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Litigation law in Shibuya, Japan is a subset of the broader Japanese legal system, which is a combination of civil law influenced by German civil law, customary law, and modern Japanese law. Shibuya, being a special ward within Tokyo, adheres to the national laws and judicial system of Japan. The Japanese legal system is predominantly inquisitive, with judges actively involved in the investigation of the facts of a case. Litigation in Shibuya typically involves various stages including pleading, evidence presentation, and a final judgment, and may concern a range of issues from civil disputes to criminal cases.
Individuals may require legal help in litigation for a variety of reasons, such as business disputes, intellectual property conflicts, employment issues, personal injury claims, or real estate matters. With the complexity of Japanese legal procedures and the necessity of navigating the language and local practices, obtaining professional legal assistance is often critical for ensuring one's interests are adequately represented and protected in court.
The key aspects of local laws that are particularly relevant to litigation in Shibuya include adhering to Japan's strict procedural rules and time-sensitive filings, understanding the nuances of Japanese contract law, compliance with labor standards, and intellectual property rights enforcement. In Shibuya, as in the rest of Japan, mediation is also a commonly used dispute resolution method before or instead of judicial litigation, with the aim of reaching an amicable settlement.
The statute of limitations varies depending on the type of claim, but for many civil cases in Japan, it is set at five years from the point when the claimant becomes aware of the damage and the identity of the obligor.
Foreign lawyers, known as Gaiben, are allowed to advise on foreign law and represent clients in arbitration cases, but they generally cannot represent clients in Japanese courts unless they pass the Japanese Bar Examination or collaborate with a licensed Japanese lawyer.
Unlike the adversarial system found in the US or UK, the Japanese legal process is more inquisitive with a focus on written evidence and less emphasis on oral testimony. Judges play a more active role in investigating facts and guiding proceedings.
Mediation is not mandatory for all cases, but some specific types of disputes may require an attempt at mediation before litigation can be pursued. Even when not mandatory, it is often encouraged.
The duration of lawsuits in Japan can vary greatly, from several months for simple cases to several years for complicated litigation.
Litigation proceedings are generally conducted in Japanese. While some documents can be submitted in English with translations, it is highly advisable to have legal representation fluent in Japanese.
Compensation may include actual loss, expected profits, emotional distress, and, in some cases, punitive damages, although these are less common in Japanese law compared to other legal systems.
Court fees in Japan are calculated based on the amount claimed and can be relatively modest. However, attorney fees and additional costs can make litigation expensive.
Yes, there are law firms in Shibuya with lawyers proficient in international law, catering to both domestic and foreign clients involved in cross-border disputes.
If unsatisfied with a judgment, there is an opportunity to appeal the decision to a higher court. It is advisable to discuss the merits and potential outcomes of an appeal with your lawyer.
For those seeking legal advice in litigation in Shibuya, the Tokyo Bar Association provides resources and referrals for licensed attorneys. The Japan Legal Support Center (Houterasu) can also offer assistance with legal issues and provide access to a lawyer if needed. For specific information about mediation and arbitration, the Japan Arbitration Association can serve as a useful resource.
If you need legal assistance in litigation, the first step is to find a reputable lawyer who specializes in the area of your dispute. Contacting the Tokyo Bar Association for a referral can help you connect with legal professionals suited to your needs. Once you have legal representation, they will help you understand your rights and options, navigate the legal system, and work towards a resolution of your case, whether through mediation, arbitration, or court proceedings.
