Litigation and ADR Archives - Page 9 of 11

February 24, 2016

Should arbitration agreements be put in a written contract?

According to the Arbitration Act, arbitration agreements should be put in writing. However, this does not necessarily mean a separate written agreement different from a business contract is necessary. Many arbitration agreements are contained within another contract as an arbitration clause.

February 24, 2016

What typically happens during the course of a trial?

Vigorously defending a client’s interests at trial is what many people consider to be the defining feature of a lawyer’s job, and the ability to fight for a client in court is what separates Bengoshi from the variety of other legal professions in Japan.

February 24, 2016

Do expert witnesses need to be certified as experts before they can testify?

Expert witnesses play a critical role in helping to inform and mold judges’ opinions regarding the more technical issues in a lawsuit. Since judges often have to deal with technical issues beyond their realm of experience, an expert witness’s testimony can be especially influential.

February 24, 2016

Does Japan have strict hearsay rules?

The skillful examination and cross-examination of witnesses is an important part of any successful lawsuit but equally important is the presentation of documentary and physical evidence. Notes, photos and other pieces of evidence can have a powerful impact on the judge’s view of the case when presented at the right time and in the right way.