Litigation 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

CHAMBERS GLOBAL PRACTICE GUIDES

Litigation 2025

Definitive global law guides offering comparative analysis from top-ranked lawyers

Contributing Editor Gary Born Wilmer Cutler Pickering Hale and Dorr

Global Practice Guides

Litigation

Contributing Editor Gary Born WilmerHale

2025

Chambers Global Practice Guides For more than 20 years, Chambers Global Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Global Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted.

GPG Director Katie Burrington Content Management Director Claire Oxborrow Content Manager Jonathan Mendelowitz Senior Content Reviewer Sally McGonigal, Ethne Withers

Content Reviewers Vivienne Button, Lawrence Garrett, Sean Marshall, Marianne Page, Heather Palomino, Deborah Sinclair, Stephen Dinkeldein and Adrian Ciechacki Content Coordination Manager Nancy Laidler Senior Content Coordinator Carla Cagnina Content Coordinators Delicia Tasinda and Hannah Leinmüller Head of Production Jasper John Production Coordinator Genevieve Sibayan

Published by Chambers and Partners 165 Fleet Street London EC4A 2AE Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambers.com

Contents

INTRODUCTION Contributed by Gary Born and Matteo Angelini, WilmerHale p.7

BRITISH VIRGIN ISLANDS Law and Practice p.191 Contributed by Carey Olsen

ANGOLA Law and Practice p.11 Contributed by FBL ADVOGADOS AUSTRALIA Law and Practice p.29 Contributed by Banton Group Trends and Developments p.43 Contributed by Banton Group

CANADA Law and Practice p.218

Contributed by Lawson Lundell LLP Trends and Developments p.242 Contributed by Lawson Lundell LLP

CAYMAN ISLANDS Law and Practice p.251 Contributed by Carey Olsen

AUSTRIA Law and Practice p.48 Contributed by KNOETZL HAUGENEDER NETAL GmbH Trends and Developments p.74 Contributed by KNOETZL HAUGENEDER NETAL GmbH BAHAMAS Law and Practice p.80 Contributed by McKinney, Bancroft & Hughes Trends and Developments p.94 Contributed by McKinney, Bancroft & Hughes

CHILE Trends and Developments p.278 Contributed by Fleischmann & Román Abogados CHINA Law and Practice p.284 Contributed by CCPIT Patent and Trademark Law Office Trends and Developments p.306 Contributed by Lawjay Partners

CUBA Trends and Developments p.312 Contributed by Akerman LLP

BELGIUM Law and Practice p.100 Contributed by Janson

CYPRUS Law and Practice p.321 Contributed by Scordis, Papapetrou & Co LLC Trends and Developments p.342 Contributed by Scordis, Papapetrou & Co LLC DENMARK Law and Practice p.349 Contributed by Fabritius Tengnagel & Heine

BERMUDA Law and Practice p.118 Contributed by Carey Olsen Bermuda Limited BELIZE Law and Practice p.142 Contributed by Barrow and Williams LLP

Trends and Developments p.372 Contributed by Gorrissen Federspiel EGYPT Law and Practice p.380 Contributed by Shehata & Partners

BRAZIL Law and Practice p.162

Contributed by Villamil Advogados Trends and Developments p.185 Contributed by Akel Advogados

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Contents

ENGLAND & WALES Law and Practice p.405

ITALY Law and Practice p.651

Contributed by Slaughter and May Trends and Developments p.430 Contributed by Maltin PR

Contributed by Eversheds Sutherland Trends and Developments p.677 Contributed by Eversheds Sutherland JAPAN Law and Practice p.686 Contributed by Anderson Mori & Tomotsune Trends and Developments p.706 Contributed by SHUSAKU · YAMAMOTO

FRANCE Law and Practice p.436

Contributed by Kiejman & Marembert Trends and Developments p.459 Contributed by Jeantet

GERMANY Law and Practice p.466 Contributed by Pfitzner Legal

JERSEY Law and Practice p.715 Contributed by Carey Olsen

GREECE Law and Practice p.493 Contributed by Moussas & Partners

KUWAIT Law and Practice p.740 Contributed by Taher Group Law Firm Co

GUERNSEY Law and Practice p.521 Contributed by Carey Olsen

LEBANON Law and Practice p.765 Contributed by Obeid & Partners

HUNGARY Law and Practice p.544 Contributed by PROVARIS Varga & Partners Trends and Developments p.577 Contributed by PROVARIS Varga & Partners INDIA Law and Practice p.585 Contributed by Cyril Amarchand Mangaldas Trends and Developments p.611 Contributed by Chambers of Sidharth Luthra

LIECHTENSTEIN Law and Practice p.792 Contributed by Schurti Partners Attorneys at Law Ltd Trends and Developments p.815 Contributed by Nueber Konzett Attorneys-at-Law

LUXEMBOURG Law and Practice p.821 Contributed by BSP MACAU SAR, CHINA Law and Practice p.840

Contributed by Riquito Advogados Trends and Developments p.866 Contributed by Riquito Advogados MALAYSIA Law and Practice p.874 Contributed by Shearn Delamore & Co Trends and Developments p.898 Contributed by Shearn Delamore & Co

INDONESIA Law and Practice p.619 Contributed by SSEK Law Firm Trends and Developments p.644 Contributed by SSEK Law Firm

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Contents

MALTA Law and Practice p.906 Contributed by Ganado Advocates MAURITIUS Law and Practice p.932 Contributed by BLC Robert & Associates MEXICO Law and Practice p.956 Contributed by Von Wobeser y Sierra, SC Trends and Developments p.976 Contributed by White & Case, S.C.

