FAQ Archives - Page 60 of 93 - Ohara & Furukawa

June 10, 2016

Is it possible for a foreign lawyer to represent someone in a Japanese arbitration?

Similar to a lawsuit in court, parties to an arbitration are allowed to have legal counsel represent their interests to the panel of arbitrators. However, while legal representation in litigation is limited to attorneys licensed in Japan, there is no rule in the Arbitration Act preventing foreign lawyers from representing clients in an arbitration.

June 8, 2016

What is the Japan Central Authority?

The Hague Convention on International Child Abduction mandates that member countries establish or designate a Central Authority to handle cases brought under the Hague Convention. As the actual work of enforcing the Hague Convention falls on the staff of each country’s Central Authority, these offices play an important role in ensuring the smooth and efficient cooperation between countries according to the rules of the Hague Convention. In Japan, the Central Authority has been established in the Ministry of Foreign Affairs.

June 6, 2016

What happens after someone is detained by an immigration officer in Japan?

A Japanese immigration control officer can temporarily detain a foreign national if he or she reasonably believes that the foreign national has committed a deportable offence such as overstaying a visa or committing a crime. However, this temporary detention is only allowed in situations that require urgent action and once the foreigner has been safely detained, the immigration officer must deliver the foreigner and any evidence relating to the offense to an immigration inspector within 48 hours from the start of the detention.

June 3, 2016

Is it possible to sell rights under a contract to a third party?

In Japan, most contract rights are assignable to third parties. This general rule is limited to rights that are of an assignable nature (such as collecting payment) and to contracts that do not explicitly prevent assignments. This means that a party to a contract may assign his right to collect ten million yen over the course of a year, to a third party in exchange for nine million yen immediately. This rule favoring assignment allows parties to freely contract to suit their needs and ideally should promote the best possible economic outcome for all parties.