Satisfaction with Preliminary Injunctions and Merits – A behavioral Economics Approach –

Abstract

Satisfaction with preliminary injunctions (PIs) exceeds satisfaction with merits in the Japanese civil courts. This has resulted in the ratio of the ongoing merit process of PIs being below the appeals ratio of merits. Apparently, the more accurate and cautious examination given in the merits court is not easily accepted, while the faster and simpler decisions of PIs are accepted. This may be because of the costs of legal processes for PIs and merits. Furthermore, given the low probability of winning a suit in an appeals court in practice, the approach of behavioral economics is recommended in this situation.