Sanno Park Tower 12F (Reception) and 14F,
11-1, Nagatacho 2-chome, Chiyoda-ku,
Tokyo 100-6114, Japan

Tokyo Metro Ginza Line: G06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Nanboku Line: N06 Tameike-sanno Station, Exit 7 (directly accessible through the second basement)

Tokyo Metro Chiyoda Line: C07 Kokkai-gijido-mae Station, Exit 5 (3 minutes’ walk)

Tokyo Metro Marunouchi Line: M14 Kokkai-gijido-mae Station, Exit 5 (10 minutes’ walk through Chiyoda Line platform)

Partners

Osamu Inoue

Osamu Inoue

TEL +81-3-5511-3240 / FAX +81-3-5511-3258

Languages
Japanese、English
Bar Association
Japan (1991), New York (1998)

Background

1986
Hokkaido University (LL.B.)
1991
Admitted in Japan (Dai-ni Tokyo Bar Association)
Ushijima & Partners
1998
New York University School of Law (M.C.J.)
Admitted in New York
1998
LeBoeuf, Lamb, Greene & MacRae LLP (-1999)
2000
New York University School of Law (LL.M.)
Resumed practice at Ushijima & Partners
2001
Partner, Ushijima & Partners
2004
Part-time lecturer (in charge of international dispute resolution) at Keio University Law School

Awards

A “leading individual” in the Dispute Resolution practice area and the Real Estate and Construction practice area, and recommended in the Corporate and M&A practice area in The Legal 500 Asia Pacific 2022 (January 2022)
Selected in the Corporate and Mergers and Acquisitions Law practice area in The Best LawyersTM in Japan 2022 (April 2021)
A “leading individual” in the Dispute Resolution practice area and the Real Estate and Construction practice area in The Legal 500 Asia Pacific 2021 (January 2021)
A “leading individual” in the Dispute Resolution practice area in The Legal 500 Asia Pacific 2020 (January 2020)
Worked on significant matters listed in the Dispute Resolution practice area in The Legal 500 Asia Pacific 2019 (January 2019)
Introduced as “regularly advising international clients on inbound acquisitions” in the Corporate and M&A practice area, as “regularly handling construction disputes” in the Dispute Resolution practice area, as “focusing on contentious matters” in the Real Estate and Construction practice area in The Legal 500 Asia Pacific 2018 (November 2017)
Introduced as “concentrating on litigation” in the Real Estate practice area, as “recommended” by clients in the Corporate and M&A practice area and as the joint-head of the practice in the Dispute Resolution practice area, in The Legal 500 Asia Pacific 2017 (November 2016)
Recommended individual in the Real Estate practice area in The Legal 500 Asia Pacific 2015 (November 2014)
Recommended individual in the Real Estate practice area in The Legal 500 Asia Pacific 2014 (November 2013)
Recommended individual in the Real Estate practice area in The Legal 500 Asia Pacific 2013 (November 2012)

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Major Practice Areas

Litigation Relating to Real Estate

Case of claiming damages concerning soil contamination and underground obstacles (specified hazardous substances, dioxins, oils, industrial waste, etc.) found at redevelopment sites
Case of claiming damages concerning construction defects of large scale building
Case of claiming damages concerning soil contamination and underground obstacles found in the development of condominiums and detached houses
Case of claiming damages concerning construction defects in the development of condominiums and detached houses

Real Estate Transactions

Contract Negotiation concerning real estate sales, leases and construction work under contract for manufacturers, dealers and distributors
Contract Negotiation concerning sale and purchase of old factory sites

Litigation Relating to System/Software Development

Litigation pertaining to the discontinuation of development of systems for financial institutions, distributors and service business operators (acting on behalf of vendors as well as users)

International Litigation/Arbitration

Litigation and arbitration concerning termination of international agency agreement of Japanese manufacturers
Litigation and conciliation of Japanese real estate developers in the U.S. and in Japan
Litigation concerning international sales agreement of foreign distribution companies
International arbitration concerning international cartel cases
Advice on securities litigation in the U.S. from the Japanese law perspective

International Inheritance

Support inheritance procedures in the U.S. from the Japanese law perspective
Advice on inheritance procedures in Japan

