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Results: 11-20 of 26

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


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"


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


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


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


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


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


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


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


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