Definitive global law guides offering comparative analysis from top-ranked lawyers
INTRODUCTION | 8 |
Contributed by Gary Born and Matteo Angelini, WilmerHale | 8 |
ANGOLA | 12 |
Law and Practice | 12 |
Contributed by FBL ADVOGADOS | 12 |
AUSTRALIA | 30 |
Law and Practice | 30 |
Contributed by Banton Group | 30 |
Trends and Developments | 44 |
Contributed by Banton Group | 44 |
AUSTRIA | 49 |
Law and Practice | 49 |
Contributed by KNOETZL HAUGENEDER NETAL GmbH | 49 |
Trends and Developments | 75 |
Contributed by KNOETZL HAUGENEDER NETAL GmbH | 75 |
BAHAMAS | 81 |
Law and Practice | 81 |
Contributed by McKinney, Bancroft & Hughes | 81 |
Trends and Developments | 95 |
Contributed by McKinney, Bancroft & Hughes | 95 |
BELGIUM | 101 |
Law and Practice | 101 |
Contributed by Janson | 101 |
BERMUDA | 119 |
Law and Practice | 119 |
Contributed by Carey Olsen Bermuda Limited | 119 |
BELIZE | 143 |
Law and Practice | 143 |
Contributed by Barrow and Williams LLP | 143 |
BRAZIL | 163 |
Law and Practice | 163 |
Contributed by Villamil Advogados | 163 |
Trends and Developments | 186 |
Contributed by Akel Advogados | 186 |
BRITISH VIRGIN ISLANDS | 192 |
Law and Practice | 192 |
Contributed by Carey Olsen | 192 |
CANADA | 219 |
Law and Practice | 219 |
Contributed by Lawson Lundell LLP | 219 |
Trends and Developments | 243 |
Contributed by Lawson Lundell LLP | 243 |
Cayman ISLANDS | 252 |
Law and Practice | 252 |
Contributed by Carey Olsen | 252 |
CHILE | 279 |
Trends and Developments | 279 |
Contributed by Fleischmann & Román Abogados | 279 |
CHINA | 285 |
Law and Practice | 285 |
Contributed by CCPIT Patent and Trademark Law Office | 285 |
Trends and Developments | 307 |
Contributed by Lawjay Partners | 307 |
CUBA | 313 |
Trends and Developments | 313 |
Contributed by Akerman LLP | 313 |
CYPRUS | 322 |
Law and Practice | 322 |
Contributed by Scordis, Papapetrou & Co LLC | 322 |
Trends and Developments | 343 |
Contributed by Scordis, Papapetrou & Co LLC | 343 |
DENMARK | 350 |
Law and Practice | 350 |
Contributed by Fabritius Tengnagel & Heine | 350 |
Trends and Developments | 373 |
Contributed by Gorrissen Federspiel | 373 |
EGYPT | 381 |
Law and Practice | 381 |
Contributed by Shehata & Partners | 381 |
ENGLAND & WALES | 406 |
Law and Practice | 406 |
Contributed by Slaughter and May | 406 |
Trends and Developments | 431 |
Contributed by Maltin PR | 431 |
FRANCE | 437 |
Law and Practice | 437 |
Contributed by Kiejman & Marembert | 437 |
Trends and Developments | 460 |
Contributed by Jeantet | 460 |
GERMANY | 467 |
Law and Practice | 467 |
Contributed by Pfitzner Legal | 467 |
GREECE | 494 |
Law and Practice | 494 |
Contributed by Moussas & Partners | 494 |
GUERNSEY | 522 |
Law and Practice | 522 |
Contributed by Carey Olsen | 522 |
HUNGARY | 545 |
Law and Practice | 545 |
Contributed by PROVARIS Varga & Partners | 545 |
Trends and Developments | 578 |
Contributed by PROVARIS Varga & Partners | 578 |
INDIA | 586 |
Law and Practice | 586 |
Contributed by Cyril Amarchand Mangaldas | 586 |
Trends and Developments | 612 |
Contributed by Chambers of Sidharth Luthra | 612 |
INDONESIA | 620 |
Law and Practice | 620 |
Contributed by SSEK Law Firm | 620 |
Trends and Developments | 645 |
Contributed by SSEK Law Firm | 645 |
ITALY | 652 |
Law and Practice | 652 |
Contributed by Eversheds Sutherland | 652 |
Trends and Developments | 678 |
Contributed by Eversheds Sutherland | 678 |
JAPAN | 687 |
Law and Practice | 687 |
Contributed by Anderson Mori & Tomotsune | 687 |
Trends and Developments | 707 |
Contributed by SHUSAKU·YAMAMOTO | 707 |
JERSEY | 716 |
Law and Practice | 716 |
Contributed by Carey Olsen | 716 |
KUWAIT | 741 |
Law and Practice | 741 |
Contributed by Taher Group Law Firm Co | 741 |
LEBANON | 766 |
Law and Practice | 766 |
Contributed by Obeid & Partners | 766 |
LIECHTENSTEIN | 793 |
Law and Practice | 793 |
Contributed by Schurti Partners Attorneys at Law Ltd | 793 |
Trends and Developments | 816 |
Contributed by Nueber Konzett Attorneys-at-Law | 816 |
LUXEMBOURG | 822 |
Law and Practice | 822 |
Contributed by BSP | 822 |
MACAU SAR, CHINA | 841 |
Law and Practice | 841 |
Contributed by Riquito Advogados | 841 |
Trends and Developments | 867 |
Contributed by Riquito Advogados | 867 |
MALAYSIA | 875 |
Law and Practice | 875 |
Contributed by Shearn Delamore & Co | 875 |
Trends and Developments | 899 |
