Yokohama Partner Law Office
There are a plenty of companies which need legal assistance in Japan.
However, attorneys in Japan generally have no experiences to offer
legal services for them.
Large law firms in Tokyo do, but their legal fees are quite expensive.
We are pleased to offer speedy and accurate legal services
with reasonable fees.
Japan Law Alacarte
1. Importance of Precedence
Japan imported its legal system from civil law countries, such as Germany and France.
Japan did not adopt common law system where precedencr plays a very important role.
This may be a reason some times a foreign company doing business in Japan misunderstands the importance of precedence.
There are many examples that even if a Japanese code grants a right to a company to do any action, such right is actually restricted by the precedence by courts desicion.
Besides, there are many rules by a ministry which in fact change the contents of the code.
Without the knowledge of precedents by courts and administrative power, it may be very risky doing business in Japan.
2. No Punitive Damage in Japan
I experienced cases where some US company misunderstood this point.
For example, when a Japanese company infringes the Intellectual Property Right of a US company in bad fiath, if it occurs in the US, the US company may expect the treble damages, and may be eager to file a lawsuit.
However if it occurs in Japan, if the actual dameges is not so high, it may be prudent to solve the dispute by a settlement.
It is important for a Japanese attorney to provide a foreing company with enough explanation at this point.
3. Contract in Japan
By and large, any contract Japan is very simple, especially comparing to the US contract.
A typical Japanese contract consists in the two parts.
One is basic terms and conditions, the other is a sentence of provision which describes "When disputes happen, each party negotiate and solve it in good faith".
Still, many Japanese company dislike long contracts.
This is why an attorney working ro a foreign company have a difficult time to negotiate the conditions of the contracts with Japanese company.
About the Attorney
About the Law Office
About Japan Laws
Yokohama Partner Law Office
Jiro Oyama
Attorney at Law (Japan and New York)
Daiwa Jisho Building 7F, 711
74-1 Yamashita-Cho, Naka-Ku
Yokohama-City 231-0023
TELF045-680-0572@FAXF045-680-0573
Email: oyama@ypartner.com
Yokohama Partner Law Office