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Results: 1-10 of 27

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


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


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


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"


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"


A rock or an island? The significance of Okinotorishima and its status under the international law of the sea
  • Herbert Smith Freehills LLP
  • China, Global, Japan, South Korea
  • July 5 2012

Okinotorishima is an atoll in the Philippine Sea


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


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