Strategic support for resolving business disputes and commercial litigation
Companies may encounter a wide range of disputes in the course of doing business with other companies, particularly in relation to payments and contractual performance.
Common examples include:
・ unpaid accounts receivable
・ demands for reductions in agreed contract prices
・ refusal to pay on the basis of alleged defects in products or services
・ unilateral termination of development or service projects, followed by refusal to pay for work already performed
Conversely, a company may itself face claims for damages where delays in delivery or performance affect the other party’s business.
MAXWIN Law Office has handled cases in which software was delivered but payment was refused on the basis of alleged defects, as well as matters in which clients were required to pay despite identifying problems with goods that had been delivered.
When handling commercial disputes between companies, we generally begin by negotiating with the counterparty on behalf of the client.
If negotiations do not lead to a satisfactory resolution, we consider litigation or other formal legal procedures where appropriate.
To build a strong position for our clients, we do more than rely on the wording of the contract.
We carefully review relevant contractual provisions, research applicable laws, collect and analyze key evidence, and investigate industry practices and business circumstances in order to strengthen the legal and factual basis of the client’s position.
Partner attorney Noriaki Masumura gained practical experience handling business disputes while working in the legal department of a major listed company.
His work included researching issues such as what claims could be made when goods were damaged under transportation agreements and addressing disputes from the perspective of the company itself.
This experience helped develop an approach centered on detailed research into case law and industry practice, combined with strategic legal arguments and evidence.
For international disputes, we also draw on our experience with China-related legal matters and, where appropriate, form teams involving qualified professionals in Japan, China, and the United States.
We handle cross-border litigation and international arbitration with the aim of protecting our clients’ interests across different languages, legal systems, and jurisdictions.