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Outline of the 2022 Bill to Amend the Code of Civil Procedure

A bill to amend the Code of Civil Procedure (CCP) and the other related codes was submitted to the Japanese Diet on March 8, 2022. The main purpose of the bill is to permit further use of electronic communications and other information and communication technology (IT) in resolving disputes in civil litigation, but it also contains important amendments that will have an impact on civil litigation practice in Japan, once the Diet adopts the bill and the law enters into force. This newsletter explains important items in the bill. The use of IT in civil litigation in Japan is much further behind than in other developed countries. In 2004, a provision was added to the CCP which permitted electronic...To read the full article, please see the PDF file

*This article is also available in Japanese.

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Corporate Newsletter (April 8, 2022) (255 KB / 5 pages) Download PDF [256 KB]

Authors

弘中 聡浩

Akihiro’s experience covers product liability, contractual claims, mass tort claims, and tax disputes, in various industries, in particular in the pharmaceutical and automotive industries. He has also handled disputes arising from M&A transactions, disputes involving construction sites in Asia, Africa, and the Middle East, and disputes arising from the termination of distribution agreements. He has achieved significant results in international arbitrations, including emergency arbitration proceedings under the rules of the ICC, SIAC, AAA-ICDR, and JCAA. He also advised clients in connection with US civil actions, including class actions, and Japanese judicial assistance for foreign court proceedings.

In one notable case, he successfully defended a Japanese trading company against six large vicarious liability lawsuits, involving claims totaling JPY 48.3 billion, filed by claimants including an affiliate of a US-headquartered investment bank and a US hedge fund. He also recovered JPY 13.3 billion for Shionogi & Co. in an action challenging a tax assessment relating to an in-kind contribution of a partnership interest in a cross-border reorganization for the development of a drug for AIDS. He is currently representing a pharmaceutical company in one of the largest product liability lawsuits in Japan.

He is a graduate of The University of Tokyo (LL.B., 1993) and Harvard Law School (LL.M., 2003), and is licensed to practice law in Japan and New York. He served as a Japanese district court judge from 1998 until 2000, and worked at Arnold & Porter (Washington, D.C.) from 2003 until 2004. He is a Fellow of the Chartered Institute of Arbitrators.

He is the author of various books and articles in the areas of litigation and international arbitration, including Yasuhei Taniguchi et al. eds., Civil Procedure in Japan (contributor, Juris Publishing). He was awarded the "Dispute Resolution Lawyer of the Year" at the ALB Japan Law Awards in 2022.

小川 裕子

Yuko OGAWA

  • Counsel
  • Tokyo

Yuko Ogawa is a counsel in our dispute resolution practice group. She has significant experience handling litigation, provisional dispositions, and other court proceedings, as well as alternative dispute resolution procedures in Japan, particularly those involving contractual disputes, product liability, alleged infringement of trade secrets, labor issues, environmental disputes, and general tort cases.