Dispute Resolution and Litigation

Dispute Resolution And Litigation

Litigation

Our lawyers are proficient across the board in litigation practice and procedure.  We are experienced in handling cases ranging from matters involving investigations to dispute resolution for various types of disputes, but in particular civil and commercial matters. We provide clients with strategic legal advice to help prevent disputes from happening.  Where disputes do occur, we are committed to helping clients gain dominance and advantage in litigation in order to best protect their commercial interests. We provide a full service in the following fields:

  • Financial product disputes
  • Software development disputes
  • Product liability disputes
  • Disputes over Corporate Control
  • Derivative actions
  • Disputes over responsibilities of corporate executives
  • Labor disputes
  • Disputes related to Bankruptcy Laws
  • Franchise agreement disputes
  • Intellectual property disputes
  • Real estate disputes
  • Debt collection disputes
  • Inheritance disputes

International Arbitration 

Our multicultural and multilingual team in Tokyo has common law, Japanese law and PRC law expertise and is vastly experienced in handling claims before international arbitral tribunals including the JCAA, SIAC, ICC, HKIAC, CIETAC, LCIA, LMAA, GAFTA and FOSFA.  Our services include drafting and advising on arbitration agreements in cross-border deals; conducting institutional & ad hoc arbitration proceedings; as well as securing and enforcing awards throughout the world. Our team is experienced in acting both as counsel on behalf of clients in arbitration as well as participating on international tribunal panels as arbitrators. 

Our legal advice to you on international arbitration goes beyond expertise in the rules and proceedings.  The right business outcome is always our priority.  We advise on complex commercial disputes across industries, where the stakes are often high. Our legal advice covers a wide spectrum of areas, including: international trade & commodities; trade finance; construction and infrastructure; energy and resources; anti-bribery, corruption and compliance; investigations and corporate governance; shipping; sanctions; and insurance and reinsurance. 

As a global law firm consistently ranked in the Global Arbitration Review, King & Wood Mallesons offers international arbitration teams with deep resources and coverage across Japan, Singapore, mainland China, Hong Kong SAR, Australia, Europe and the Middle East.  We work closely with dispute resolution experts from other offices in KWM’s global network to serve our clients wherever issues arise. 

ADR 

We recognise that litigation and arbitration are expensive and destructive of business relationships. We use them where we need to, but will always look for the process, or combination of processes, to resolve disputes as effectively and efficiently as possible. 

We therefore focus our dispute resolution advice on enabling you to develop alternative dispute resolution (ADR) strategies and achieve high-quality non-litigious outcomes where appropriate.  To be effective, we believe that alternative dispute resolution should be about emphasising resolution through constructive, creative and practical advice.  

We advise and represent a wide variety of corporate and financial clients across a broad range of industry sectors and in multiple jurisdictions on ADR options and tactics including: (i) as advocates in negotiation, mediation or conciliation (often involving multiple parties); (ii) advising in and conducting expert determinations; (iii) acting in Early Neutral Evaluations; and (iv) advising on strategy and drafting settlement agreements.

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