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Motion for a Judge Recusal [Table of Contents]
Chapter 1 The purpose of filing the motion
Chapter 2 The reasons for filing the motion
1. There is a risk of an unfair trial.
（１）Insights into the Antimonopoly Act
（２）Control of legal proceedings by Judge Kikui who is biased in favour of Amazon.
（３）Denied a right to a fair trial
（４）Unjustifiable order not required by law
2. Presence of facts which hinder fairness
（１）The Court removed one of the matters of explanation which was requested from Amazon and was written in the document on 18 September 2024
（２）Judge Kikui did not choose to address the issue that the Claimant considers to be the most important in the lawsuit.
（３）Whilst ensuring the lawsuit was not disclosed to the public, Judge Kikui permitted an anonymous Amazon employee to intervene.
（４）Judge Kikui did not discuss the issues that were listed as matters to be confirmed, scheduled to be discussed in the trial (preliminary hearing), and caused disadvantage to the Claimant.
（５）Judge Kikui selected an issue which was not on the list to be argued in the preliminary hearing. Moreover, having imposed his opinion, which the Claimant found difficult to understand, he compelled the Claimant to agree that the obvious fact whereby Amazon themselves committed an IP infringement (trademark violation) would not be discussed in the Court.
（６）The preliminary hearing held on 30 January 2025 was scheduled to last for two hours. However, it was closed after one hour and only the Claimant had to leave the Court room.
（７）The work undertaken by the Claimant, which was associated with retrieving the disbenefits in the lawsuit repeatedly imposed by Judge Kikui, are imposing a considerable burden on her.
3. Due to the above-mentioned reasons, the facts regarding Judge Kikui lacking the ‘ability or quality required for a fair judgement’ exist.
4. The Court does not need to make a decision of summary dismissal.
Chapter 3 Conclusion
