Ohara Law Office

December 12, 2016

What should a creditor be careful about when emailing a debtor?

These days, email exchanges have become ubiquitous and most business communication is now done over the internet rather than a phone line.  This change in business norms has provide a great boost for creditors attempting to enforce debts because email exchanges between creditors and debtors often provide solid evidence of the existence of a debt and the debtor’s obligation to pay.
December 9, 2016

Who has to pay inheritance tax in Japan?

In Japan, inheritance tax is charged against the beneficiary receiving the inheritance.  This is in contrast to other countries where the estate is taxed before being divided among the heirs.  Therefore, because the tax is charged based upon the asset each heir receives, the amount of tax each heir owns will necessarily be different.
December 7, 2016

How are the rules for an arbitration set in Japan?

Japan’s Arbitration Act contains some mandatory rules for how arbitrations in Japan should proceed.  However, many of the more specific rules are set by arbitration organizations such as the Japan Commercial Arbitration Association.  Designating one of these associations in an arbitration agreement or arbitration clause will specify that organization’s rules as the governing rules of the arbitration.
December 5, 2016

Can you claim damages as part of a divorce in Japan?

As part of a divorce proceeding in Japan, courts will sometimes award damages to compensate for mental and physical suffering.  However, these damages are awarded on a case-by-case basis and do not apply to every divorce.  Typically, damages in divorce cases will be awarded in cases where one spouse was cheating.  In these cases, the non-cheating party will be able to make a claim for damages from the cheating spouse.  This is especially true in cases where cheating forms the basis for filing for divorce.