Negotiating Relationships between Japan and Spain

In recent years, Japanese culture has become increasingly popular worldwide. In Spain, for instance, travel to Japan has increased as has interest in Japanese cuisine and culture.  On the other hand, Japan has become increasingly interested in Spain, ‘the country of sun and passion’, a country of top athletes and delicious food.

 

Japanese and Spanish companies are rapidly acknowledging this mutual interest by expanding business opportunities in each other’s markets. Doing so, however, requires a deep understanding of the laws and tax structures of each country, as well as understanding the different business practices and styles of communication.

 

KIKUCHI & PARTNERS offers carefully crafted legal services for each client, complimented by a deep understanding of both Japanese and Spanish cultures. Our expertise is based on a long experience working in both countries, and on our collaboration with various specialists, including respected Spanish attorneys.

Since 2012, KIKUCHI & PARTNERS has been providing various legal services to Spanish companies on matters such as the following: 
 

  • Advising Spanish clients about their negotiations regarding terms and conditions of contracts between the clients and the Japanese and assisting Spanish clients to better understand the Japanese interests.
  • Dealing with the problems arising out of transactions between the clients and the Japanese parties (i.e, conflicts over scope of work, uncollected charges of the price of the product sold to Japanese parties, etc.) and advising on how to promote discussions between the parties for dispute resolutions.
  • Consulting and advising on internal labor issues (disputes over working conditions, absence from work, dismissals, etc.).
  • Reviewing and drafting contracts (contracts for sales and purchases of real estate and goods, lease agreements, service agreements, construction contracts, labor contracts, etc.) or other legal documents (legal opinions, notices, response letters, etc.).
  • Representing Spanish clients in negotiations, mitigations, and litigations.

Carefully crafted services based on an understanding of
Japanese and Spanish cultures

While providing the aforementioned legal services, we witnessed a number of cases where miscommunication caused by cultural differences (language barriers, misunderstandings or lack of understanding of the position of the parties, differences in the way of dealing with problems, etc.) complicated the issues. Based on such experience, we believe it is essential to remove communication barriers as much as possible in order to promote honest and smooth negotiations, and to reach an amicable settlement between the parties.

 

KIKUCHI & PARTNERS provides carefully crafted support and services for each client, taking into account the differences in cultures and the differences in the way of thinking about various issues, making every endeavor to fully understand the position of both sides.

Consultations on issues relating to overseas business

We also accept requests for legal consultations from the following clients, utilizing our network with Spanish law firms and Spanish attorneys:

  • Japanese companies and individuals having legal issues with their business in Spain
  • Spanish companies and individuals having legal issues with their business in Japan

 

Overseas businesses can have (1) difficulties in negotiation on terms and conditions of a transaction (delete commas) (2) issues related to transactions including defaults (3) internal labor issues and tax issues, etc., all of which might become more complicated and difficult to resolve compared to domestic transactions.

 

In collaboration with Spanish attorneys as well as tax attorneys, administrative scriveners, real estate agents, and other professionals, KIKUCHI & PARTNERS has established a system for dealing with these issues in order to provide full support and relief to clients while assisting them on each occasion with care. Please feel free to contact us.

Consultations on overseas business expansion

We are also available for consultations and legal services for the following companies and individuals:

  • Japanese companies and individuals considering expansion of their business to Spain
  • Spanish companies and individuals considering expansion of their business to Japan

 

When you consider entering an overseas market, it is necessary to deal with various matters such as (1) searching for real estate for the office (2) signing a contract for sale or lease of real estate (3) obtaining visas for the people working overseas (4) tax issues (5) employment agreements and other labor issues, etc.

 

Therefore, in order to develop a business overseas, appropriate advice and support by specialists who are well versed in legal and tax affairs is indispensable in the early stages.

 

KIKUCHI & PARTNERS deals with, not only the various problems that arise in the business operation, but also handles issues that clients have during their preparatory stages with the expansion of their business. We provide step-by-step assistance to clients by collaborating with other specialists so that clients are able to start their overseas business with confidence.

Costs

  1. Legal Consultation Fee
    • The initial legal consultation fee shall be calculated at ¥10,000 per 30 minutes.
    • If it is necessary to have legal consultations more than once on the same matter, the consultation fee shall be charged by the hour for the second consultation and thereafter.
    • Hourly charges will differ according to the attorney in charge. We will explain it to the clients at the time of completion of the initial legal consultation.
    •  

  2. Consultant
  3. As a general rule, the fee shall be 50,000 yen or more (not including consumption tax) on a monthly basis by mutual consultation.

     

  4. Civil cases
  5. Fees for civil cases shall be decided by (1) Startup fee & Contingency fee system, (2) Flat rate charge system, and (3) Time-charge system depending on the case.

    1. Startup fee & Contingent fee system
    2. Decisions shall be made by mutual consultation on the basis of: Startup fee: 5 – 8% of the disputed amount. Contingency fee: 10 – 16% of monetary amounts acquired/defended. In the case of lawsuits, they shall be determined on a tier-by-tier basis. In addition, when the case is extremely difficult, or if the volume of paperwork is expected to be extremely large, etc., monetary amounts may increase depending on the particulars of each case.

    3. Flat rate charge system
    4. If a flat rate charge system is adopted for matters with a certain scope, such as examinations, preparing legal documents, etc., a fixed amount of charge system might be used. Decisions shall be made by mutual agreement on the basis of the amount and the degree of difficulty of the work.

    5. Time-charge system
    6. If a time-charge system is adopted, the charge shall be determined by mutual agreement. (Time charges will differ according to the particular attorney.)

       

  6. Per-diem allowance
  7. According to the total number of hours spent on an out-of-the-office workload, a calculation shall be made based on an hourly rate per attorney of 10,000 yen (not including consumption tax).

     

  8. Actual expenses
  9. As for expenses required for paperwork, actual expenses shall be charged with a breakdown shown.

Legal Consultation

  1. We accept requests for legal consultation on any legal issue.
    We recommend that clients consult us as early as possible before problems get complicated. Even if it is not clear whether you should consult attorneys or not or if it is not clear whether the matter is a legal issue or not, please feel free to contact us.
  2. Requests shall be made only by telephone or by filling out the form below.

About KIKUCHHI & PARTNERS

We provide various clients with legal services tailored to each client’s specific case as an integrated team of attorneys with diverse backgrounds, including attorneys with professional experience as a judge and prosecutor, and New York State Bar Association qualification, etc., led by a Representative Partner with over 40 years of attorney experience, all supported by a highly experienced administrative staff.

 

Tokyo Office

33rd Floor, Kasumigaseki Building, 3-2-5, Kasumigaseki,
Chiyoda-ku, Tokyo 100-6033 JAPAN

 

Madrid Office

Calle Serrano 41, 7th Floor
28001 Marid, SPAIN

 

Please visit our website https://www.en.160kslo.jp/ for more information.

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