MACAU SAR, CHINA Law and Practice Contributed by: João Nuno Riquito, Bruno Almeida, Bernice Kwok and Daniel de Senna Fernandes, Riquito Advogados
• to submit further evidence; • to claim against the decision on the facts established and not established before trial; • to dismiss certain requests of the other party; • to seek the annulment of certain procedural actions; and • to request the intervention of other entities as parties to the proceedings. Certain remedies are available, such as the sus- pension or the obstruction of a judge in the case, or the request for the declaration of the other party, or its legal representative, as a mala fides party. 4.2 Early Judgment Applications Upon receiving the written submissions, the court may immediately make an award based on the merits of the case, if it considers the informa- tion and evidence available up to that stage may allow it to decide without further trial. 4.3 Dispositive Motions Please refer to 4.2 Early Judgment Applica- tions . Furthermore, a party may submit an application for the early termination of the proceedings: • if they come to a standstill for three years due to either party’s negligence in carrying out the required actions; or • if, by virtue of certain ulterior facts or circum- stances, the proceedings are no longer useful to the parties. 4.4 Requirements for Interested Parties to Join a Lawsuit If certain requirements are met, interested par- ties besides the plaintiffs or defendants are allowed to join a lawsuit, thus assuming the
position of main parties, or parties ancillary to the main parties. Interested parties who share the same interest as the plaintiff or defendant may intervene as a main party at their own initiative or at the request of any existing (main) parties. Third parties against whom the defendant may have a reimbursement right, and who may have a justified interest that the final decision be favourable to one of the parties, may intervene as ancillary parties. A third party may also request to join a lawsuit to claim their own right, which may be fully or par- tially incompatible with the claim of the plaintiff or the defendant. 4.5 Applications for Security for Defendant’s Costs There is no specified motion for security for the defendant’s costs, although it may be awarded subject to particulars. 4.6 Costs of Interim Applications/ Motions Generally, the parties are requested to make a deposit for part of the fees and costs applicable to the claim and counterclaim, appeals and other submissions. Besides the deposit for expenses, applicants and respondents shall be liable for 25% of the following applicable fees: • initial deposit (due upon submission of the application); and • deposit for trial (due upon the scheduling of the trial, or before the issuance of a written decision).
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