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.

November 14, 2018

Mandatory Provisions for Japanese Contracts

For the most part, parties have freedom of contract in Japan and are allowed to include, or not include, whatever they want in their contract. However, there are exceptions to this generally lenient rule and the Japanese Civil Code does set forth some cases which require mandatory provisions for Japanese contracts . Certain contracts are subject to special mandatory provisions that are automatically inserted into the contract by law. One example is for contracts governing the lease of land for the purpose of owning a building. The Land Lease and House Lease Act provides that these contracts shall have a […]