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Publications

“Legal Affairs in Real Estate Redevelopment – Prevention of Disputes Regarding Urban Redevelopment / Condominium Rebuilding / Development of Former Factory Site” (SHOJIHOMU Co., Ltd., August 7, 2019)

“Practical Operations for Real Estate and Construction Businesses under the Amended Civil Code – Real Estate Trading/Real Estate Leases/Contract Work/Entrustment of Design and Supervision” (SEIBUNSHA Co., Ltd., May 2019)

“Legal Affairs in Real Estate Redevelopment – Prevention of Disputes Regarding Urban Redevelopment / Condominium Rebuilding / Development of Former Factory Site” (SHOJIHOMU Co., Ltd., December 2016)

Articles, etc.

“Litigation 2022 – Trends and Developments” (Chambers and Partners, December 2, 2021)

“Impact on International Inheritance by Amendment of the Law of Succession for the First Time in 40 Years (Regarding Will, Legally Reserved Portion, Contribution of a Person Rather Than Heirs, and Effective Date)” (“BUSINESS LAWYERS,” December 10, 2019)

“Impact on International Inheritance by the Amendment of the Law of Succession for the First Time in 40 Years (Regarding Measures to Protect Spouse’s Right of Residence, Review Concerning Division of Inherited Property, Etc.)” (“BUSINESS LAWYERS,” September 13, 2019)

“Matters to Note Regarding Governing Law When a Foreign National Client Inherits Estate” (“BUSINESS LAWYERS,” May 13, 2019)

“General Matters to Note When a Foreign National Client Inherits Estate” (“BUSINESS LAWYERS,” January 29, 2019)

“[Series] Civil Code Reform (Amendment to the Law of Obligations) and Its Influence on Real Property Transactions — Part 11: An Overview and Points to Note of the Amendment Related to Lease Agreements (5) — Obligation to Restore the Subject to Its Original Condition and Removal Obligation” (“BUSINESS LAWYERS,” December 26, 2018)

“[Series] Civil Code Reform (Amendment to the Law of Obligations) and Its Influence on Real Property Transactions — Part Ten: An Overview and Points to Note on the Amendment Related to Lease Agreements (4) — Obligation/Right of Repair, Rent Reduction, etc.” (“BUSINESS LAWYERS,” December 19, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Nine: An Overview and Points to Note of the Amendment Related to Lease Agreements (3) — Transfer of Status as a Lessor, Transfer of a Security Deposit, etc.” (“BUSINESS LAWYERS,” August 1, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Eight: An Overview and Points to Note of the Amendment Related to Lease Agreements (2) — security deposit/security money, sublease/minpaku, etc.” (“BUSINESS LAWYERS,” July 5, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Seven: An Overview and Points to Note of the Amendment Related to Lease Agreements (1)” (“BUSINESS LAWYERS,” June 4, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Six: Points to Note in Construction Contract (ukeoi) Agreements No. 2 – Right to Claim Fees” (“BUSINESS LAWYERS,” April 20, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Five: Points to Note in Construction Contract (ukeoi) Agreements No. 1” (“BUSINESS LAWYERS,” February 16, 2018)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Four: The Outline of the Amendment Related to Construction Contract (ukeoi) Agreements” (“BUSINESS LAWYERS,” January 16, 2018)

“A Guide for Practical Operations regarding Real Property Transaction Agreements Based on Civil Code Reform (Amendment to Law of Obligations) — with a sample of purchase and sale agreement reflecting the reform —” (“BUSINESS LAWYERS,” September 14, 2017)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Three: Points to note in real property purchase and sale agreements (liability for representations and warranties)” (“BUSINESS LAWYERS,” August 10, 2017)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part Two: The Points to note in real property purchase and sale agreement (liability for non-conformity with the agreement)” (“BUSINESS LAWYERS,” July 31, 2017)

“[Series] Civil Code Reform (Amendment to Law of Obligations) and Its Influence on Real Property Transactions — Part One: The Points of Civil Code Reform related to Purchase and Sale Agreement” (“BUSINESS LAWYERS,” June 16, 2017)

“Pursuing Liability of the Seller of the Land Contaminated with Asbestos” (“BUSINESS LAWYERS,” April 2017)

“Legal Regulations on Asbestos Discovered in Estates” (“BUSINESS LAWYERS,” April 2017)

