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Baker McKenzie (Gaikokuho Joint Enterprise) handles cross-border insolvency proceedings and acts for local and international creditors, sponsors and lenders against failed corporations. For example, the team is representing a number of Japanese creditors in relation to the corporate reorganisation and subsequent bankruptcy proceedings of Hanjin Shipping. Crédit Agricole and the Japan Association of Turnaround Professionals (for which the practice acts as intermediary) are other clients. Practice head Yoshiaki Muto is an expert in domestic and international bankruptcy litigation.

White & Case LLP – White & Case Law Offices (Registered Association)’s restructuring and insolvency team assists creditors, debtors and other market participants with distressed business enterprise transactions and represents insolvency appointment takers from the major accountancy firms and boutiques. The team advised CIT Aerospace on its aircraft leased to Skymark Airlines and the arrangements put in place following Skymark’s corporate restructuring in Japan. Simon Collins is recommended.

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Legal Developments in Japan

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  • Taking control of a Japanese publicly listed company:

    Introductory notes for successfully completing an M&A
  • Yuasa and Hara Business Law News

    Contents of the Issue Law on liability for breach of contract Review on the amendment to the cabinet office order on Corporate Disclosure

    The Minister for Justice, Alan Shatter (“the Minister”), has published the Criminal Justice Bill 2011 (“the Bill”). The main purpose of the Bill is stated to be “…to amend the criminal law to improve certain procedural matters and strengthen Garda investigative powers. The intention is that such improvements will assist in reducing the delays associated with the investigation and prosecution of complex crime, in particular white collar crime.”
  • Japan: New legislative framework for Sukuk

    The new framework passed in May 2011 will provide a solid legal platform for issuing Sukuk Ijarah under Japanese law. NAOKI ISHIKAWA highlights key legal structures and tax treatment in respect of the anticipated Sukuk issuances in Japan.
  • Yakult Bottle Acquired Distinctiveness

    Do you know about Yakult's delicious lactic acid drink which is contained in a small bottle? Yakult's lactic acid drink (hereafter referred to as "Yakult drink") is the most famous lactic acid drink in Japan and today is also being sold in many countries around the world. When you are enjoying Yakult drink, please keep in mind the case mentioned below.
  • Tax: Japan: International Joint Ventures

    Tax on international joint ventures. Country Q&A (Japan).
  • Japan: Recent Developments in Practice and Law

    The successful closing of two Islamic fi nance transactions which was announced in July 2010 by Nomura Holdings have paved a concrete path for Japanese corporations to consider overseas Islamic fi nance markets for their fund raising activities. The fi rst transaction was in Asia for the issuance of Sukuk Ijarah and the second was in the Middle East for the establishment of a Commodity Murabahah facility (Nomura Deals).
  • Renewable energy takes off in Japan

    Like many other countries, Japan has decided to reform its renewable energy (RE) policy, to dramatically increase the use of renewable energy. The core policy mechanism is a feed-in tariff (FIT). This chapter summarises the contemplated Japanese FIT and its practical impact on existing and future investment in this sector, providing an overview of:
  • Licensing - 2010

    Q & A on Licensing in Japan 
  • Law on the Civil Jurisdiction of Japanese Courts over Foreign Countries, etc.

    The Law has been enacted to clarify the scope of application of the civil jurisdiction of Japanese courts over foreign countries, etc., and set exceptions to civil preocedings involving foreign countries, etc., based on the United Nations Convention on the Jurisdictional Immunities of States and their property (UN Convention on Immunities) (see Article 1). 

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