In any legal contest, the question of who needs to prove what is fundamental. The "burden of proof" (shōmei sekinin – 証明責任) is a critical concept in Japanese civil litigation, as it determines which party bears the risk of not persuading the court on a particular factual issue. If

When legal disputes escalate to court proceedings in Japan, one of the initial practical questions for any party, particularly a foreign company, is whether legal representation by a qualified professional is mandatory or merely advisable. Japan's system, while allowing for self-representation, operates under a general "Principle of

The formal act of notifying a defendant that a lawsuit has been filed against them—commonly known as service of process—is a fundamental cornerstone of due process in virtually every developed legal system. In Japan, this procedure, termed sōtatsu (送達), is no mere formality; it is a critical step

For businesses, pursuing smaller monetary claims through standard litigation can often feel like a Pyrrhic victory; the costs, time, and procedural complexities involved might outweigh the amount recovered. Recognizing this challenge, the Japanese legal system offers a dedicated, streamlined process known as "Small Claims Litigation" (shōgaku soshō tetsuzuki

When commercial disputes arise, businesses often prefer negotiated settlements over protracted and costly litigation. In Japan, as in most jurisdictions, parties can resolve their differences through private, out-of-court settlement agreements. However, when a dispute is already the subject of a lawsuit, the Japanese legal system offers a distinct and powerful

In the intricate world of legal proceedings, a fundamental prerequisite for any entity wishing to initiate or defend a lawsuit is possessing the "capacity to be a party." In Japanese civil procedure, this concept is known as tōjisha nōryoku (当事者能力). While it's straightforward that natural persons

For any company contemplating litigation, the ability to gather crucial evidence before formally commencing a lawsuit can be invaluable. It allows for a more informed assessment of the case's merits, helps in precisely framing the claims, and can even facilitate early settlement. In the United States, various pre-action

Receiving an unfavorable judgment in any jurisdiction is a significant event for a company. Beyond the immediate consequences, a crucial question arises: to what extent does this decision preclude future litigation on the same or related matters? In Japan, the doctrine that governs the binding effect of a final judgment

When faced with a substantial legal claim, companies often weigh the potential benefits of litigation against the considerable costs and risks involved. One strategy that might seem appealing is to initiate a lawsuit for only a part of the total claim – a "partial claim" (J.: ichibu seikyū – 一部請求)

For businesses operating internationally, the prospect of litigation in a foreign jurisdiction often raises concerns about potentially high costs, lengthy proceedings, and procedures that may be unfamiliar. While Japan's court system is well-regarded, companies are increasingly seeking more flexible, efficient, and tailored ways to resolve commercial disputes. Alternative

In the realm of civil litigation, the prospect of multiple lawsuits addressing the same or substantially similar issues between the same parties is a concern for both litigants and the judicial system. Such concurrent proceedings can lead to inefficient use of court resources, place an undue burden on defendants, and

Navigating civil litigation in any foreign jurisdiction requires a fundamental understanding of its core procedural principles. In Japan, one of the most pivotal concepts shaping the conduct of civil lawsuits is the "Principle of Party Presentation," known in Japanese as Benron-shugi (弁論主義). This principle essentially dictates that the

In the complex world of international business, legal certainty is a prized commodity. Disputes or ambiguities regarding rights and obligations can create significant operational friction and risk. One legal tool designed to provide such certainty is an action for a declaratory judgment, known in Japan as an "action for

When a U.S. company becomes entangled in civil litigation in Japan, one of the most pressing concerns often revolves around the extent to which it can be compelled to produce internal documents. Unlike the broad discovery procedures familiar in the United States, Japan's system for accessing documentary

The globalization of business means that companies increasingly operate across borders, and with this comes the potential for cross-border disputes. If your U.S.-based company finds itself named as a defendant in a lawsuit filed in Japan, one of the first critical questions is whether Japanese courts have the