Diverging or Converging? Litigation Rates in Japan and Germany (1995–2023)

This paper compares litigation rates in Japan and Germany from 1995 to 2023 using a functional approach that includes various forms of civil dispute resolution. It confirms the persistently low litigation levels in Japan, while Germany, despite higher absolute rates, exhibits a noticeable decline across all types of proceedings. Temporary peaks, such as Japan’s “litigation bubble” and Germany’s diesel litigation, illustrate the impact of mass claims. The findings highlight the growing role of digitalisation, particularly in facilitating large-scale litigation through standardisation. By contrasting the two legal systems, the paper identifies both country-specific and parallel developments, contributing to the debate on whether declining litigation rates reflect reduced demand for courts or a shift toward alternative dispute resolution mechanisms.