Tokyo Barrister: Start the law firm bankruptcy

Chapter 893 The Art of Manipulating Litigation Law

Chapter 893 The Art of Manipulating Litigation Law
How to prevent the arbitration initiated by Nippon Steel is indeed a huge problem.

It is impossible for the court to interfere.

In particular, the judicial authorities are particularly cautious about the revocation of arbitration awards.

The reason for caution is that in international trade, many cross-border trade contracts are subject to arbitration. This is because neither party is willing to go to the court of the other country to resolve conflicts and disputes. The next best option is to choose a neutral arbitration institution.

If a country's court arbitrarily revokes the decision made by an arbitration institution, it will bring great instability to both parties in international trade, and the other party will no longer trust the country's legal system.

The three great lawyers, Tanimoto, Tamashiro, and Abe, took advantage of this aspect of the arbitration procedure.

"The only ones who can deal with the arbitration institution are not the courts, but the soldiers - rough and brutal soldiers." A smile appeared on Kitahara's lips.

"Soldiers?" Miyakawa asked.

"That is, the police." Kitahara took out several thick file bags, "The materials Niwa compiled on the internal corruption of Nippon Steel are now useful."

"We will first use the first batch of materials, which are materials about corruption among some middle-level managers of Nippon Steel." Kitahara said, "For example, forged contracts, Nippon Steel's misappropriation of funds, etc."

This is a common method of internal corruption in companies.

That is, internal executives and external suppliers work together.

Signing a false contract.

Then, the company's funds are transferred to suppliers.

Executives and suppliers then divide the spoils.

"And, fortunately, some of these fake contracts have arbitration clauses." Beiyuan casually pulled out a contract from the file bag and pointed to the clauses inside.

"The problem hasn't been solved yet - what's the point of you reporting it to the police?" Imanishi said, "What does this have to do with those arbitration cases? Your report is only about the crime of occupational embezzlement. What is being investigated is the responsibility of the senior executives of Nippon Steel!"

"Why don't we try another angle?" Kitahara said with a smile, "These managers at Nippon Steel used fake contracts with suppliers to siphon off funds. We can first file a report for contract fraud."

"Contract fraud?"

Beiyuan nodded. "If it is a report of contract fraud, it means that the police must review contracts of similar situations. In the litigation law, there is a principle called-"

"First punish the people, then punish the people!" Miyagawa and Imanishi said almost in unison.

【First the criminal law, then the people】

[Although the law classifies various types of disputes, conflicts and disputes in reality often involve disputes under different laws, for example, criminal and civil cases at the same time. At this time, there is a procedural principle. It is called "criminal first, civil second". That is, criminal cases are handled first, and civil cases are handled after the criminal cases are handled. However, in practice, this legal provision often becomes an excuse and reason for the court to deliberately not accept civil cases.]

After hearing Kitahara's idea, Miyakawa said excitedly, "If the case is reported as contract fraud, the police must investigate Nippon Steel's supplier contracts. In this way, according to the principle of handling criminal cases first and civil cases later, these arbitration cases must be suspended and the results of the criminal cases must be awaited. At the same time, the claims of our workshop contractors have been declared to the bankruptcy administrator and are not affected by the criminal case!"

"That's right. Only in this way can we stop the pace of these arbitration institutions!" Kitahara said.

Jinxi didn't expect that in just a moment, this kid would come up with such a powerful method.

The principle of criminal first and civil second in litigation law is used to block the trial of arbitration cases.

Niwa was also surprised when she heard this. A few days ago, she was still worried that Kitahara would not use the corruption materials she had compiled in time. Unexpectedly, today, it would have a greater use. Niwa couldn't help but admire Kitahara even more.

This Kitahara——

It really seemed as if he had calculated every move of the enemy.

Soon, without further ado.

Kitahara and his team immediately prepared the documents. When the bankruptcy administrator first received Kitahara's documents, he was surprised, but he had no choice but to do as he was told. Kitahara coerced and bribed the bankruptcy administrator not to disclose these matters to Tanimoto and others. Therefore, the lawyers at Nippon Steel were not aware of it. The Tokyo Police Department quickly accepted the case and officially filed a case for contract fraud.

Then, in the police station, Kitahara and others informed the various arbitration institutions about the cases involving Nippon Steel. The police from the Economic Crime Division immediately agreed that these arbitration cases should be suspended so that the police could examine whether there was any suspicion of fraudulent contracts.

……

A few days later, at 11:23 am.

The building of the Tokyo Commercial Arbitration Association. The Tokyo Commercial Arbitration Association is the most famous arbitration institution in this country. The building here is also magnificent and very impressive. The corridor is covered with high-quality soft carpets. When leather shoes step on it, it even feels like stepping on sponges, and there is no hard wooden floor.

As for the conference rooms in the building used for arbitration hearings, they are decorated particularly luxuriously. Beautiful floor-to-ceiling windows and expensive conference round tables are standard features of each arbitration hearing room.

By this time, almost every arbitration meeting room in the building was full.

It was the Nippon Steel case that was being conducted inside.

Lawyer Yucheng was busy holding arbitration sessions in Arbitration Room 1305. Over the past few days, she had been holding sessions one after another like a revolving lantern, handling these cases related to Nippon Steel like an assembly line.

The Tokyo Commercial Arbitration Association also gave its full cooperation.

An arbitration case is heard almost every twenty minutes.

After all, these are all false cases.

Neither Nippon Steel nor the shell company will mount an effective defense.

Basically, one party makes an arbitration request and the other party directly acknowledges it.

Therefore, the process of each case is very fast.

But even so, people will feel tired after doing it for a long time.

Yucheng Lawyers has already held hundreds of arbitration courts here.

At this moment, the door of the conference room suddenly opened with a bang. Everyone in the arbitration session was startled.

Yucheng couldn't help but shudder and stood up.

After all, arbitration is highly private.

It is different from a court trial.