Litigations and Dispute Settlements
Providing legal help with corporate Litigation, civil actions, debt collection, collection of claim, international litigation, commercial arbitration, international arbitration, tax litigation.
Legal proceedings dealing with numerous types of business/corporate legal issues including control and management of business disputes.
Litigation relating to contracts, claim for damage, ownership of property and rights/duties.
If your business partner(s) fails to fulfill his/her obligations, and it is not deemed to be solved internally, then you could proceed with court procedures. Once a lawsuit is filed, the defendant has to respond. Without any response from the defendant, the court usually accepts the plaintiff’s demand (the default judgment). Civil actions usually take 1 or 2 years to reach the judgments. The time that the court spends on decisions varies and depends 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 Arbitration (Commercial Arbitration)
Arbitration proceedings by the Commercial Arbitration Association and other arbitration institutes/ arbitrators, etc.
Litigation of Japanese/foreign companies in Japan/overseas
An international litigation is a litigation of which any of the parties is a foreign company. In international litigation and international trials, the first important things to look after is jurisdiction; where you will try your case. 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.
Arbitration of Japanese/foreign companies in Japan/overseas, and advice thereon.
Arbitration is one of the ways to resolve disputes among private citizens without litigation and other legal proceedings with parties’ agreement of accepting arbitrators’ resolution. Arbitrators are selected by parties’ agreements or the court’s decision.
Since without the parties’ agreement arbitration will not be proceeded, it is different from litigation, 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. Arbitration 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. Arbitration under the Labor Law, the commercial arbitration and international commercial arbitration are also available.
Litigation of debts collection, collection of other debts, repossession, compulsory execution and advice thereon. Collection of debts in foreign countries and advice thereon.