Ohara & Furukawa, Author at Ohara & Furukawa

May 6, 2016

How is arbitration similar to litigation?

While arbitration provides a cost effective and faster alternative to filing a lawsuit in court, there are some similarities between the two systems. Two of the biggest similarities are the way notice is served and the participation of expert witnesses.

May 2, 2016

Is it possible to apply to the Hague Convention from a non-signatory country?

The Hague Convention on the Civil Aspects of International Child Abduction is a treaty executed by over 90 countries around the world. Like any other treaty, it binds the member countries to certain promises that must be upheld in relation to each other. However, the Convention holds no power over countries that are not member States. Therefore, applications cannot be made to or from countries that have yet to sign the Convention.

April 27, 2016

Is there a faster way to get permanent residency in Japan?

In 2012, the Ministry of Justice, Immigration Bureau introduced a new system for certain highly skilled foreigners to obtain Japanese permanent residency. The new system is a points based system that gives preference for higher levels of education or salary. Under this system qualified individuals are given preferential immigration treatment such as the ability to obtain permanent residence faster than other foreigners.

April 25, 2016

What is an Exclusive Remedy Clause?

One of the reasons that companies enter into written contracts with each other is to provide a certain amount of predictability in business dealings. The contract allows both parties to know what to expect from each other over a term that can last for months or years. However, when one party breaks the contract, this predictability is shattered if the remedy for the breach is left up to an arbitrator or judge. Including an exclusive remedy clause into the contract can resolve this potential source of unpredictability.