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Target cost contracts

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • July 31 2013

The use of target cost contracts has increased in recent years as employers have sought means to incentivise contractors to bring in projects within

Bond and Guarantees

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • April 3 2013

In difficult economic times, procuring security for performance of obligations will be a significant concern for many parties to the construction

Terminating distribution agreements know where you stand

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • January 11 2013

A distribution agreement is a contract under which a seller (the "distributor") markets and distributes products which it has purchased from a

ADR in construction disputes: arbitration and dispute boards are not the only answer

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • December 17 2012

Disputes between parties to a construction project are relatively commonplace. Many can be resolved without great difficulty, but this is not always

FIDIC Subcontract 2011: A critique of the alternative dispute resolution procedures

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • November 30 2012

In September's Construction dispute avoidance newsletter we considered the long-awaited FIDIC Conditions of Subcontract for Construction of Building and Engineering Works designed by the Employer First Edition 2011 (the "2011 Subcontract"

Libya update

  • Herbert Smith Freehills LLP
  • -
  • Japan, Libya
  • -
  • November 21 2011

In our May 2011 newsletter we looked at the sanctions imposed against Libya by the international community, and considered the risks for Japanese companies in doing business in Libya or with Libyan counterparties

Bearing the risk of the unexpected in the ground

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • October 31 2011

Ground conditions present a common problem for contractors in Southeast Asia and elsewhere

English legal professional privilege and non-lawyers

  • Herbert Smith Freehills LLP
  • -
  • Japan, United Kingdom
  • -
  • July 14 2011

The Supreme Court of the United Kingdom has recently granted leave to appeal against an English Court of Appeal decision that common law legal professional privilege does not extend to any professional other than a qualified lawyer

Circular transactions in Japan

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • March 10 2010

Herbert Smith's May 2009 newsletter considered the impact on Japanese companies of high profile cases reported in the global media that had been filed as a result of the economic downturn

Japan's new government intending to amend Worker Dispatch Law

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • January 17 2010

While the normal focus of our regulatory newsletters usually relates to issues specific to the financial services sector, in this month's newsletter we will focus on an issue that not only applies to financial services companies but to all companies in Japan: temporary dispatched workers