arbitration Archives - 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 […]

December 20, 2017

Who gets to appoint arbitrators in Japan?

Naturally, when contemplating arbitration, each party will want to nominate as many arbitrators to the panel as possible to increase their chances of obtaining a favorable outcome. If one side gets to pick all of the arbitrators to a dispute, it is more likely that the dispute will be resolved in their favor. However, arbitration agreements that grant too much power to only one party are invalid and therefore, clauses granting one party unilateral power to appoint arbitrators is invalid under Japanese law.

November 6, 2017

How can parties reduce claims of bias during international arbitration?

Arbitrations are designed to be a fair and unbiased method to settle disputes without resulting to the judicial system. However, for some parties, the location of the arbitration still presents a potential for bias. In cases where the parties wish to ensure that the arbitration is as fair as possible, holding the arbitration in a neutral 3rd country may help ease the worry that the arbitrator might be biased.

August 24, 2017

What is the difference between arbitration and mediation?

As alternatives to litigation, mediation and arbitration both share some similarities, but it is important to know the differences between the two before choosing which method is right for your situation. In general, mediation can only end with an agreement between the parties, while arbitration can end with a decision by an arbitrator.