PORTUGAL Law and Practice p.1145 Contributed by PLMJ

Trends and Developments p.1171 Contributed by Abreu Advogados

ROMANIA Law and Practice p.1179 Contributed by Zamfirescu Racoți Vasile & Partners Attorneys At Law Trends and Developments p.1203 Contributed by Zamfirescu Racoți Vasile & Partners Attorneys At Law

SAUDI ARABIA Law and Practice p.1208 Contributed by Derayah LLPC

MONACO Law and Practice p.984 Contributed by CMS Monaco NETHERLANDS Law and Practice p.1002 Contributed by Florent B.V.

SINGAPORE Law and Practice p.1228

Contributed by Drew & Napier LLC Trends and Developments p.1261 Contributed by WongPartnership LLP

NIGERIA Law and Practice p.1029 Contributed by G. Elias Trends and Developments p.1053 Contributed by Kenna Partners

SOUTH KOREA Law and Practice p.1270 Contributed by Kim & Chang

SPAIN Law and Practice p.1294 Contributed by Lopez-Ibor DPM Trends and Developments p.1316 Contributed by Lopez-Ibor DPM

NORWAY Law and Practice p.1062 Contributed by Advokatfirmaet Simonsen Vogt Wiig Trends and Developments p.1086 Contributed by Advokatfirmaet Simonsen Vogt Wiig PHILIPPINES Law and Practice p.1093 Contributed by Angara Abello Concepcion Regala & Cruz Trends and Developments p.1117 Contributed by Angara Abello Concepcion Regala & Cruz POLAND Law and Practice p.1124 Contributed by Sołtysiński Kawecki & Szlęzak

SWEDEN Law and Practice p.1325 Contributed by Delphi

TAIWAN Law and Practice p.1349 Contributed by Formosa Transnational Attorneys At Law

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Contents

THAILAND Law and Practice p.1374 Contributed by Tilleke & Gibbins Trends and Developments p.1395 Contributed by Pisut & Partners TÜRKIYE Law and Practice p.1403 Contributed by Aktay Law Firm Trends and Developments p.1425 Contributed by Aktay Law Firm

USA – ILLINOIS Trends and Developments p.1487 Contributed by Much Shelist USA – NEVADA Trends and Developments p.1494 Contributed by Mead Law Group USA – NEW YORK Trends and Developments p.1501 Contributed by Perry Law USA – WASHINGTON Trends and Developments p.1508 Contributed by Summit Law Group VIETNAM Law and Practice p.1515 Contributed by Le & Tran Trends and Developments p.1540 Contributed by Le & Tran

USA Law and Practice p.1433 Contributed by Ajamie LLP Trends and Developments p.1462 Contributed by Kasowitz Benson Torres LLP USA – CALIFORNIA Trends and Developments p.1469 Contributed by Alto Litigation USA – FLORIDA Trends and Developments p.1481 Contributed by Berk, Merchant & Sims

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INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale

WilmerHale has a global team of 500 litigators and controversy specialists who handle highly complex and sensitive matters in all aspects of litigation. The practice is geographically and substantively diverse – with 11 offices in the USA, Europe and Asia – and its lawyers appear in many types of proceedings with various pre- trial, trial and appellate objectives. The firm has played an integral role in some of the most sig- nificant recent cases in the US Supreme Court and other US courts, the ECJ, the English courts

(including the High Court, Court of Appeal and Supreme Court) and German national courts. Its experience covers a wide range of industry sectors, including finance, software, IT, manu- facturing, oil and gas, and aviation. The broad litigation practice is divided into several more specific practice areas: appellate and Supreme Court litigation, business trial group, govern- ment and regulatory litigation, IP litigation, inter- national arbitration, international litigation, and white-collar defence and investigations.

Contributing Editors

Gary Born is chair of the international arbitration group at WilmerHale, and also advises on the litigation of international disputes in US courts. He has particular experience in

Matteo Angelini is a counsel at WilmerHale. He focuses on international arbitration and English High Court litigation, and

has experience of arbitrations under a variety of institutional rules (including the ICC, LCIA, SIAC and UNCITRAL rules) involving both common law and civil law disputes. He has particular experience in oil and gas, technology, M&A and joint venture disputes, and regularly advises government and private sector clients on international law issues. Matteo is qualified as a barrister in England and Wales, and is a graduate of St Catherine’s College, Oxford University.

jurisdiction, enforcement of judgments, conflict of laws and international judicial co-operation, and also serves as an expert witness on aspects of US private international law in foreign proceedings. Gary has served as counsel in more than 675 arbitrations, and has sat as arbitrator in more than 250 institutional and ad hoc arbitrations. He is a pre-eminent authority in the field, renowned as the author of International Commercial Arbitration (3rd ed 2021 Kluwer International), International Arbitration: Law and Practice (3rd ed 2021), International Civil Litigation in U.S. Courts (6th ed 2018) and a number of other works.