“Responses required to be made when PCB (polychlorinated biphenyl) waste exists in property” (“BUSINESS LAWYERS,” March 2017)

“Is there any case where the validity of special agreements on the limitation on warranty against defects regarding soil contamination, etc. would be denied?” (“BUSINESS LAWYERS,” June 2016)

“In what cases would investigation of soil contamination be required?” (“BUSINESS LAWYERS,” April 2016)

“Is the seller of the land responsible for underground obstacles which have no problem in building construction?” (“BUSINESS LAWYERS,” April 2016)

“The Latest Preventive Legal Measures Against Soil Contamination and Underground Obstacles in Land Transactions” (August 2014 issue of “Business Law Journal” magazine)

“Cost analysis for risk judgment II. The breach of environmental restrictions, etc.” (October 2013 issue of “Business Law Journal” magazine)

“Overview of Recent Trends of the Supreme Court’s views with Respect to Business Disputes; Are Litigation and Arbitration Truly Useful as Dispute Resolution Measures?” (January 2013 issue of the monthly magazine “The Lawyers” (ILS Publications Inc.))

“What kinds of disputes are suitable for arbitration? How to take full advantage of flexible judgment, high maneuverability, high specialty and high confidentiality” (September 2012 issue of the monthly magazine “The Lawyers” (ILS Publications, Inc.))

“Possible risks that companies will be exposed to lawsuits in the future: Growing trend to protect consumers and the future of the class action system” (January 2012 issue of the monthly magazine “The Lawyers” (ILS Publications, Inc.))

“Collection of Documents and Evidence to Obtain Appropriate Damages” (December 2011 issue of “Business Law” magazine (Chuo Keizai-sha, Inc.))

“Criteria Shown by the Supreme Court for Judging that ‘Renewal Fee Clause’ Is Valid” (November 2011 issue of “Business Law” magazine (CHUOKEIZAI-SHA, INC.))

“Reversal in land seller’s favor! Supreme Court judgment on land contamination” (“30 Latest Business Precedents” in the November 2010 issue of “Business Homu” magazine of Chuo Keizai-sha, Inc., October 5, 2010)

“To What Extent Can Soil Contamination Risk Be Covered by Agreement?” (“Business Law Journal” magazine, October 21, 2009)

“Representation and Warranty Clause Focusing on Soil Contamination Risk” (“Business Law Journal” magazine, August 21, 2009)

“Bill to Amend the Soil Contamination Countermeasures Act” (“Business Law Journal” magazine, April 21, 2009)

“Legal Points to Note Concerning Acquisition of Investment Corporation (J-REIT) after Enforcement of the Financial Instruments and Exchange Act, the Act on Investment Trust and Investment Corporations as Amended, Etc., First Volume” (November 2007 issue of RMJ (Real Estate Management Journal))

“Due Diligence under Environmental Laws in M&A Practices” (2005)

“Japanese Business Law” (Kluwer Law International) (under joint authorship)

“Key Points in Appointing Outside Directors Viewed from Judicial Precedents as well as Guidelines and Criteria” (under joint authorship; September 20, 2005 issue of “KEIRIJOUHOU” magazine, CHUOKEIZAI-SHA, INC.)

“What Are Points to Note in Due Diligence under Environmental Laws?” (April 2005 issue of “Business Law” magazine (CHUOKEIZAI-SHA, INC.))

The Due Process Defense to Recognition and Enforcement of Foreign Arbitral Awards in United States Federal Courts: A Proposal for a Standard

(The American Review of International Arbitration 2000/ Vol. 11 Nos. 1-2)

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Lectures Given

<Lecture>

“Avoiding Legal Risks in Land Transactions Observed from Litigation Cases” (Special Wards Training Institute (Tokubetsuku Shokuin Kenshujo), November 13, 2020)

“Essential Points of Legal Work Related to Real Estate Transactions Involving Soil Contamination/Underground Obstacles” (Japan Knowledge Center, November 9, 2020)

“Amended Civil Code (Law of Obligations) and Essential Points of Legal Work Related to Real Estate Transactions Involving Soil Contamination/Underground Obstacles” (Japan Knowledge Center, September 18, 2019)

