Litigations and Dispute Settlements
Corporate Litigations, civil actions, debt collection, collection of claim, international litigations, commercial arbitrations, international arbitrations, tax litigations
Litigations on control and management right of company
Litigations relating to troubles on contracts, claim for damage, ownership of property and rights/duties, etc.
If your business partners fail to fulfill their obligations and mutual discussion does not resolve the problems, then you may resolve then by court procedures. Once a lawsuit is filed, the defendant shall have to respond. Unless he does, the court usually accepts the plaintiff’s demand (the default judgment). Civil actions usually take 1 or 2 years to reach the judgments, although the time to the court decisions are various and depend on contents and complexity of cases. The place of court is prescribed by law as a jurisdiction matter and in many cases contracts stipulates agreed jurisdictions.
International Arbitrations (Commercial Arbitrations)
Arbitration proceedings by the Commercial Arbitration Association and other arbitration institutes/ arbitrators, etc.
Litigations of Japanese/foreign companies in Japan/overseas, and advices thereon.
An international litigation is a litigation of which any of the parties is a foreign company. In international litigations and international trials, the first important subject is which country will be the jurisdiction. Secondly, the governing law. Under careful consideration in various possibilities regarding jurisdictions and governing laws, witnesses, simplicity in submission of evidences, reliability of the court system etc. in case of foreign lawsuits, the most advantageous jurisdiction should be chosen.
Arbitrations of Japanese/foreign companies in Japan/overseas, and advices thereon.
Arbitration is one of the ways to resolve disputes among private citizens without litigations and proceeded with parties’ agreement of accepting arbitrators’ resolution. Arbitrators are selected by parties’ agreements or the court’s decision.
Since without the parties’ agreement arbitrations will not be proceeded, it is different from litigations, however at the same time since third parties’ decision bind the parties, it is different from compromise and arbitration by court. The arbitrator’s decision has same validity with final judgments. Arbitrations are approved in case of ordinal civil cases that will be no harm if relatively settled between the parties, and well used by disputes of international businesses or construction works. Arbitrations under the Labor Law, the commercial arbitrations and international commercial arbitrations are also available.
Litigations of debts collection, collection of other debts, repossession, compulsory execution and advices thereon. Collection of debts in foreign countries and advices thereon.