General Practice Archives - Ohara & Furukawa

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 […]

June 21, 2022

Enforce a Foreign Judgment in Japan

In many cases, it is possible to enforce a foreign judgment in Japan, however, Japanese courts will only recognize a final foreign judgment and enforce it in Japan if it meets certain conditions. First, the judgment must have been ordered by a court with proper jurisdiction and proper service must have been given to the defendant. Second, the judgment must not be contrary to public policy in Japan. Finally, a Japanese court will be reluctant to enforce a foreign judgment if the foreign country does not recognize Japanese court judgments in return.

June 9, 2022

International Inheritance in Japan

International inheritance in Japan can be a very difficult process to navigate. Generally, inheritance procedures in Japan are subject to the law’s of the deceased person’s home country. However, Japanese laws may apply in exceptional cases.

February 1, 2021

Release Clauses in Japan

In Japan and many other countries, when signing a settlement agreement, a release clause is a very important thing to consider. As for release clauses in Japan, the most important consideration is whether the agreement prevents one or both parties from filing any lawsuits in the future. If the agreement does not prevent future litigation over the same topic, it is essentially useless as a settlement. This release of future claims is contained in the release clause of most settlement agreements. The release clause should clearly state that the case being settled will be withdrawn from court and that one […]