Litigation in Japan
Q6: Is it possible to solve the disputes by negotiation in good faith without any court procedures?

Yes. Traditionally, before commencing any court or ADR proceedings, parties through lawyers try to negotiate in good faith for dispute resolution since a standard agreement prescribes such obligation by one clause in Japan for future disputes arising from relationships created by the agreement, which clause may not be unenforceable under Japanese law. Although such pre-action negotiation is very common in Japan, however, it should be noted that any conversation or correspondence will be used as evidence in future procedures even if such appear in such negotiation and that evidence may be destroyed or disposed by the party during the negotiation period to avoid future lose in litigation. We therefore advise you to seek legal professional advice for pre-action negotiations. Sometimes pre-action negotiations may lead to missing of timing for Provisional Remedies or such negotiation may result in an unfavorable result for the future.



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