ranks among the top three countries in terms of foreign direct investments (FDI) into Thailand, particularly in key sectors such as manufacturing, automobile and electronics.
There are several reasons why Thailand remains an attractive and strategic market for Japanese companies seeking regional expansion. Its central location within Southeast Asia provides a natural gateway to the broader ASEAN market. The country also offers a competitive and skilled labour force, well-developed infrastructure and an improving legal and regulatory framework that supports foreign investments. Notably, the Thai judiciary (particularly in Bangkok) has become increasingly efficient, transparent and knowledgeable with arbitration (specifically, enforcement of foreign arbitral awards), which helps to provide greater predictability and legal certainty for foreign investors.
Thailand is already home to one of the largest Japanese expatriate and business communities in Southeast Asia. There is also a robust ecosystem of Thai suppliers and joint venture partners familiar with Japanese business practices; in fact, it is not uncommon to find Thai people in the manufacturing industry who can speak fluent business Japanese and minimal English!
Taken together, these factors make Thailand a compelling base for Japanese businesses looking to expand operations, manage supply chains, and access growing consumer markets in the region.
Q: How does Thailand compare to other regional markets or within Japan itself, when companies are deciding where to focus their expansion efforts?
Thailand continues to stand out as a highly attractive destination for Japanese companies when compared to other regional markets and even domestic expansion in Japan. This is mainly due to the Thai government’s efforts in actively pursuing policies to attract foreign direct investment, with a particular focus on strategic sectors such as manufacturing, renewable energy, electric vehicles, and smart electronics.
The Thailand Board of Investment (BOI) offers a comprehensive range of incentives to support foreign investors. These include tax exemptions or reductions, permission for foreign ownership in certain promoted industries and offering an array of visa options for foreigners who wish to work and live in Thailand.
While markets like Vietnam and Indonesia also offer growth opportunities, Japanese companies often find that Thailand’s more developed infrastructure, strong bilateral ties with Japan, and the maturity of its industrial base offer a relatively more stable and business-friendly environment for medium- to long-term investment.
Q: What are the common challenges Japanese companies face when engaging in arbitration within Southeast Asia?
Japanese companies engaging in arbitration across Southeast Asia often encounter a range of challenges, many of which stem from differences in procedural expectations, legal infrastructure, and enforcement reliability across jurisdictions.
One key challenge relates to expectations around efficiency and procedural discipline. Japanese businesses tend to value structured, predictable, and time-bound processes – anyone who has experience travelling on Japanese shinkansen (bullet trains) will know that Japanese people highly value punctuality and predictability.
In contrast, arbitration proceedings in some Southeast Asian jurisdictions may experience procedural delays, inconsistent case management, or limited availability of experienced arbitrators, which can frustrate Japanese parties who are accustomed to a more orderly or responsive system.
Another significant concern is the effective enforcement of arbitral awards. While many Southeast Asian countries are signatories to the New York Convention, in practice, enforcement can be slow and occasionally unpredictable. Some domestic courts may impose additional scrutiny on foreign awards or interpret public policy exceptions broadly, which undermines the finality and effectiveness of arbitration. In certain Southeast Asian jurisdictions, court familiarity with international arbitration may also be limited, further compounding the risk of not being able to enforce foreign arbitral awards.
In addition, Japanese companies may face difficulties in navigating language barriers, cultural differences in advocacy styles, and limited transparency around local counsel practices. For example, the preference in Japanese corporate culture for amicable dispute resolution may not always align with the more adversarial or tactical approaches taken by opposing parties or local lawyers in Southeast Asia.
Q: You’ve been actively involved in championing diversity and inclusion, especially for women in arbitration. Looking at the current landscape, do you feel we’re seeing real, tangible change? What meaningful actions do you think need to happen next to truly move the needle?
There has certainly been notable progress in recent years in raising awareness of the underrepresentation of women in international arbitration, thanks in large part to the efforts of organisations such as ArbitralWomen and the Equal Representation in Arbitration (ERA) Pledge, and various institutional initiatives.
