AI-EI Law Firm was founded by Michihiro Mori, alongside several attorneys primarily from Nishimura & Asahi, the largest law firm in Japan. Mr Mori, a leading litigator within the firm, is highly regarded in the field. With a distinguished career that includes ten years as a judge in civil and commercial litigation, Mr Mori brings deep expertise to the firm.

In addition to Mr Mori, AI-EI Law Firm boasts several former judges with extensive experience in civil and commercial disputes. The team further includes professionals with diverse backgrounds, such as administrative offence specialists and former in-house counsel.

With this wealth of expertise, AI-EI Law Firm stands out from other firms by offering tailored and strategic dispute resolution services, leveraging the varied experiences of its members.

Our practice primarily focuses on civil and commercial litigation, particularly in disputes involving companies, shareholders and directors. Moreover, we have recently advised and represented companies involved in prominent scandals in Japan.

For instance, the firm plays a key role in the committee responsible for providing relief to victims of sexual assault by the founders of Johnny & Associates, Inc., a leading entertainment agency in Japan.

We handle a wide range of litigation, including shareholder derivative lawsuits, construction contract disputes, real estate cases, M&A-related litigation, as well as disputes over corporate control. Meanwhile, we represent an electric company in lawsuits related to nuclear power plant accidents.

In companies with so-called activist shareholders, it is understood that in disputes of a certain scale, resolving issues through procedures involving third parties – not limited to litigation – can ensure transparency and fairness, help avoid risks and prevent questions of management responsibility.

In Japan, the courts are the major dispute resolution institutions. The court assists in dispute resolution by organising the issues, presenting proposed resolutions and attempting mediation.

Firstly, there are differences between the statutory law and case law systems. Since the applicable laws vary, collaboration with law firms in differing jurisdictions becomes necessary.

Language can also be a barrier. For example, in our firm, we handle class action cases in Israel, requiring translations from Hebrew to English, and then from English to Japanese.

The legal systems also differ. For instance, there is no discovery system, and so the methods for gathering evidence are different. It becomes necessary to explain such concepts as “litigation hold” to clients. We also need to explain concerns related to privilege in communications to clients.

There is also no jury system, and trial procedures differ. For example, whether cross-examinations can be conducted online varies by country, meaning that litigation procedures must be adapted accordingly in each jurisdiction.

At present, there is very little litigation related to ESG in Japan. However, listed companies are increasingly required to address ESG-related regulations, such as carbon neutrality and human rights issues within their supply chains. As a result, they need to take appropriate measures. In the future, there is a possibility of disputes arising wherein shareholders hold management accountable for insufficient responses to these issues.

Sharing information and insights is essential for us. While we are specialists in dispute resolution, there are cases where we need to seek assistance from experts in other fields. As an example, cross-border cases require collaboration with foreign law firms. Even in domestic cases, when a complex legal issue arises, we sometimes seek judgements from similar foreign cases or obtain scholarly opinions. To facilitate these kinds of cases, we maintain close relationships with foreign law firms, as well as academics.

We continuously update our knowledge through publications, networks and conferences or events with lawyers from other practice areas, foreign legal professionals and other experts.

Remote court hearings via Microsoft Teams began in March 2024, providing greater flexibility in attending court procedures. In addition, documents have been submitted through the web system known as “Mints” since 2023. However, submitting a complaint via the web system is not yet permitted. This functionality is expected to be introduced with the court’s new web-based case management system, “TreeS” (tentative name).

Furthermore, the “Statutory Trial Period Litigation Proceedings” will soon be introduced. Under this system, upon the request of both parties, proceedings for certain actions (excluding those involving consumer contracts and individual civil labour disputes) must be concluded within six months from the commencement, with a decision rendered within one month thereafter.

If these measures are implemented, access to the courts will improve – and litigation procedures will become faster and more efficient.