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INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale

WilmerHale 49 Park Lane

London W1K 1PS United Kingdom Tel: +44 0 20 7872 1000 Email: gary.born@wilmerhale.com Web: www.wilmerhale.com

Litigation in 2025 The global economy appears to have turned a corner in 2024. The combination of declining inflation, decreasing interest rates and more accommodative monetary policies in most G20 economies has strengthened international trade and led to a steady global GDP growth of over 3% in 2024. This has led many corporations to increase their litigation spend and budgets, and to an increased appetite for litigation. Whilst the global economy shows signs of improvement, the global litigation landscape continues to be dominated by significant geopo- litical risk: Russia and Belarus-related sanctions have impacted commercial activity across the globe, while energy and climate change-relat- ed regulation and conflicts in Ukraine and the Middle East continue to be politically polarising London remains a popular choice for dispute resolution. It is the world’s leading centre for international dispute resolution by litigation and, equally with Singapore, by arbitration, according to the Queen Mary University of London Interna- tional Arbitration Survey. issues. Europe

In Europe, one major change is the facilitation of collective or class actions. Under the Rep- resentative Actions Directive, all EU member states are now required to have at least one procedural mechanism in place for consumers to seek collective redress. Recent data shows a continuous and dramatic rise in class actions being filed in Europe in recent years, with 133 class actions filed in 2023. This is a record-high number, and represents a 93% increase in class actions from 2019. The UK has experienced a similar relentless growth in class actions. According to one recent survey, up to the end of 2023, competition class actions involving over 500 million class members were filed in the UK, with claimed quantum now exceeding GBP120 billion. In Europe, a number of EU member states con- tinue to seek to attract litigation cases that tra- ditionally go to the English courts. France and the Netherlands have created their own spe- cialist commercial courts where judges have experience in private international law to cater to international disputes. Germany has estab- lished English-speaking commercial courts, and Switzerland is taking similar steps. Starting from 1 January 2025, cantons in Switzerland will be permitted to establish international commercial

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INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale

courts where proceedings can be conducted in English. Despite these new arrivals, the impact on the English courts that some considered would result from Brexit has not materialised: UK exports of legal services continue to grow exponentially, second in size only to the United States. Middle East and Asia The establishment of international-facing courts in Europe follows an earlier trend in the Middle East and Asia. In the UAE in particular, the Courts of the finan- cial free zones of the Dubai International Finan- cial Centre and Abu Dhabi Global Market and the Qatar International Court are starting to rival London as the commercial court of choice for many international litigants. Elsewhere in Asia, the Singapore International Commercial Court, the Astana International Financial Centre Court and the China International Commercial Court all specialise in the resolution of cross-border commercial disputes and, for the most part, use English as the language of proceedings. Cas- es in these courts are often decided by senior judges and lawyers drawn from multiple juris- dictions (except in the China International Com- mercial Court, where the judges are exclusively Chinese). The establishment of international courts in the Middle East and Asia certainly reflects the east- ward shift in economic growth and opportunity. However, all these courts are ultimately mod- elled on the Commercial Court of England and Wales. The USA In the USA, many of the unilateralist and protec- tionist trade policies of the Trump administra-

tion largely remained in place under the Biden administration. In his presidential campaign, Trump advocated for further protectionist meas- ures, including a 20% blanket tariff on imports. It remains to be seen whether this policy will be implemented but it is safe to say that US protec- tionism will continue in the forthcoming Trump administration. More broadly, in recent years the USA has become increasingly hostile towards interna- tional trade treaties that commit the USA to resolving disputes by arbitration or other means of international dispute resolution. The USA has withdrawn from the Trans-Pacific Partnership (TPP) and has ruled out joining the Comprehen- sive and Progressive Agreement for Trans-Pacif- ic Partnership (CPTPP). It has also renegotiated trade agreements with Mexico and Canada (NAFTA) and South Korea (KORUS). State courts in jurisdictions such as New York and California nevertheless remain attractive choices when international litigants enter into jurisdiction agreements. Where no jurisdiction agreement exists, the US Supreme Court has scaled back US courts’ power to assume juris- diction over foreign companies in disputes that have arisen outside the USA (Goodyear Dun- lop Tires Operations SA v Brown, Daimler AG v Bauman, BNSF Railway Co v Tyrrell and Bristol- Myers Squibb v Superior Court of California). This change is welcomed by foreign litigants who are anxious about the US courts exercising jurisdiction over disputes that have no connec- tion to the USA. In 2024, the US Supreme Court has continued its long tradition of supporting international arbi- tration. In Smith v Spizziri, the Supreme Court resolved a circuit split over whether Federal Arbitration Act, 9 U.S.C. § 3 requires a court to

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INTRODUCTION Contributed by: Gary Born and Matteo Angelini, WilmerHale

stay proceedings after compelling arbitration. The Supreme Court held that court proceedings are automatically stayed, thereby protecting the benefits of arbitration as a more efficient and cheaper form of dispute resolution. In Yegiazaryan v Smagin, the Supreme Court ruled that RICO (the US racketeering law) is available as a mechanism to enforce foreign arbitral awards in the US. This adds a poten- tially powerful tool for the enforcement of arbitral awards in the United States: it gives judgment creditors another avenue to enforce against third parties involved in racketeering, and leaves open the possibility of obtaining treble damages and Despite attempts by newly formed courts to attract international business, arbitration remains the preferred form of dispute resolution for busi- nesses operating across borders. In the recent Queen Mary University of London International Arbitration Survey, 90% of respondents chose international arbitration – on its own or with other forms of ADR – as their preferred means of dis- pute resolution in international contracts. The cornerstone of international arbitration’s success is the New York Convention, ratified by 172 states, which celebrated its 66th anniversary in 2024. The Convention protects the enforce- ment of arbitration agreements and awards, ensuring – with rare exceptions – that arbitral awards can be enforced against award debtors. In its global reach and in its success, the New York Convention remains unparalleled in other forms of international dispute resolution. Use of technology in dispute resolution recovering legal costs. International arbitration It is now clear that the COVID-19 pandemic will have a lasting and profound effect on the man-

