Litigation and ADR

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.
March 6, 2017

What is required for an attorney to represent a client in Japan?

In order to have an attorney represent you in Japan, it is necessary to sign a power of attorney.  This power of attorney should authorize the lawyer to act as your representative in the litigation and to take all necessary measures to successfully resolve it.  The expanse of the attorney’s powers should be wide enough that he or she can act freely within the litigation but should not extend beyond the end of the case or grant powers unrelated to legal work.  As this power of attorney needs to be submitted to the court, it should be in Japanese and […]
March 27, 2017

What happens at a scheduling conference in Japan?

Lawsuits can be complicated endeavors and without a good plan the litigation can spin out of control into unrelated topics or endless bickering.  Once those issues have been defined, the court moves on to the actual scheduling of the lawsuit.  This is accomplished at a scheduling conference with participation of the parties and the court.
April 14, 2017

Can a plaintiff withdraw a lawsuit in Japan?

Litigation can be a time consuming process.  Sometimes, during the course of a lawsuit, the situation may change and the plaintiff may have reason to withdraw the lawsuit.  This may be because the parties may have reached an agreement out of court or maybe the plaintiff no longer wants to invest time or money in continuing the litigation.  In circumstances such as these, the plaintiff is entitled to withdraw the litigation at any time before the judgment becomes final.