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Bond and Guarantees
- Herbert Smith Freehills LLP
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- Japan
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- April 3 2013
In difficult economic times, procuring security for performance of obligations will be a significant concern for many parties to the construction
Financial regulation under the Democratic Party of Japan
- Herbert Smith Freehills LLP
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- Japan
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- September 15 2009
We know little of the detail of the DPJ's plans for financial sector regulation but the themes and priorities are apparent from recent comments by Prime-Minister-designate Yukio Hatoyama, in the DPJ's policy statement "Index 2009" and in the backgrounds of the shadow financial affairs spokesmen, who are likely to become the future ministerial team
Dealing with increased exposure to fraud in the financial downturn
- Herbert Smith Freehills LLP
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- Japan
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- May 23 2009
In times of financial downturn and diminishing returns, complicated corporate frauds that were previously hidden by the previous successful expansion of a business often emerge
Dispute resolution clauses: achieving certainty in contractual drafting
- Herbert Smith Freehills LLP
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- Japan
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- March 18 2009
An important issue for Japanese parties entering into contracts with international counterparties is the mechanism for the resolution of disputes and in particular, the familiar choice between arbitration and litigation
FSA battens down the hatches
- Herbert Smith Freehills LLP
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- Japan
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- March 30 2009
Financial Services Agency ("FSA") remains firmly convinced that there is no need to make any significant alteration to its twin policies of Better Market Initiative and Better Regulation
Dispute boards
- Herbert Smith Freehills LLP
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- Japan
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- July 27 2009
Many parties to major construction and engineering contracts look for a means of obtaining interim binding decisions on disputes, so that work can progress pending final resolution by arbitration or litigation
ADR for financial sector retail to start soon, but it is still flawed
- Herbert Smith Freehills LLP
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- Japan
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- November 16 2009
Inadequate protection and redress for financial sector retail consumers is, in the eyes of Japan's Financial Services Agency ("FSA"), a barrier to the development of Japan's capital markets and domestic trust in those capital markets
English legal professional privilege and non-lawyers
- Herbert Smith Freehills LLP
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- Japan, United Kingdom
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- 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
Libya update
- Herbert Smith Freehills LLP
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- Japan, Libya
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- 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
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