The following Dispute Resolution guidance note provides comprehensive and up to date legal information covering:
The class actions guide for Japan is presented in the form of key questions and answers. The questions are set out below. The guide can be accessed here:
2020 GTDT: Class actions guide—Japan
The guide answers the following questions:
1. Outline the organisation of your court system as it relates to collective or representative actions (class actions). In which courts may class actions be brought?
2. How common are class actions in your jurisdiction? (Approximately what percentage of class actions do not settle and are adjudicated on the merits?) What has been the recent attitude of lawmakers and the judiciary to class actions?
3. What is the legal basis for class actions? Is it derived from statute or case law?
4. What types of claims (eg securities, environmental, competition, product liability) may be filed as class actions? (Have courts ruled that certain types of claims, such as minimum statutory damage actions, may not be litigated by a class?)
5. What relief may be sought in class proceedings (money damages, injunctive relief, disgorgement, restitution, etc)?
6. How is a class action initiated? (Does it begin with the filing of the complaint? Is notice with opportunity to cure required prior to filing a complaint?). What is the limitation period f
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