Dispute Resolution

A collection of 15 posts
Dispute Resolution

Business Disputes in Japan (2025): Litigation, Arbitration & Mediation Guide

TL;DR Japan offers three main tracks to settle commercial conflicts—court litigation with judge-driven procedure, UNCITRAL-based arbitration enforceable worldwide, and culturally favoured mediation. Draft clear clauses, weigh cost-speed-relationship factors, and engage local counsel for the best outcome. Table of Contents 1. The Japanese Court System and Litigation 2. Arbitration
8 min read
Slide outlining Japan’s IP evidence tools: shouko hozen, document production orders with in-camera review, kenshou inspections, and sashou expert procedure.
Intellectual Property Law

Unlocking Evidence in Japanese IP Litigation: Procedures and Strategies

TL;DR * Japan lacks US-style broad discovery, but IP litigants have targeted tools: pre-suit evidence preservation, document production orders with in-camera review, court inspections, and the new expert-led sashou system. * Success hinges on early assessment, specific requests, and strategic use of these court-controlled mechanisms while safeguarding trade secrets with protective
9 min read
Slide summarising Japan’s IP evidence tools: document-production orders, in-camera review, inspection system, protective orders and trade-secret safeguards
Intellectual Property Law

Gathering Proof in Japanese IP Litigation: Tools, Trade-Secret Safeguards & Court Tactics

TL;DR Japanese IP litigation lacks U.S.-style discovery, but rights-holders can compel proof through document-production orders, in-camera reviews, a high-threshold inspection system, and protective orders—yet trade-secret concerns and judicial gatekeeping still make evidence hard to unlock. Table of Contents * Introduction: The Evidence Conundrum in IP Litigation * Core
10 min read
Slide comparing Japanese litigation, JCAA arbitration, and mediation: procedures, costs, timelines, and enforceability for business disputes
Dispute Resolution

Resolving Business Disputes in Japan: Litigation, Arbitration, and Mediation Explained

TL;DR Japan offers three main dispute-resolution tracks—court litigation with limited discovery, UNCITRAL-based arbitration enforceable worldwide, and mediation (court-annexed or private) now backed by the Singapore Convention. Choosing the right forum, drafting precise clauses, and engaging local counsel are vital for US companies. Table of Contents 1. Litigation in
10 min read
Slide depicting Japan’s squeeze-out toolbox, Kyoto 2021 case timeline, “grossly unfair” challenge path and best-practice safeguards for controlling shareholders.
Corporate Governance

Minority Shareholder Squeeze-Outs in Japan: Navigating Fairness, Procedure, and Legal Challenges

TL;DR * Japan offers four statutory paths to squeeze-out minority shareholders; the most common is “Class Shares Subject to Call.” * Kyoto District Court (Jan 29 2021) upheld a conflicted squeeze-out, signalling a formalistic reading of “grossly unfair” and heavy reliance on post-deal price appraisal. * Minority investors face high hurdles contesting
10 min read