ner in which global litigation is conducted. The primary trend that emerged is the development and accelerated use of online platforms for the commencement and conduct of litigation. In the post-pandemic world, online or remote hearings have become increasingly common, and many jurisdictions have adopted detailed protocols for the conduct of online hearings that focus on ensuring procedural fairness, efficiency, confi- dentiality and security. Looking ahead to new challenges Two key new global challenges that pose signifi- cant litigation risk are the regulation of crypto- assets and environmental regulation. These are politically polarising issues, as the US presiden- tial election highlighted. Along with a rapidly evolving regulatory landscape, an increasing number of disputes relating to crypto-assets and blockchain technologies are giving rise to com- plex legal challenges posed by the novel nature of the assets themselves. Climate change- related litigation also poses novel legal issues, including concerning questions of justiciability and the role of human rights law and remedies in climate change litigation. A continued, expo- nential rise in litigation in both these areas is expected. Cybersecurity and data disputes also continue to increase, as cyber-attacks pose an increasing threat to businesses across the globe that hold sensitive commercial information. The shift to digital working and rapid advances in the use of artificial intelligence have increased this threat. According to a recent report published by QBE, the number of cyber-attacks taking place each year has more than doubled since 2020. This has generated a wave of cybersecurity-related litiga- tion, which is expected to continue into 2025.

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ANGOLA Law and Practice Contributed by: Cecília Mungongo FBL ADVOGADOS

Democratic Republic of the Congo

Luanda

Angola

Zambia

Namibia

Contents 1. General p.15 1.1 General Characteristics of the Legal System p.15 1.2 Court System p.15

1.3 Court Filings and Proceedings p.16 1.4 Legal Representation in Court p.16 2. Litigation Funding p.16

2.1 Third-Party Litigation Funding p.16 2.2 Third-Party Funding: Lawsuits p.16 2.3 Third-Party Funding for Plaintiff and Defendant p.16 2.4 Minimum and Maximum Amounts of Third-Party Funding p.16 2.5 Types of Costs Considered Under Third-Party Funding p.16 2.6 Contingency Fees p.16 2.7 Time Limit for Obtaining Third-Party Funding p.16 3. Initiating a Lawsuit p.16 3.1 Rules on Pre-action Conduct p.16 3.2 Statutes of Limitations p.17 3.3 Jurisdictional Requirements for a Defendant p.17

3.4 Initial Complaint p.17 3.5 Rules of Service p.17 3.6 Failure to Respond p.17

3.7 Representative or Collective Actions p.18 3.8 Requirements for Cost Estimate p.18 4. Pre-trial Proceedings p.18

4.1 Interim Applications/Motions p.18 4.2 Early Judgment Applications p.18 4.3 Dispositive Motions p.18 4.4 Requirements for Interested Parties to Join a Lawsuit p.18 4.5 Applications for Security for Defendant’s Costs p.19 4.6 Costs of Interim Applications/Motions p.19 4.7 Application/Motion Timeframe p.19

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ANGOLA CONTENTS

5. Discovery p.19 5.1 Discovery and Civil Cases p.19 5.2 Discovery and Third Parties p.19 5.3 Discovery in This Jurisdiction p.19 5.4 Alternatives to Discovery Mechanisms p.20 5.5 Legal Privilege p.20 5.6 Rules Disallowing Disclosure of a Document p.20 6. Injunctive Relief p.20 6.1 Circumstances of Injunctive Relief p.20 6.2 Arrangements for Obtaining Urgent Injunctive Relief p.21 6.3 Availability of Injunctive Relief on an Ex Parte Basis p.21 6.4 Liability for Damages for the Applicant p.21 6.5 Respondent’s Worldwide Assets and Injunctive Relief p.21 6.6 Third Parties and Injunctive Relief p.21 6.7 Consequences of a Respondent’s Non-compliance p.21 7. Trials and Hearings p.21 7.1 Trial Proceedings p.21 7.2 Case Management Hearings p.22 7.3 Jury Trials in Civil Cases p.22 7.4 Rules That Govern Admission of Evidence p.22 7.5 Expert Testimony p.22 7.6 Extent to Which Hearings Are Open to the Public p.22 7.7 Level of Intervention by a Judge p.23 7.8 General Timeframes for Proceedings p.23 8. Settlement p.24 8.1 Court Approval p.24 8.2 Settlement of Lawsuits and Confidentiality p.24 8.3 Enforcement of Settlement Agreements p.24 8.4 Setting Aside Settlement Agreements p.24 9. Damages and Judgment p.24 9.1 Awards Available to the Successful Litigant p.24 9.2 Rules Regarding Damages p.24 9.3 Pre-judgment and Post-judgment Interest p.25 9.4 Enforcement Mechanisms of a Domestic Judgment p.25 9.5 Enforcement of a Judgment From a Foreign Country p.25

