PRECAUTIONS FOR DRAFTING CONTRACTS WITH OVERSEAS COMPANIES
When a necessity arose to enter into a contract with an overseas company, we sometimes come across people who think they should only prepare an English translation of their Japanese contract format for the signing. But in reality, Japanese contracts are usually drafted in accordance with the Japanese laws only, and contracts in another language are in accordance with the laws of their country of origin, so if you translate the Japanese contract directly into the other language, there will be contradictions and conflicts which will turn into risks due to differences in laws and customs, even if there are no mistakes in translation. Therefore, it is recommended that contracts with overseas companies should be formalized only in a specific language version(English in most cases), and translations including Japanese should only be regarded as references. If you need to make both language versions official due to special reasons such as an agreement with the other party, you need to include a condition in the contract that stipulates which language version should be used in the event of a conflict of translation.
Contract drafting takes a lot more than translation that it should be done very carefully with special attention to conditions that would not normally cause issues if both parties are incorporated in Japan, such as "Limitation of Liability", "Indemnity" and "Confidenciality", let alone more conspicuous articles like "Governing Law" and "Court Having Jurisdiction."
When we undertake contract drafting from a customer, we listen to their intentions meticulously, compose each article in perfect accordance, explain all conditions and possible risks of each article, and deliver the final version after the customer understood and satisfied with all conditions.
Examples of contracts that can be drafted by us：
Sales contracts, license contracts, business tie-up contracts, agency contracts, M & A contracts, confidentiality contracts, manufacturing consignment contracts, consulting contracts, settlement/agreement contracts, etc.
WHAT IS LEGAL PROOFREADING?
The legal proofreading is to examine whether the drafted contract is valid from the legal point of view, the content properly reflects the contractor's intentions, and whether there is a risk that the contractor could be disadvantaged later.
In particular, there are many factors on contracts with overseas companies that would inadvertently cause enormous disadvantages later, hence proper legal proofreading conducted by experts by both parties are desirable to make the trade fair and balanced.
By our support, the Gyoseishoshi lawyer who has abundant trade experience and active as a professional translator will perform a legal proofreading of contracts, and have a meeting with you to explain the results in detail. Please use our contract drafting/legal proofreading support to boost your confidence in overseas business.
Japanese contract drafting
JPY 50,000 + Tax
English contract drafting
JPY 70,000 + Tax
Japanese contract legal proofreading
JPY 40,000 + Tax
English contract legal proofreading
JPY 60,000 + Tax
If you have any questions, want to hear more about the service, the first consultation is FREE! Please feel free to contact us using the inquiry form below or by phone.