JAPAN Law and Practice Contributed by: Hiroki Wakabayashi, Kenichi Sadaka and Kei Akagawa, Anderson Mori & Tomotsune
public disclosure by a court ruling issued in response to the party’s motion (Article 92 of the CCP). Following an amendment to the CCP in May 2022, a new mechanism has been introduced to protect a party’s or their statutory agent’s name and domicile, residence or usual place of abode from public access. This protection applies in cases where public disclo- sure would cause substantial harm to social life, such as when the party is a victim of domestic violence or other crime (Articles 133 to 133-4 of the CCP). In addi- tion, examination of a party or their legal representa- tive or a witness about matters concerning a serious family-related secret in personal status litigations may be protected from public audience by a court order (Article 22 of the Personal Status Litigation Act). In such a case, the court record of the examination will be automatically protected from public disclosure and may be inspected only by a party to, or a third party who has shown a legal interest in, the litigation (Article 91 of the CCP). Finally, as the most recently introduced exception, from a date to be designated by the Supreme Court – no later than 24 May 2026 – a record of in-court set- tlement will become protected from public disclosure unless settlement is reached during an oral hearing open to the public (amended Articles 91 and 91-2 of the CCP). Refer also to 8.2 Settlement of Lawsuits and Confidentiality . 1.4 Legal Representation in Court In any courts other than summary courts, a legal representative needs to be either an attorney-at-law licensed in Japan or a person who is authorised to act in court for the principal pursuant to law or regulation, such as a registered manager of a corporation or a captain of a ship. In summary courts, a certified judi- cial scrivener or a person who has obtained the court’s permission may also appear as a legal representative (Article 54 of the CCP).
to be permitted unless it is made in a manner that violates the relevant laws or regulations, such as the Attorney Act, the Trust Act, the Money Lending Busi- ness Act, or the Financial Instruments and Exchange Act. 2.2 Third-Party Funding: Lawsuits There is no statutory rule or established practice regarding third-party funding. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding is generally considered to be available for both parties. 2.4 Minimum and Maximum Amounts of Third-Party Funding There is no statutory rule or established practice regarding maximum or minimum amounts of third- party funding. 2.5 Types of Costs Considered Under Third- Party Funding There is no statutory rule or established practice regarding what costs a third party may fund, but they usually cover legal fees and also out-of-pocket expenses required for lawsuits. 2.6 Contingency Fees Contingency fees are generally permitted, and there is no specific restriction universally applicable to all types of cases. However, the Japan Federation of Bar Associations has set some rules about the maximum percentage in cases where lawyers work for consum- ers on their multiple debts. 2.7 Time Limit for Obtaining Third-Party Funding There is no statutory rule or established practice regarding time limits for obtaining third-party funding.
3. Initiating a Lawsuit 3.1 Rules on Pre-Action Conduct
2. Litigation Funding 2.1 Third-Party Litigation Funding
Generally, no pre-action conduct is required. There are some exceptions in certain categories of mat- ters, such as family cases where filing for concilia-
There is no statutory rule which specifically prohibits third-party funding. As such, it is generally considered
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