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ANGOLA CONTENTS

10. Appeal p.25 10.1 Levels of Appeal or Review to a Litigation p.25 10.2 Rules Concerning Appeals of Judgments p.26 10.3 Procedure for Taking an Appeal p.26

10.4 Issues Considered by the Appeal Court at an Appeal p.26 10.5 Court-Imposed Conditions on Granting an Appeal p.26 10.6 Powers of the Appellate Court After an Appeal Hearing p.26 11. Costs p.27 11.1 Responsibility for Paying the Costs of Litigation p.27 11.2 Factors Considered When Awarding Costs p.27 11.3 Interest Awarded on Costs p.27 12. Alternative Dispute Resolution (ADR) p.27

12.1 Views of ADR Within the Country p.27 12.2 ADR Within the Legal System p.27 12.3 ADR Institutions p.27 13. Arbitration p.27

13.1 Laws Regarding the Conduct of Arbitration p.27 13.2 Subject Matters Not Referred to Arbitration p.28 13.3 Circumstances to Challenge an Arbitral Award p.28 13.4 Procedure for Enforcing Domestic and Foreign Arbitration p.28 14. Outlook p.28 14.1 Proposals for Dispute Resolution Reform p.28 14.2 Growth Areas p.28

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

FBL ADVOGADOS is an experienced, full-ser- vice law firm whose senior partners have wide, reputable and professional backgrounds going back to 1978. With headquarters in Luanda, the firm provides services throughout the Angola territory in various matters, including corporate and private investment, finance and banking, natural resources, debt collection and insolven- cy, litigation, labour, industrial property, tax and administrative law, and criminal law. In order

to address the needs and concerns of clients whose activities and interests extend beyond Angolan borders, FBL ADVOGADOS keeps agreements with many reputable law firms throughout all continents, and is the exclusive Angolan member of Lex Africa, the largest and most prestigious law firm network in Africa. FBL ADVOGADOS has eight partners and around 30 lawyers, while its litigation team includes three partners and seven associate lawyers.

Author

Cecília Mungongo has been practising law for seven years. She is a member of the Angolan Bar Association and the Commission for the Supervision of Money Laundering, Terrorist

Financing and Proliferation of Weapons of Mass Destruction of the Bar Association. After having done her law internship at Legal Office Angola, she joined FBL ADVOGADOS in 2017 and has dedicated her professional activity mainly to criminal law and criminal procedure, labour law and labour litigation, civil law, and commercial law and civil litigation.

FBL ADVOGADOS Kitanda Plaza Building, 2nd floor Cirilo da Conceição Silva Street, Nº 12-20

Luanda Angola

Tel: +244 222 397 073 Fax: +244 222 393 273 Email: fbl@fbladvogados.com Web: www.fbladvogados.com

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

1. General 1.1 General Characteristics of the Legal System Angola’s legal system is of the civil law type. As a former Portuguese colony, Angola inherited this legal system from Portugal and still adopts some important legal diplomas that were in force before the date of its independence. The procedural model is dialectical and the par- ties are generally allowed to submit successive pleadings and applications. Every application filed, by either party, that may affect the rights of the opponent shall be notified to the other party for opposition purposes. The process is typically a written one but provides for hearings for the oral discussion of technical issues, for attempts at conciliation, evidence and closing arguments. 1.2 Court System Under the Angolan Constitution, the highest courts are the Constitutional Court, the Supreme Court, the Supreme Military Court and the Court of Auditors. Until 2015, ordinary jurisdiction was based on only two levels of courts: the Supreme Court and the Provincial Courts. Law No 2/15 of 2 Janu- ary 2015 created a new structure for the ordi- nary judicial system, which was amended again with the entry into force of Law No 29/22 of 29 August 2015 – Organic Law on the Organisation and Functioning of the Ordinary Courts of Juris- diction, although this is not such a substantial change in general terms. Under this new law, the judicial system is made up of the Supreme Court as the highest court in the hierarchy of the Common Courts, with the District Courts as the courts of first instance and the Court of Appeal as the second instance.

The District Courts have Chambers and Sections that are designated by their jurisdiction by rea- son of the subject matter, as follows: • Civil and Administrative; • Criminal; • Family; • Labour; • Commerce; • Intellectual and Industrial Property; • Administrative, Tax and Customs Litigation; • Maritime Matters; and • Civil and Penalty Enforcements. In addition, if justified, Specialised Competence Rooms may be created in each of the subjects. The Supreme Court and the Court of Appeal have the following specialised Chambers: • Criminal; • Civil; • Administrative, Tax and Customs Litigation; • Labour; and • Family and Juvenile Justice. Where the workload so requires, the Supreme Court may order that those chambers be sub- divided. The Supreme Court and the Court of Appeal have the following specialised Sections: • Criminal; • Civil; • Administrative, Tax and Customs Litigation; • Labour; and • Family and Juvenile Justice. Judgments of the Court of Appeal can be appealed to the Supreme Court and from there to the Constitutional Court if they offend fun-

