Litigation and dispute resolution: overview

1. What dispute are you dealing with?

From the point at which a disagreement arises to matters already in negotiation or before the court, the guides below are arranged according to the situation.

• Disputes over system development projects — development is not progressing, or there is a disagreement over acceptance testing or cost: where the customer and the vendor understand the specification, the quality, additional cost and the payment of the fee differently, and the company is considering whether to continue or end the project and what claim or answer to make.
• Employment Disputes in Japan: A Guide for Employers — a claim has been made by an employee, or there is a disagreement over dismissal or wages: where there is a dispute with an employee about dismissal, treatment or wages and the company, as the employer, is considering negotiations and how to respond in labor tribunal proceedings or in litigation. Labor tribunal proceedings are a Japanese court procedure for individual employment disputes. Cases are heard by a panel comprising a judge and members with experience in labor relations.
• Responding to medical incidents and alleged malpractice — responsibility or compensation is being raised over the outcome of treatment: where a hospital is putting in order the course of the treatment and the question of responsibility, and is considering how to explain matters to the patient and the family and how to respond in negotiations or in litigation.
• Construction disputes over defects, delay and payment — there is a disagreement over defects, delay or payment in construction work: where the parties understand the scope of the work, additional work and the payment of the price differently, and the company is considering whether to continue or end the contract and what claim or answer to make.
• When a business partner does not pay: unpaid receivables and late payment — a business partner has not paid: where delivery or the provision of services has been completed but the price has not been paid, and the company is considering how to pursue the claim, the period of prescription and the applicable deadlines, and the procedures for securing and recovering payment.

2. Contract disputes and the recovery of receivables for companies and other legal entities

We also handle civil and commercial disputes involving companies and other legal entities more generally, including the recovery of accounts receivable and fees, and claims and answers concerning the termination of a contract and damages. Where the situation does not fall within the individual guides above, an inquiry may still be made. A list of the matters we handle in litigation and dispute resolution is available separately.

3. Work common to these matters

We check the deadlines for notices, replies, applications and similar steps, and the state of preservation of the records and materials. Working from the contract and the records of the exchanges between the parties, we organize the issues in dispute and the facts and evidence that support them. Whether the company is bringing a claim or is the party against whom a claim is made, we consider the approach that fits its position.

Taking into account the client's wishes, the effect on the business and any dispute resolution clause in the contract, we act in negotiations, in conciliation, in litigation, and in arbitration under an arbitration agreement. Civil conciliation is a Japanese court procedure in which the parties seek to reach agreement with the involvement of a conciliation committee. We consider the terms on which the matter may be resolved, including settlement in the course of litigation, and we prepare and file written submissions and conduct negotiations. Provisional attachment and provisional dispositions are considered according to whether they are necessary and urgent, whatever stage the negotiations have reached. A provisional disposition is a Japanese court procedure for interim relief pending a decision on the merits. A provisional attachment is the related Japanese procedure by which the other party's assets are secured in advance where a monetary claim is to be pursued.

According to the terms of the judgment or the settlement, we assist with the steps toward payment, delivery and similar performance. In the recovery of receivables, we check the other party's assets and the requirements for compulsory execution, and we act in the procedures required.

Our firm includes lawyers who have experience of hearing civil cases as a judge. The lawyer handling the matter and the arrangements for handling it are decided according to the content of the matter and other circumstances. The profiles of our lawyers and the areas they handle are set out separately.

Where an internal investigation, steps to prevent further harm, and dealings with the authorities and other persons concerned are also required, see also the overview of crisis management and incident response.

4. Making an inquiry

We advise companies, other legal entities and their executives on civil and commercial disputes. Depending on the matter and the scope of the instructions, our work runs from organizing the facts and the evidence, through negotiations and provisional remedies, to litigation and to the steps that follow a judgment or a settlement. Please contact us about a specific situation.

Key legislation and official sources

English translations of legislation are provided for reference. The Japanese texts are authoritative.

Where it appears	Legislation	Source type
Litigation and settlement in the course of proceedings (section 3)	Code of Civil Procedure（民事訴訟法）	Japanese legislation / English translation
Conciliation before the court (section 3)	Civil Conciliation Act（民事調停法）	Japanese legislation / English translation
Arbitration under an arbitration agreement (section 3)	Arbitration Act（仲裁法）	Japanese legislation / English translation
Provisional attachment and provisional dispositions (section 3)	Civil Provisional Remedies Act（民事保全法）	Japanese legislation / English translation
Compulsory execution in the recovery of receivables (section 3)	Civil Enforcement Act（民事執行法）	Japanese legislation / English translation
Labor tribunal proceedings (section 1)	Labor Tribunal Act（労働審判法）	Japanese legislation / English translation

Legal information reviewed: 2026-09-18

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This article is provided for general informational purposes only and does not constitute legal advice on any specific matter. Please consult us regarding your specific situation. The content is based on the laws and regulations in effect as of the date of the last update.