Japan

• Author: Ikuo Sugawara
• DOI: 10.1177/0002716208328350
• Published date: 01 March 2009
• Date: 01 March 2009
• Subject Matter: Articles

280 ANNALS, AAPSS, 622, March 2009

In addition to the traditional concepts of joinder and

authorized representation, Japan permits only injunc-

tion claims by consumer organizations against unfair

business practice and contract terms, with strong

restrictions on approval of such organizations.

Keywords: group representative litigation; represen-

tative action; Consumer Contract Act;

Anti-monopoly Law; injunction

1. Summary of the Japanese

Judicial System

Both substantive and procedural laws in

Japan belong to the Continental system of the

late nineteenth century: civil law is based on the

Civil Code of France and Germany and civil

procedure on that of Germany, adopting some

American aspects such as a shift from an inquisi-

torial system to a strengthening of party control

with an adversarial system after WWII, but

retaining a Continental structure. Specific doc-

uments requested by a party during the process

must be disclosed, but there is no equivalent of

the American system of discovery or interroga-

tories. There is no jury system or punitive dam-

ages in civil cases. Excluding cases which ended

in default judgments, more than half of cases

are resolved through settlement. No represen-

tative lawyer is required for civil litigation. A

winning party will not be awarded costs, except

in tort-related claims. In some cases, the court

will approve the inclusion of lawyers’ fees in the

calculation of damages. Fee scales used to be

published by the Bar Association, now abol-

ished as anticompetitive, but the custom is still

followed. A normal retainer fee is about 5 to 10

percent of the amount in dispute, plus a further

5 to 10 percent of any amount received. The

Japan

By

IKUO SUGAWARA

Ikuo Sugawara is a professor of law at the Graduate

School of Law, Nagoya University.

DOI: 10.1177/0002716208328350