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

damental principles or rights enshrined in the Constitution. 1.3 Court Filings and Proceedings Access to and examination of a lawsuit is only permitted for the parties and their attorneys; there is no formal ban on opening hearings to the public, but there are many reasons why the court may prohibit the publicity of hearings. This is the case when it comes to matters or interests related to children or young people, intimacy or the honour of persons, personal data, and pro- fessional or trade secrets. After they have been notified, judgments and explanations of votes, if any, must be disclosed in full on the respective websites, as well as in official publications of said courts, safeguarding the identity of the parties. 1.4 Legal Representation in Court In most cases, the parties must be represented by attorneys. Only lawyers registered with the Angolan Bar are permitted to practise law in Angola; no party may be represented in court by a lawyer who is not registered. Although the registration of for- eign lawyers with the Angolan Bar is not totally prohibited, such membership is currently very restrictive, which makes it very difficult for for- eign lawyers to register. 2. Litigation Funding 2.1 Third-Party Litigation Funding Litigation funding is not expressly provided for or practised in Angola, but neither is it expressly prohibited. Under the principle of contractual freedom, it must be assumed that such funding

is permitted in the terms of the Civil Code and commercial and financial regulations. 2.2 Third-Party Funding: Lawsuits As third-party funding is neither prohibited nor regulated, it is allowed for any type of proceed- ings. 2.3 Third-Party Funding for Plaintiff and Defendant Third-party funding should be considered admis- sible for either plaintiffs or defendants. 2.4 Minimum and Maximum Amounts of Third-Party Funding There are no minimums or maximums stipulated for third-party funding. 2.5 Types of Costs Considered Under Third-Party Funding Any court costs, professional fees and other related costs may be considered for third-party funding. 2.6 Contingency Fees Angolan law does not allow quota litis – ie, fees set exclusively on a contingency basis. However, success fees are allowed and commonly used. 2.7 Time Limit for Obtaining Third-Party Funding There is no deadline for obtaining third-party funding.

3. Initiating a Lawsuit 3.1 Rules on Pre-action Conduct

No pre-trial action is legally required before start- ing a court case. Exceptions occur in labour lawsuits, where a pre-trial conciliation attempt is compulsory in most cases.

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

3.2 Statutes of Limitations The civil law differentiates between limitation periods according to the kind of liability with regard to the origin of the obligation. The general limitation period for contractual liability is 20 years, but only three years for non- contractual liability. However, in the case of con- tractual liability, the limitations may be shorter in certain cases, such as accommodation or pro- fessional fees. In the case of non-contractual liability, if the fact giving rise to the obligation also constitutes a crime, the criminal statutes of limitations apply. 3.3 Jurisdictional Requirements for a Defendant The jurisdiction of Angolan courts depends on any of the following circumstances: • if the jurisdiction is attributed to Angolan courts by the domestic rules on territorial jurisdiction; • if the facts on which the lawsuit is based were practised in Angola; • if the defendant is foreign and the plaintiff is Angolan, provided that, in reverse, the Ango- lan could be sued by the courts of the foreign country; or • if the effectiveness of the lawsuit is only pos- sible in Angola, provided that there is any personal or material connection with Angola. Following internal territorial rules, jurisdiction should still be attributed to Angolan courts in a lawsuit relating to real estate located in Angola or when the lawsuit action seeks the fulfilment of obligations that must occur in Angola or the payment of compensation. In the case of non- contractual liability, jurisdiction belongs to the court of the place where the unlawful act was committed.

3.4 Initial Complaint The initial complaint must be addressed to the court with jurisdiction, indicating the parties and the form of the proceedings (common or special proceeding); if common, the proceedings may be ordinary or summary. The complaint should describe the subject matter and applicable law, ending with the remedies sought. All documents supporting the alleged subject matter should be lodged alongside the complaint. The plaintiff is also required to file a power of attorney and evidence of the fulfilment of income tax duties (if the claim is related to any activity that is subject to tax payment). If the plaintiff is a corporation, a certificate of incorporation should also be filed, and the evidence of the fulfilment of annual income tax duties is always due. 3.5 Rules of Service The summons is always served by the court, by an official or court clerk when possible. If the defendant is a corporation, the summons shall be served to its legal representative; in excep- tional circumstances, where it is proved that it was not possible to summon the legal repre- sentative, the summons may be served to any company employee. If the summons cannot be served personally due to the whereabouts of the defendant being unknown, it may be made by the publication of edicts. The servicing of defendants residing in a for- eign country is usually by registered letter with acknowledged receipt, unless otherwise pro- vided for in any Convention or Treaty. 3.6 Failure to Respond If the defendant does not reply to the complaint, the facts alleged by the plaintiff are considered proven, provided that they are related to dis- posable rights. Once the facts are considered

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

4. Pre-trial Proceedings 4.1 Interim Applications/Motions

proven, the plaintiff will be given a notice for filing closing written arguments and the court shall issue the judgment in accordance with the applicable law. If the lawsuit relates to non-disposable rights, the plaintiff will have to produce evidence of the alleged facts. 3.7 Representative or Collective Actions The commencement of collective actions is a right enshrined in constitutional law. However, although this right is reflected in several other laws, the form of its exercise is not specifically regulated. It is commonly admitted that collec- tive actions are allowed in some cases, such as actions brought by unions, professional or consumer associations. Collective actions fol- low the procedure provided for in the civil pro- cedural law. 3.8 Requirements for Cost Estimate Lawyers’ fees are freely set between lawyer and client. It is advisable for an engagement letter to be produced, or at least for the conditions to be set by written communication. The court tax code ( Código de Custas Judiciais ) sets the amounts for court fees and other appli- cable court costs. The value of the court fees is calculated on the basis of the value attributed to the lawsuit by applying the legal table. This table of fees is regressive – ie, the rate decreases as the process value increases. Furthermore, there is a maximum limit for the court tax, regardless of the lawsuit value.

