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Results: 1-5 of 5

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"

ADR for financial sector retail to start soon, but it is still flawed

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

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

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

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