What to do when a complaint is sent from a foreign court
Service of Complaint in Foreign Courts
In a Japanese court, a clerk is required to order a magistrate to serve a complaint, but in the U.S., service by a clerk of a law firm is also considered valid. If a foreign judgment is to be executed in Japan in the future, recognition of the foreign judgment by a Japanese court is required. In order to leave open the possibility of contesting the validity of the U.S. service itself at that time, it is important to consult a law firm without opening the envelope when the complaint is served by mail or by a law firm’s clerk.
Translation of the Complaint
Under Japanese judicial precedent, service of a complaint without a Japanese translation is invalid. If a Japanese translation is not attached to the complaint, it will be possible to raise a defense that service was not lawfully made in the future at a trial for recognition and execution of a foreign judgment.
Scope of Kuribayashi Sogo Law Office’s Practice Areas
Our firm represents and advises Japanese companies when they are sued by foreign companies. Most of our cases are filed in the U.S., but we also handle cases filed in courts in China, Hong Kong, Singapore, Israel, Turkey, Indonesia, and other countries. We are also able to handle litigation and dispute resolution procedures in England, France, Germany, Switzerland, Italy, Spain, Belgium, the Netherlands, Poland, the Czech Republic, and other countries through the Eurolegal law firms of which we are a member.
Motion of Dismissal
When a lawsuit is filed in a foreign country, the issue of jurisdiction becomes important. In many cases, when a Japanese company is sued in a foreign country, the first response will be to dispute the lack of jurisdiction. We work with local law firms to prepare a Motion of Dismissal (a motion to dismiss for lack of jurisdiction), prepare a jurisdictional opinion, and prepare relevant evidence.
Risk Analysis in International Litigation
Our firm will also work on the submission of a Defense of Dismissal due to Jurisdiction, as well as discuss and consider settlement, formulate litigation strategy, and Affidavit. Our work includes analyzing the likelihood that the claims sought by the plaintiffs will be allowed, reputational risk, locating and securing evidence, and analyzing the various risks associated with the conduct of the litigation, including estimating litigation costs. Our activities also include attending depositions, advising on disclosure procedures, and advising on the drafting of settlement provisions.
Examples of International Litigation Handled by our Firm
In a case in which a Japanese company was sued in Texas state court by an individual residing in Texas, we represented the Japanese company in selecting local counsel, developing a litigation strategy, managing the progress of the proceedings, attending to depositions, meeting with local counsel, and confirming settlement terms. In addition, we have advised Japanese companies in many other cases, including court proceedings in Turkey and settlement proceedings in Indonesia. In litigation proceedings in Singapore, we worked with a local law firm to follow up on the proceedings for several years.
Overseas Affiliated Firms
Kuribayashi Sogo Law Office has various networks, including Haynes & Boone Law Office (Texas and New York, USA), where Kuribayashi trained for one year, and other law firms in Singapore, member firms of Euroregal, and Dezan Shira Law Office. We can also introduce you to law firms belonging to these alliances in the United States, Hong Kong, Singapore, China, the Philippines, Australia, Germany, France, the United Kingdom, Italy, Switzerland, Poland, the Netherlands, Spain, etc. Depending on the nature of the case, we will work together with local law firms to form a team to serve the interests of our clients.