Ohara & Furukawa

November 6, 2017

How can parties reduce claims of bias during international arbitration?

Arbitrations are designed to be a fair and unbiased method to settle disputes without resulting to the judicial system.  However, for some parties, the location of the arbitration still presents a potential for bias.  In cases where the parties wish to ensure that the arbitration is as fair as possible, holding the arbitration in a neutral 3rd country may help ease the worry that the arbitrator might be biased.
November 2, 2017

Is it possible to visit someone at an immigration detention center in Japan?

Immigration detention centers are not prisons but they are facilities designed around the careful monitoring of individuals who have broken Japanese immigration laws.  As such, there are strict rules about visiting someone who is currently being held at a detention facility.  Each facility has a different set of rules but the general policies are similar.  To meet a detainee you should bring proper identification, such as a foreign residence card or passport, and visit the detention center during the center’s office hours.  The Osaka detention center is open from 9 to 12 and 1 to 4 on weekdays, although these […]
October 25, 2017

What do the Incoterms EXW and DDP mean?

Ex Works (EXW) and Delivered Duty Paid (DDP) are the two Incoterms that are the most heavily weighted toward either the buyer or the seller.  Under the term EXW, the buyer is responsible for all aspects of the shipment, even packaging of the goods under some circumstances.  On the other hand, DDP requires the seller to take responsibility for delivering the goods, and paying all fees, from the seller’s warehouse all the way to the buyer’s final destination.  Additionally, unlike FOB or CFR, both of these terms may be used regardless of the mode of transport and may be applied […]
October 23, 2017

How is overtime calculated in Japan?

The rate of overtime pay in Japan varies by the type of overtime the employee is performing.  For example, working in excess of statutory working hours will result in overtime pay of 125% of an employee’s salary, while hours worked late at night in excess of statutory working hours exceeding 60 hours in a month should be paid at 175% of an employee’s base hourly salary.  In addition to these two types of overtime there are a variety of other situations that result in different pay scales being applied.