Litigation and ADR

November 6, 2017

How can parties reduce claims of bias during international arbitration?

Arbitrations are designed to be a fair and unbiased method to settle disputes without resulting to the judicial system.  However, for some parties, the location of the arbitration still presents a potential for bias.  In cases where the parties wish to ensure that the arbitration is as fair as possible, holding the arbitration in a neutral 3rd country may help ease the worry that the arbitrator might be biased.
October 6, 2017

Can you withdraw a lawsuit in Japan?

A party that brings a lawsuit in Japan always has the opportunity to withdraw their claim before the defendant answers.  However, once the defendant has answered the claim, the lawsuit cannot be withdrawn without the defendant’s permission.
September 19, 2017

Can witnesses appear by video conference in Japan?

While trials in Japan normally take place as close as possible to the location of witnesses and evidence, sometimes witnesses from far away locations must be consulted on some aspect of the trial.  However, having these witnesses come to the court from a faraway location is not always possible.  Therefore, in order to facilitate the appearance of witnesses from remote areas, Japanese courts sometimes allow for the examination of witnesses by video conference.
August 24, 2017

What is the difference between arbitration and mediation?

As alternatives to litigation, mediation and arbitration both share some similarities, but it is important to know the differences between the two before choosing which method is right for your situation.  In general, mediation can only end with an agreement between the parties, while arbitration can end with a decision by an arbitrator.