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The Japanese way of (non-)litigation



It's a lot different from ours, according to Utah attorney Craig Perry, writing in Corporate Counselor:

American companies would be well advised to follow the Japanese lead in focusing on maintaining healthy business relationships to avoid disputes. Litigation with a Japanese company is significantly more expensive and difficult than with another U.S. company, whether the lawsuit is in the United States or Japan. Only companies with significant legal budgets would willingly initiate a lawsuit in Japan.

Even in the United States, however, litigation with a Japanese company presents its own unique set of challenges. In addition to language issues, the Japanese government allows only very limited discovery from its citizens. For example, a Japanese citizen cannot be compelled to give deposition testimony. Even if they do so voluntarily, the deposition must be conducted under the direction of a U.S. consular officer in one of only four rooms available for this purpose in the entire country. Understandably, these rooms are generally scheduled many months in advance.

"[F]ocusing on maintaining healthy business relationships to avoid disputes" -- what a concept....

 

 


Rafael Mangual
Project Manager,
Legal Policy
rmangual@manhattan-institute.org

Katherine Lazarski
Manhattan Institute
klazarski@manhattan-institute.org

 

Published by the Manhattan Institute

The Manhattan Insitute's Center for Legal Policy.