Interim applications are allowed for certain pur- poses, such as injunctive relief, early proof pro- duction, amendment of statement of case (only until reply to the opposition), extension of time or enabling successors. 4.2 Early Judgment Applications An early judgment is admitted, either in respect of procedural matters or on the merits. The par- ties may apply, in the pleadings, for an early judgment in respect of legal matters such as the jurisdiction of the court, the legal standing of the parts and any other legal questions that may refrain the court from issuing a judgment on the merits. Regarding the judgment on the merits, and regardless of any request for this purpose, the court should consider whether there are suf- ficient grounds for a safe early judgment – ie, when there is no need for further evidence of the relevant facts. If so, the court may issue the judgment on the merits immediately. However, the law does not foresee partial judgments on the merits. 4.3 Dispositive Motions As stated in 4.2 Early Judgment Applications , it is only permitted to discuss the matter of fact or of law in foreseen proceedings. However, the parties are allowed to file late applications regarding supervening facts that may lead to dismissal or affect the judgment. 4.4 Requirements for Interested Parties to Join a Lawsuit Interested parties are allowed to intervene in the process in various circumstances. This interven- tion can be provoked by either party or can be

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

voluntary. Intervention provoked by the defend- ant is intended to share or exclude their respon- sibility and is based on the assumption that the new party has an interest identical to or compet- ing with one of the initial parties. The procedural position of the called person may be parallel to that of the plaintiff or the defendant. Interested parties may also intervene as assis- tants of the plaintiff or the defendant, in which case they will only have an auxiliary role for that party. An intervention at the request of the defendant shall be requested within the time limit for the opposition. If such request is filed by the plain- tiff, the time limit will be that for replying to the opposition. Where intervention is voluntary (to intervene as a party or to assist one of the ini- tial parties), such request should be submitted spontaneously at any time, provided that it is before the date of the trial has been designated or, if no trial is to take place, before any judgment has been handed down. The intervention of any interested person in the process is done through third-party intervention, “call to the authorship”, “call to the demand”, assistance, opposition and main intervention. 4.5 Applications for Security for Defendant’s Costs The defendant cannot request that the plaintiff makes a security payment for the defendant’s costs. 4.6 Costs of Interim Applications/ Motions To the extent that they do not fall under the com- mon procedure, interim applications are consid- ered incidents subject to additional court fees.

When lodged, the court sets the amount of these fees in accordance with the legal cost table. 4.7 Application/Motion Timeframe There is a general deadline of five calendar days for the judge to rule on any claims submitted by the parties; this period may differ for certain specific acts of the judge. The timeframes with- in which officers have to comply with their acts should always be added to these deadlines. In procedures that are considered legally urgent, some deadlines may be exceptionally short. However, it is normal for courts not to comply with these deadlines and therefore any applica- tions may not be ruled on for a much longer time. There are no discovery mechanisms in civil cases. However, there is a general duty of co- operation, which allows either party to request that any person or the opposing party delivers documents in their possession. 5.2 Discovery and Third Parties Only applying for a court order can prompt third parties to deliver documents in their possession. 5.3 Discovery in This Jurisdiction The law of civil procedure enshrines the principle of the co-operation of all persons to discover the truth, whether parties or third parties. However, the production of evidence within this co-opera- tion is ruled by court orders under either party’s request. Lawyers are not entitled to request any documents or information directly from any other person, except public registries. 5. Discovery 5.1 Discovery and Civil Cases

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

5.4 Alternatives to Discovery Mechanisms

• violates the privacy of personal and family life, human dignity or professional secrecy; • causes serious harm to the honour and con- sideration of a person or close family mem- ber; or • causes serious property damage to such persons. However, the party may never refuse to submit books and documents relating to its business accounts. Under the terms of Law No 11/15 of June 17 2015, every trader is obliged to file the correspondence issued and received, and their commercial bookkeeping and the documents relating to it, and must keep everything for a period of ten years; after this period, the trader is not obliged to produce such documents. Furthermore, within the ten-year period, the judicial exhibition of the commercial bookkeep- ing and related documents can only be ordered in favour of the interested parties, in matters of universal succession, communion or partnership and in the event of insolvency. 6. Injunctive Relief 6.1 Circumstances of Injunctive Relief Injunctive relief is allowed whenever someone has a justified fear that someone else may cause serious injury – before the action is brought or when it is pending – that becomes difficult to remedy. A further requirement is that the relief sought does not cause greater harm than the outcome intended to be avoided. The following different kinds of relief injunctions are specified by law: • seizure of assets; • impounding of goods;

The evidence may consist of documents, con- fessions of the parties, expert evidence, judicial inspection and witness evidence. Evidence must be produced at the trial on the initiative of the parties, and the court has the power to take all steps necessary to obtain such evidence. The parties must present the documents in their possession as evidence of the facts they claim alongside the pleadings. Expert evidence, judicial inspections and witness evidence should be indicated by the interested party previous to the trial. Confession may take the form of statements or omission of a response from either party in the pleadings concerning material facts alleged by the other party. Prior to the commencement of proceedings, or pending proceedings, the court may be request- ed to allow the earlier obtaining or production of evidence, including third-party testimony, where there is reason to fear that such evidence may not be obtained or produced later. 5.5 Legal Privilege The law recognises attorney-client privilege, encompassing the facts transmitted to each other as well as the work carried out with respect to the subject matter of the dispute. However, this privilege is controversial in the case of in-house lawyers; neither the law nor the scarce case law makes it possible to ensure that the privilege is maintained in this case. 5.6 Rules Disallowing Disclosure of a Document There are circumstances in which the party may refuse to submit documents, such as if they are privileged or if such presentation:

