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Appeals

Published: August 2018

Japan


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  • 1.

    Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.

  • 2.

    Are there appellate courts that hear only civil matters?

  • 3.

    Are appeals from administrative tribunals handled in the same way as appeals from trial courts?

  • 4.

    Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?

  • 5.

    If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.

  • 6.

    What are the deadlines for filing an appeal in a commercial matter?

  • 7.

    What are the key steps a litigant must take to commence an appeal?

  • 8.

    How is the documentation for appeals prepared?

  • 9.

    In commercial matters, may litigants appeal by right or is appellate review discretionary?

  • 10.

    Can litigants appeal any ruling from a trial court, or are they limited to appealing only final judgments?

  • 11.

    In a typical commercial dispute, must a litigant post a bond or provide security to appeal a trial court decision?

  • 12.

    Are there special provisions for interlocutory appeals?

  • 13.

    Are there special rules relating to injunctions or stays, whether entered in the trial court or on appeal?

  • 14.

    If a litigant files an appeal in a commercial dispute, does it stay enforcement of the trial court judgment?

  • 15.

    On an appeal from a commercial dispute, may the first-level appellate court consider the facts and law anew, or is its power to review limited?

  • 16.

    If a party is dissatisfied with the outcome of the first-level appeal, is further appeal possible?

  • 17.

    How long do appeals typically take from application to appeal to a final decision?

  • 18.

    What is the briefing and argument process like in a typical commercial appeal?

  • 19.

    Are appeals limited to the evidentiary record that was before the trial court, or can new evidence be introduced on appeal?

  • 20.

    If litigants uncover new evidence of wrongdoing that they believe altered the outcome of a trial court judgment, can they introduce this evidence on appeal?

  • 21.

    May parties raise new legal arguments on appeal?

  • 22.

    What are the rules regarding attorneys’ fees and costs on appeal?

  • 23.

    Can parties enter into a settlement agreement to vacate the trial court judgment after an appeal has been taken?

  • 24.

    Are there any limits on settlement once an appeal has been taken?

  • 25.

    May third parties fund appeals?

  • 26.

    If litigation funding is permitted in an appeal, must funding sources be disclosed to the court or other parties to the litigation?

  • 27.

    Must appellate courts in your country write decisions explaining their rulings? Can the courts designate the precedential effect of their decisions?

  • 28.

    Will the appellate courts in your country consider submissions from non-parties?

  • 29.

    What are the ordinary forms of relief that can be rendered by an appellate court in a civil dispute?

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Nagashima Ohno & Tsunematsu is the first integrated full-service law firm in Japan and one of the foremost providers of international and commercial legal services based in Tokyo. The firm’s overseas network includes offices in New York, Singapore, Bangkok, Ho Chi Minh City, Hanoi and Shanghai, associated local law firms in Jakarta and Beijing where our lawyers are onsite, and collaborative relationships with prominent local law firms throughout Asia and other regions.

View more information about Nagashima Ohno & Tsunematsu


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