Litigation and ADR Archives - Page 3 of 11

July 5, 2017

Are most cases settled in Japan?

Many cases in Japan are settled by the parties before the final judgment is delivered. Many judges actually encourage parties to settle their disputes as it is usually easier to enforce an agreement that both parties have negotiated rather than an order granted by a judge.

June 15, 2017

What is the technical adviser’s role in Japanese court?

These days many lawsuits are filed to settle disputes regarding complex technical issues in fields such as medicine, construction or intellectual property. For cases such as these, Japanese law was modified in 2003 to allow the court may arrange for the participation of a technical adviser in the proceedings to explain issues and evidence. The technical adviser can better help the court and the parties understand the complex technical issues involved in the case.

May 24, 2017

What happens if there is a mistake in the complaint?

The complaint is one of the most critical documents filed in litigation. It is the first filing made by the plaintiff and contains the plaintiff’s goals, reasoning and supporting evidence. It is also the first document received by the defendant to inform him or her about the litigation. Therefore, a mistake in the complaint can have drastic consequences.

May 4, 2017

What goes into a response brief in Japanese litigation?

The response brief is the first document that a defendant files after being sued. Similar to the plaintiff’s complaint, the answer is the defendant’s first chance to present his or her argument.