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

6.4 Liability for Damages for the Applicant

• suspension of corporate deliberations; • provisional restitution of possession; • embargo on new construction; and • provisional maintenance. There are also unspecified relief injunctions, usually seeking authorisation to practise certain acts, to subpoena the other party to refrain from certain conduct or to demand the delivery of assets to a depositary. The procedure for inhibiting someone from tak- ing legal action in another jurisdiction is not foreseen; in any case, such inhibition would only have effect in the Angolan jurisdiction, as it would not be binding in the other jurisdiction. 6.2 Arrangements for Obtaining Urgent Injunctive Relief Alongside the application, the applicant will offer summary evidence of the threatened right and of the fear of injury to that right. The court may order the notice of the opposing party if this does not endanger the purpose of the injunction; if it does, the other party may file an opposition. The court may also decide to hold a hearing for the production of evidence, if deemed necessary. There is no possibility to request the action out- side court hours. 6.3 Availability of Injunctive Relief on an Ex Parte Basis The relief may be obtained without notice being provided to the opposing party for the purpose of opposition, in some cases determined by law and where such notice might compromise the purpose of the relief injunction. In this case, the court may decide to hold a hearing for the pro- duction of evidence without the presence of the defendant.

If the injunction is found to be unjustifiable or lapses for reasons attributable to the claimant, the claimant is liable for any damage caused to the other party. The court may rule that the relief granted is made subject to the lodging of a bond by the claimant. In certain circumstances, the defendant may be allowed to replace the relief granted by a bond. 6.5 Respondent’s Worldwide Assets and Injunctive Relief The injunctive relief should apply only to assets located in the country. Therefore, the court shall not determine that the injunctive relief covers worldwide assets. 6.6 Third Parties and Injunctive Relief Injunctive relief cannot usually be obtained against third parties. However, it may affect third parties to the extent that they may hold any assets on behalf of or owned by the defendant. 6.7 Consequences of a Respondent’s Non-compliance If the defendant fails to comply, the consequenc- es depend on the kind of relief awarded. When enforcement is possible (for example, seizure or impounding of goods), the court will adopt all necessary means for such enforcement. In cases where enforcement is not possible, the defendant is liable for the damage they have caused the claimant by not complying.

7. Trials and Hearings 7.1 Trial Proceedings

After the pleadings, there is usually a trial hear- ing. The hearing is intended for the production of

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ANGOLA Law and Practice Contributed by: Cecília Mungongo, FBL ADVOGADOS

evidence and closing arguments of the parties, although in certain cases the closing arguments in matters of law may be filed after the hearings. Witnesses, experts and parties may be heard at the hearing. During the trial, a judicial inspection may also be carried out. 7.2 Case Management Hearings The length of the trial depends, essentially, on the number of witnesses or the quantity of other evidence to be produced, as well as the com- plexity of the factual evidence. Both the plaintiff and the opposing defendant may indicate up to 20 witnesses in respect of the grounds of the claim. If there is a counterclaim, they may offer additional witnesses in respect of the grounds of such counterclaim. In any case, either party may offer only three witnesses for each specified fact. In the simplest cases, there is usually only one hearing. More complex cases may require two or more hearings, for the reasons described above. There are no deadlines for the hearings. The speed of the proceedings depends on the avail- ability of the court, the complexity of the case and the diligence of the parties. 7.3 Jury Trials in Civil Cases There are no jury trials in civil cases. 7.4 Rules That Govern Admission of Evidence The subject matter regarding which evidence is admissible is previously specified by the court; therefore, only the production of evidence on these specific facts is allowed. Evidence to be produced at the trial is provid- ed by the parties in advance, once the matter subject to evidence is ruled by the court. The production of all evidence that the party intends

to present, such as questioning witnesses and experts, or conducting judicial inspections, as well as requesting documents and information from third parties, should be applied for within the deadline for that purpose, after the court has specified the controversial facts to be proven. However, documents intended to establish the grounds of the action or of the defence must be filed alongside the pleading in which the facts those documents purport to prove are relied on. When presented later, up to the end of the plead- ings, the party who presented it will be subject to a fine, unless it can be shown that it could not have presented the information before. After the pleadings, it is not possible to add documents unless the interested party demonstrates that they could not have been presented earlier. Notice may be given to the opposing party requesting the submission of documents in its possession that may be of interest to the case. The court may also be required to request docu- ments or information from any other parties. 7.5 Expert Testimony Parties are permitted to require the production of evidence by experts. The court may also take the same initiative. 7.6 Extent to Which Hearings Are Open to the Public The trial hearing is public, except when the court decides otherwise to safeguard people’s dignity and public morality, to maintain the confiden- tiality of any evidence or to ensure the courts’ normal functioning. It is very common for family law hearings to take place behind closed doors, given the sensitivity of the issues discussed in the hearing and the involvement, in some cases, of minors.

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