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Results: 1-10 of 25

Dispute resolution clauses: achieving certainty in contractual drafting

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • 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

The use of "without prejudice except as to costs" offers as a dispute resolution technique

  • Herbert Smith Freehills LLP
  • -
  • Japan, United Kingdom
  • -
  • April 10 2009

One of the key factors that must be taken into account when deciding whether to pursue a claim is the potential legal costs involved

FSA battens down the hatches

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • 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

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

Dealing with increased exposure to fraud in the financial downturn

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • 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 boards

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • 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

Convention on Contracts for the International Sale of Goods ("CISG"): Part II

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • July 31 2009

In our newsletter of August 2008 (Japan Dispute Avoidance Newsletter number 72) we discussed how on 1 July 2008 the National Diet of Japan had acceded to the United Nations Convention for the International Sale of Goods of 1980 ("CISG"

Convention on contracts for the international sale of goods ("CISG"): part III

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • September 2 2009

In our last newsletter of July 2009, we discussed how on 1 August 2009, the United Nations Convention for the International Sale of Goods of 1980 ("CISG") was scheduled to enter into force in Japan

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

Financial regulation under the Democratic Party of Japan

  • Herbert Smith Freehills LLP
  • -
  • Japan
  • -
  • 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