Ohara & Furukawa, Author at Ohara & Furukawa

June 3, 2024

Advanced Considerations for Global Businesses

As globalization continues to expand, understanding the intricacies of Japanese contract law becomes crucial for international businesses. This post delves into advanced topics of Japanese contract law and international trade, providing critical insights for companies engaged in cross-border transactions. Contract Interpretation and Ambiguity In Japanese contract law, the interpretation of contractual terms follows specific principles. Courts in Japan prioritize the intent of the parties involved, often examining the context and circumstances under which the contract was formed. This approach can be particularly important in cases where contract terms are ambiguous or open to multiple interpretations. Subjective vs. Objective Interpretation: Japanese […]

May 31, 2024

Navigating Contract Law in Japan and International Trade

In the increasingly globalized economy, understanding the nuances of contract law in Japan and its implications for international trade is essential for businesses looking to engage with Japanese counterparts. As a law firm specializing in international trade, we provide a comprehensive overview of the key aspects of Japanese contract law and practical considerations for foreign businesses. The Foundation of Contract Law in Japan Contract law in Japan is governed primarily by the Civil Code (Minpō), which was extensively revised in 2020 to modernize its provisions and make them more compatible with contemporary business practices. The fundamental principles of Japanese contract […]

June 14, 2023

Dispute Resolution in Japan

While it can’t match the drama of a judge reaching a decision after a long hard-fought trial, settlements are an efficient and relatively low-cost way to resolve disputes between parties. Settlements allow businesses or individuals to maintain some level of control over their expenses and avoid the risky gamble of a judge’s decision. Settlements also take effect immediately upon being approved by the court, which saves time and expense when compared to a potentially lengthy appeals process. For these reasons, a majority of legal disputes are resolved though settlements through negotiations or mediation. Settlements are negotiated between the parties, sometimes […]

September 15, 2022

Is divorce by agreement in Japan recognized in other countries?

The validity of a Japanese Divorce by Agreement and whether divorce by agreement in Japan is recognized in other countries entirely depends on the laws of that country. Because a Divorce by Agreement is an extra-judicial process that does not require both parties to be present, and can also easily be faked with a forged signature, many foreign jurisdictions feel uncomfortable recognizing them as valid divorces. However, very few cases have considered this issue. The court in H v. H (Queens’s Proctor Intervening) (Validity of Japanese divorce) is one of the few cases to directly consider whether a Divorce by […]