GLOBAL PRACTICE

We advise on an extremely wide range of cross-border transactions, including M&A and other corporate transactions (e.g., acquisitions and equity investments in overseas companies, sales of overseas subsidiaries, incorporation and development of overseas business and establishment of joint ventures), financial transactions (e.g., overseas power generation, aircraft and ship leasing, real estate finance, formation of investment funds), IT-related transactions(in which cross-border transactions have recently been increasing in number, particularly in new businesses), regulatory matters (e.g., regulation of foreign investment, e-commerce regulation, consumer protection, competition law, financial regulation, environmental law), and matters related to employment law and IP law.

Our international disputes resolution practice includes litigation in foreign courts, settlement negotiations in foreign countries, and international arbitration. In arbitration and settlement negotiations, we sometimes collaborate with a foreign law firm and sometimes handle the matter alone. For proceedings in foreign courts, we always collaborate with foreign law firms, and in such cases our role is coordination, management and supervision. In particular, we handle some complex cases in which there is litigation at the same time in Japan and a foreign country, and we coordinate with the foreign law firm to ensure that arguments and evidence are not contradictory. There are as well often situations of potential disputes, i.e. differences of interpretation concerning contracts, including their renewal, amendment and termination. In such cases, we advise on contractual interpretation and negotiation. We are particularly strong in disputes involving ASEAN countries and Asia generally, in which we leverage the experience of our lawyers who have worked for the Singapore International Arbitration Centre and our collaborative relationships with local law firms. For the resolution of international disputes without delays, we have the necessary experience and know-how.

Our international work includes large M&A deals which require filings with foreign government agencies, investigations of international cartels, and information leaks across multiple countries that require notifications to foreign authorities. In recent years, there has been an increase in the number of investigations of corruption and misconduct in the foreign subsidiaries of Japanese companies (Crisis Management). In employee misconduct cases, if assets related to white collar crime are concealed in many jurisdictions, it is necessary to collaborate with local police in each country and take procedures for litigation and provisional remedies in each country.

In international legal work, speedy and accurate translations are of the utmost importance for contracts, litigation materials and other legal documents in order to allow our clients to make appropriate decisions quickly and to protect their interests. Our firm has a professional translation team which collaborates with both Japanese and foreign lawyers to ensure quick and accurate translation from both linguistic and legal standpoints.

We generally handle cross-border insolvency in two types of situations: (1) when the bankrupt resides outside Japan but owns property in Japan, we advise clients on preserving and enforcing judgments against the property, and (2) when the bankrupt resides in Japan but owns property outside Japan, we collaborate with foreign law firms to preserve and enforce judgments against the property. Cross-border family cases are cases involving a citizen or resident of a foreign country, in which there may be procedures with government agencies or courts in other countries.

Iwata Godo has extensive experience in advising foreign companies on investment in Japan, incorporation, M&A, foreign exchange law-related business, business licenses and regulatory approvals and filings, including antitrust, real estate and employment law matters.