Legal Alert | Japan is Primed for Increased Foreign Direct Investment
Patent Grace Period Considerations in Australia, Japan, South East Asia and the U.S.
Greater Speed and Efficiency: Steps IP Offices Around the World Are Taking to Streamline the Patent Process
Nota Bene Episode 109: Asia Q1 Check In: China’s Emergence as the Number One World Economy and New Hegemonic Role in Asia with Paul Kim
Nota Bene Episode 69: Asia Check In: The Coronavirus’s Impact on Business, the Trilateral Summit, and Japan’s Criminal Justice System with Paul Kim
Dr. Frederick Ch’en discusses generic drugs and the changing pharmaceutical landscape in Asia
Spencer Klein Talks M&A with Mergers & Acquisitions Magazine
On October 1, 2023, Japan became the twelfth nation to ratify the United Nations Convention on International Settlement Agreements Resulting from Mediation (the “Singapore Convention”). Pursuant to Japanese domestic...more
Since 2017, Japan has been actively working to promote international arbitration. The updates to the Arbitration Act of Japan should help boost the country’s popularity as an arbitration seat....more
The Japan Commercial Arbitration Association (JCAA) has updated its rules relating to expedited procedure and published new Appointing Authority Rules with effect from 1 July 2021. ...more
This is the third King & Spalding Tokyo release on the Covid-19 crisis (click here for our 28 February release and here for our 18 March release). Over this period, Covid-19 has changed the world. Although it was not...more
Title 28 of the United States Code § 1782 (“§ 1782”) has always been a powerful tool in the pursuit of evidence located in the United States for use in foreign proceedings, and it has been well understood for some time that §...more
Despite political and economic uncertainties, markets and deal activity were resilient in 2019, and strong fundamentals remain in place heading into 2020. Companies continue to face a challenging litigation and enforcement...more
As Japan enters the new Reiwa imperial era, it is time to refresh the aged stereotypes of Japanese companies (hereafter referred to as "Japan Inc") and their approach to international arbitration and cross-border...more
The Philippines has become a favoured destination for foreign investors despite global and domestic risks. Foreign direct investment in the Philippines in the last two years was at approximately $10 billion per year, with...more
Global Disputes - JCAA Establishes New "Interactive Arbitration Rules" Effective January 1, 2019, the Japan Commercial Arbitration Association ("JCAA") modified the choices of rules available to the parties to an...more
Disputes in the International Oil & Gas Industry - Best Practices for Effective and Quick Resolution - Disputes in the oil and gas industry take an almost infinite variety of forms. Therefore, when considering best...more
The Japan Commercial Arbitration Association's new rules have some novel features. They include an entirely new set of 'Interactive Arbitration Rules', requiring tribunals to give views on the dispute midway through the...more
Commercial parties, when entering into a contractual relationship, will have to address three key issues when negotiating the dispute resolution (or jurisdiction) clause. First, whether to resolve those disputes by...more
The Supreme Court of Japan recently issued a precedential decision interpreting, for the first time, the arbitrator disclosure requirements of the Japan Arbitration Act (the “Arbitration Act”). The Supreme Court held that...more
Disputes - Supreme Court of Japan Overturns the Osaka High Court's Decision Setting Aside an Arbitral Award - On December 12, 2017, the Supreme Court of Japan (Third Petty Bench) overturned the Osaka High Court's...more
Decision adds new burden on arbitrators and creates ill-defined standard for compliance. Arbitrators conducting proceedings in Japan face new requirement of making “reasonable inquiries” throughout proceedings to identify...more
Suitability of Arbitration Rules for Construction Disputes - Arbitration continues to be the preferred method of dispute resolution for construction disputes. With many large infrastructure projects being financed,...more
Welcome to this 35th edition of Arbitration World, a publication from K&L Gates’ International Arbitration Group that highlights significant developments and issues in international and domestic arbitration for executives and...more
International arbitration in Asia has seen a dramatic surge in popularity in recent times. It has grown up alongside an increase in cross-border investment within and from outside Asia. There are three key reasons for this...more
The IBA Council in Tokyo recently approved a revised version of the International Bar Association’s Guidelines on Conflicts of Interest in International Arbitration (the Guidelines). The new Guidelines entail changes...more