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Results: 1-10 of 28

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


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


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


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


English legal professional privilege and non-lawyers
  • Herbert Smith Freehills LLP
  • United Kingdom, Japan
  • 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
  • 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


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"


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


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


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