FAQ

February 10, 2017

What happens during an appeal in Japan?

Trial courts in Japan normally have one judge but appeals are heard by a panel of three judges.  These three judges reach their judgment on a majority vote.  Therefore, it is possible to still have a victorious result on appeal even though one judge does not agree with your position.
January 23, 2017

What goes into a legal complaint in Japan?

The filing of a legal complaint is what starts a lawsuit in Japan.  The complaint should clearly list the parties involved as well as the object and statement of the claim.  The complaint describe the petitioner’s goals and evidence so, by reading the complaint, the respondent should have a full understanding of the petitioner’s case.
December 27, 2016

What if one party does not appear at the arbitration?

If a party to the arbitration does not appear then the arbitrators will need to make their decision based upon the evidence available to them.  One party failing to appear will not ordinarily suspend or cancel an arbitration.  Therefore, it is important for both parties to make an appearance so the arbitrators can make a fully informed decision.
December 7, 2016

How are the rules for an arbitration set in Japan?

Japan’s Arbitration Act contains some mandatory rules for how arbitrations in Japan should proceed.  However, many of the more specific rules are set by arbitration organizations such as the Japan Commercial Arbitration Association.  Designating one of these associations in an arbitration agreement or arbitration clause will specify that organization’s rules as the governing rules of the arbitration.