“Influence of the Amended Civil Code (Law of Obligations) on Real Property Transactions” (Seminar Info Co., Ltd., April 16, 2019)

“Influence of the Reform of the Civil Code (Law of Obligations) on Real Property Transactions” (Japan Knowledge Center, March 12, 2019)

“Prevention of Soil Contamination Issues Based on Cases Related to Soil Contamination” (The Land-Eco third party soil evaluation committee run by the NPO E-Being, September 27, 2018)

“Influence of the Reform of the Civil Code (Law of Obligations) on Real Property Transactions” (Japan Knowledge Center, May 11, 2018)

“Judicial Precedents Regarding Soil Contamination, etc. and Points to Note Thereof that Persons in Charge Should Be Familiar with” (Japan Knowledge Center, March 6, 2018)

“Points of Legal Work Related to Real Estate Transactions Involving Soil Contamination/Underground Obstacles for Purchasers” (Japan Knowledge Center, October 25, 2017)

“Influence of the reform of the Civil Code (law of obligations) on real property transactions and points to note in practical operations” (SMBC Consulting Co., Ltd., October 13, 2017)

“Prevention of dispute relating to urban redevelopment, reconstruction of condominiums and development of old factory sites” (LexisNexis Japan Co., Ltd., July 21, 2017)

“An Analysis of Legal Risks Concerning Redevelopment of Real Property” (Seminar Info Co., Ltd., June 23, 2017)

“Legal Risks in Real Estate Redevelopment” (Financial Management Forums, Inc. (Kinyu Zaimu Kenkyukai), May 23, 2017)

“Points by which foreign company get bewildered in executing office lease agreements in Japan” (Nihon Knowledge Center, April 25, 2017)

“Preventive legal measures in transactions of real estate with soil contamination and underground obstacles” (Financial Management Forums, Inc. (Kinyu Zaimu Kenkyukai), October 27, 2016)

“Legal practice of real estate transactions with soil contamination and underground obstacles” (The Japan Industrial Management & Accounting Institute (Sangyo Keiri Kyokai), July 13, 2016)

“Legal practices regarding real estate transactions involving soil contamination in the sale and purchase of old factory sites” (Japan Knowledge Center, September 25, 2015)

“Preventive legal measures against transactions of soil-contaminated real estate and real estate over buried objects” (Financial Management Forums, Inc. (Kinyu Zaimu Kenkyukai), January 30, 2015; April 24, 2015; August 21, 2015; January 29, 2016)

“Points in executing a real estate lease agreement in English with a foreign tenant – Commentary on provisions that would be points practically (with sample agreement in English)” (Japan Knowledge Center, December 5, 2014; August 27, 2015)

“Today’s dispute of soil contamination – latest status and preventive legal measures” (E-Being, etc., October 24, 2014)

“Preventive legal measures for transactions of soil-contaminated real estate” (Japan Knowledge Center, September 10, 2014)

“Preventive legal measures against transactions of soil-contaminated real estate and real estate over buried objects” (Corporate Management Forums, Inc. (Keiei Chousa Kenkyukai), June 4, 2014)

“Updated Status of Transactions of Soil-Contaminated Real Estate and Real Estate over Buried Objects and Preventive Legal Measures – from the Standpoint of Seller and Purchaser, Respectively” (LexisNexis Japan, April 15, 2014)

“Preventive Legal Measures in Soil Contaminated Real Estate Transactions – Update Status of Soil Contamination and Underground Obstacles and Preventive Legal Measures Based thereon” (Japan Knowledge Center, July 12, 2013)

“Recent Trend and Practical Measures in Respect of Transactions of Land Containing Soil Contamination” (FACSIMILE NEWS, February 17, 2010)

Lecture about the legal risks and practical business of entering into a sales agreement and other transactions of real estate containing soil contamination (Japan Knowledge Center, August 28, 2009)

“Real Estate Transactions and Soil Contamination Lawsuits Focused on Tokyo High Court’s Judgment Admitting Liability of Seller of Land Containing Harmful Substance which Is Recognized as Harmful after Execution of Agreement” (Financial Management Forums, Inc., July 9, 2009)

“Noteworthy legal issues concerning the takeover of J-REITs” (Financial Facsimile News, January 28, 2009)

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