Ohara Law Office

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.
December 1, 2016

How do I apply to extend my visa to stay in Japan?

Applications to renew a Japanese visa are accepted starting 3 months before the foreign national’s visa expires and will continued to be accepted right up until the last day of the visa.  To apply for a renewal of a Japanese visa, the applicant needs to prepare the necessary documents as part of the application packet.  These include the application form, a 4cm by 3cm photo of the applicant, supporting documents, passport and residence card.  The applicant must also prepare the application fee.  These documents must be submitted to the local immigration office.  Processing can take anywhere between two weeks to […]
November 29, 2016

Is there an escrow system in Japan?

The Japanese government operates a public system very similar to escrow called the Deposit system (kyotaku 供託).  Under this system, a party may deposit money (or other negotiable securities) with the government deposit office prior to executing a contract.  Upon completion of the contract the government office will release the money to the relevant party.  This system can be useful if two parties to a contract do not trust each other to keep their promises.  In such case, one party may ask the other to put the money in the Deposit system until the performance is complete to ensure that […]