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Results: 11-20 of 26

Exclusion clauses part 1: drafting tips
  • Herbert Smith Freehills LLP
  • Japan
  • November 23 2009

It is a common feature of modern business that when contracting commercial parties seek to reduce their potential liability in whole or part


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


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"


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


ICC publishes in-house Guide on effective management of arbitration
  • Herbert Smith Freehills LLP
  • Japan
  • August 4 2014

Practitioners and arbitral institutions alike are constantly looking for ways to smooth and improve the arbitral process. The latest contribution to


Japan overhauling overtime pay system and taking measures to reduce deaths from overwork
  • Herbert Smith Freehills LLP
  • Japan
  • November 11 2014

There has been increasing awareness in Japan of the health implications and unproductivity caused by excessive overtime work. As part of recent


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"


日本における残業手当制度の見直しと過労死防止対策の実施
  • Herbert Smith Freehills LLP
  • Japan
  • November 11 2014

日本では過重労働から生じる健康障害や生産性の低下について意識が高まりつつありますが先般政府が打ち出した経済改革の一環として残業手当を


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


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