Encouragingly, some leading arbitral institutions in the region, including SIAC and HKIAC, have reported increases in the number of female arbitrators appointed, particularly in institutional appointments. However, when we examine the data more closely, it becomes clear that while institutional appointments of female arbitrators have risen, the proportion of women being appointed by parties remains disproportionately low. For example, HKIAC’s 2024 statistics showed that while women comprised 34.7% of appointments, the proportion of female arbitrators designated by parties was 19.1%. This gap suggests that there is still unconscious bias and limited visibility of qualified female candidates that is hindering progress at the party-nomination stage.
To truly move the needle, we need to go beyond awareness and focus on actionable, structural changes. Some ways to do this include:
- Increasing visibility of female arbitrators through curated and updated databases, speaking opportunities, and mentorship programmes.
- Educating in-house counsel, law firms, and clients about the breadth and depth of talent among female arbitrators and encouraging them to proactively consider diverse candidates in party nominations.
- Creating meaningful opportunities for women to gain experience—whether through co-arbitrator roles, sitting as tribunal secretaries, or being appointed in smaller-value or expedited cases.
- Empowering female practitioners by building confidence, creating opportunities for sharing experiences, expanding professional networks, and fostering leadership pathways in the arbitration community.
I also believe that greater attention must be paid to other underrepresented groups, including those from diverse nationalities, younger practitioners, and individuals with disabilities. Arbitrator appointments still heavily favour certain jurisdictions and established figures, limiting opportunities for fresh and diverse perspectives. True inclusion means widening the pool and actively supporting candidates from varied cultural and professional backgrounds.
Q: What are the key trends you’re observing in international arbitration today, particularly in Asia-Pacific?
One of the most significant trends I’ve observed is the rise of Asia as a central hub for international arbitration. We’re seeing a steady increase in the number of cases being administered by leading Asian arbitral institutions, as well as growing confidence among Asian parties in choosing arbitration over litigation. This reflects a broader shift in the region toward embracing arbitration as a preferred mechanism for resolving complex, cross-border disputes. The fact that Asian parties are not only participants but also top users of these institutions demonstrate the region’s increasing sophistication and engagement with arbitration.
I think another key driver is the geopolitical uncertainty impacting trade and investment flows. With rising tensions, shifting supply chains, and evolving regulatory landscapes, we are likely to see a corresponding increase in cross-border commercial disputes. In such a climate, arbitration offers critical advantages—particularly its neutrality, enforceability under the New York Convention, and adaptability to complex transnational issues.
In addition, the modernisation of arbitral procedures, including digital hearings, expedited rules, and growing support for interim relief, has enhanced the appeal of arbitration in Asia. Institutions are also making strides in diversity, transparency, and cost-efficiency, all of which respond to the needs of increasingly global and commercially-savvy users.
Q: What has been the most rewarding aspect in your career, and what keeps you motivated?
I think the most rewarding aspect of my career has been the opportunity to work across different countries and cultures, and to meet incredible people who have inspired, encouraged and shaped me both professionally and personally. One of the unique privileges of being an arbitration practitioner is the truly international nature of the work – you engage with lawyers, arbitrators, and clients from around the world, and the practice itself is constantly evolving. No two cases are the same, and there is never a dull moment in the world of international arbitration.
What continues to motivate me is my passion for servant leadership – to lead by supporting and uplifting others. I feel blessed to have been mentored by generous and visionary leaders who invested their time and wisdom in me, and I feel a strong sense of responsibility to do the same for the next generation of lawyers. Whether through mentoring, training, or simply being available to share experiences, I find great fulfilment in helping others grow and thrive in their own journeys.
Q: If you weren’t in your current profession, what profession would you be in?
I would be a Christian author and motivational speaker.
Q: To get to know you more on a personal level, tell us 3 fun/interesting facts about yourself.
- I am a lawyer-counsellor-lawyer – After practising law for 15 years, I decided to qualify and work as a mental health counsellor for several years.
- I have three children, one of whom just turned 18 (!) and will be attending the same University I attended.
- When I was young and fit, I was on the Japanese Club Dragon Boat Team in Hong Kong.
From left to right:
- Emi with her husband in Krabi (Thailand)
- Emi at an event hosted by her firm, Kudun and Partners, with guests from Singapore (Pei Ching Ong and Kate Lan) and Hong Kong (Benny Lo)
- Emi speaking at ICCA 2024 with moderator, Amanda Lee (on arbitration as a human endeavour including doughnut economics)
