Resolution of Controversy and Dispute
Services related to resolution of controversies and disputes through such means as litigation, mediation, arbitration and conciliation constitute one of the most important practice areas of Iwata Godo in which we have been traditionally offering our services.
We have strong tradition of being appointed to represent listed companies including financial institutions, various manufacturing companies, electric power companies and other industrial companies. As such, we have experiences of representing our clients in air pollution and other types of pollution litigations, a case concerning a fire in an industrial complex, a case concerning an airplane crash, various large-scale actions for damages caused by defects in products, a case filed requesting injunction against operation of a nuclear power plant and various large-scale litigations related to environmental issues. We also routinely represent financial institutions and insurance companies in numerous civil cases.
In addition to our experiences in representing defendant corporations in large-scale litigations where the number of plaintiffs reached a few thousand and successfully leading cases to settlements, we have experience in dealing with such new types of litigations as so-called class action type lawsuit as well as citizens’ lawsuit against municipal authorities for malfeasance such as bid-rigging. Further, the attorneys of Iwata Godo are continuously appointed to represent our clients in such complex and difficult cases that require highly specialized knowledge and expertise as shareholders’ litigation, litigation regarding management and/or personnel affairs, PL litigation, administrative litigation (including filing for administrative appellate procedures), litigation concerning the Antimonopoly Act and litigation related to intellectual property rights.
In addition to our services in the field of litigation procedures, we also offer services related to alternative dispute resolution such as mediation and arbitration that are increasingly utilized these days after the establishment of so-called financial ADR systems.
Also in the area of international dispute resolution, Iwata Godo has been involved in an international commercial arbitration case and has experiences in dealing with many cases in litigations and arbitrations filed abroad in cooperation with our member attorneys practicing foreign laws (in accordance with the requirement of the case) as well as local foreign law firms. Through these cases we have accumulated experience and know-how to settle international disputes as swiftly as possible by such means as filing litigation in parallel in Japan if the case so requires.
Iwata Godo offers, in addition to the services described in the section regarding compliance, legal advice to handle the situation in the case where serious dispute or scandal which may result in pinning of managerial responsibility has arisen.
In such cases, we conducted investigation on behalf of the client corporations into the facts that had caused such dispute or scandal. We also provided comprehensive advise and representation on numerous matters that required careful consideration including cooperation with the investigating authority, reporting to supervisory authorities and/or security exchange, responding to the media, judgements on the necessity of disclosure of information through such process as the timely disclosure as well as measures to prevent recurrence of such incident and through such means assisted the clients in their efforts to settle the situation effectively and appropriately.
Iwata Godo is able to provide the clients with advice on matters including but not limited to establishment and management of so-called third party committee. For example, we have been appointed to make investigation in such cases which have recently come to the fore as false report, fraudulent transaction, fraud incident involving huge sum of money and false labelling of food products and proposed measures to prevent recurrences thereof. Also in areas related to the Antimonopoly Act, we have conducted due diligence in order to determine if there had actually been cartel activities. Through such services, the attorneys of Iwata Godo have assisted our client corporations to manage through crisis situations.
- Dispute Resolution and
- Economic Law and
the Competition Law
- Intellectual Property Law and Information Technology Law
- Bankruptcy Law and
Corporate Reorganization/ Rehabilitation
- Labour Law
- Environmental Law and
Large-Scale Environmental Litigation