Contributed by Shearn Delamore & Co | 899 |
MALTA | 907 |
Law and Practice | 907 |
Contributed by Ganado Advocates | 907 |
MAURITIUS | 933 |
Law and Practice | 933 |
Contributed by BLC Robert & Associates | 933 |
MEXICO | 957 |
Law and Practice | 957 |
Contributed by Von Wobeser y Sierra, SC | 957 |
Trends and Developments | 977 |
Contributed by White & Case, S.C. | 977 |
MONACO | 985 |
Law and Practice | 985 |
Contributed by CMS Monaco | 985 |
NETHERLANDS | 1003 |
Law and Practice | 1003 |
Contributed by Florent B.V. | 1003 |
NIGERIA | 1030 |
Law and Practice | 1030 |
Contributed by G. Elias | 1030 |
Trends and Developments | 1054 |
Contributed by Kenna Partners | 1054 |
NORWAY | 1063 |
Law and Practice | 1063 |
Contributed by Advokatfirmaet Simonsen Vogt Wiig | 1063 |
Trends and Developments | 1087 |
Contributed by Advokatfirmaet Simonsen Vogt Wiig | 1087 |
PHILIPPINES | 1094 |
Law and Practice | 1094 |
Contributed by Angara Abello Concepcion Regala & Cruz | 1094 |
Trends and Developments | 1118 |
Contributed by Angara Abello Concepcion Regala & Cruz | 1118 |
POLAND | 1125 |
Law and Practice | 1125 |
Contributed by Sołtysiński Kawecki & Szlęzak | 1125 |
PORTUGAL | 1146 |
Law and Practice | 1146 |
Contributed by PLMJ | 1146 |
Trends and Developments | 1172 |
Contributed by Abreu Advogados | 1172 |
ROMANIA | 1180 |
Law and Practice | 1180 |
Contributed by Zamfirescu Racoți Vasile & Partners Attorneys At Law | 1180 |
Trends and Developments | 1204 |
Contributed by Zamfirescu Racoți Vasile & Partners Attorneys At Law | 1204 |
SAUDI ARABIA | 1209 |
Law and Practice | 1209 |
Contributed by Derayah LLPC | 1209 |
SINGAPORE | 1229 |
Law and Practice | 1229 |
Contributed by Drew & Napier LLC | 1229 |
Trends and Developments | 1262 |
Contributed by WongPartnership LLP | 1262 |
SOUTH KOREA | 1271 |
Law and Practice | 1271 |
Contributed by Kim & Chang | 1271 |
SPAIN | 1295 |
Law and Practice | 1295 |
Contributed by Lopez-Ibor DPM | 1295 |
Trends and Developments | 1317 |
Contributed by Lopez-Ibor DPM | 1317 |
SWEDEN | 1326 |
Law and Practice | 1326 |
Contributed by Delphi | 1326 |
TAIWAN | 1350 |
Law and Practice | 1350 |
Contributed by Formosa Transnational Attorneys At Law | 1350 |
THAILAND | 1375 |
Law and Practice | 1375 |
Contributed by Tilleke & Gibbins | 1375 |
Trends and Developments | 1396 |
Contributed by Pisut & Partners | 1396 |
TÜRKIYE | 1404 |
Law and Practice | 1404 |
Contributed by Aktay Law Firm | 1404 |
Trends and Developments | 1426 |
Contributed by Aktay Law Firm | 1426 |
USA | 1434 |
Law and Practice | 1434 |
Contributed by Ajamie LLP | 1434 |
Trends and Developments | 1463 |
Contributed by Kasowitz Benson Torres LLP | 1463 |
USA – CALIFORNIA | 1470 |
Trends and Developments | 1470 |
Contributed by Alto Litigation | 1470 |
USA – FLORIDA | 1482 |
Trends and Developments | 1482 |
Contributed by Berk, Merchant & Sims | 1482 |
USA – ILLINOIS | 1488 |
Trends and Developments | 1488 |
Contributed by Much Shelist | 1488 |
USA – NEVADA | 1495 |
Trends and Developments | 1495 |
Contributed by Mead Law Group | 1495 |
USA – NEW YORK | 1502 |
Trends and Developments | 1502 |
Contributed by Perry Law | 1502 |
USA – WASHINGTON | 1509 |
Trends and Developments | 1509 |
Contributed by Summit Law Group | 1509 |
VIETNAM | 1516 |
Law and Practice | 1516 |
Contributed by Le & Tran | 1516 |
Trends and Developments | 1541 |
Contributed by Le & Tran | 1541 |
1. General | 16 |
1.1 General Characteristics of the Legal System | 16 |
1.2 Court System | 16 |
1.3 Court Filings and Proceedings | 17 |
1.4 Legal Representation in Court | 17 |
2. Litigation Funding | 17 |
2.1 Third-Party Litigation Funding | 17 |
2.2 Third-Party Funding: Lawsuits | 17 |
2.3 Third-Party Funding for Plaintiff and Defendant | 17 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 17 |
2.5 Types of Costs Considered Under Third-Party Funding | 17 |
2.6 Contingency Fees | 17 |
2.7 Time Limit for Obtaining Third-Party Funding | 17 |
3. Initiating a Lawsuit | 17 |
3.1 Rules on Pre-action Conduct | 17 |
3.2 Statutes of Limitations | 18 |
3.3 Jurisdictional Requirements for a Defendant | 18 |
3.4 Initial Complaint | 18 |
3.5 Rules of Service | 18 |
3.6 Failure to Respond | 18 |
3.7 Representative or Collective Actions | 19 |
3.8 Requirements for Cost Estimate | 19 |
4. Pre-trial Proceedings | 19 |
4.1 Interim Applications/Motions | 19 |
4.2 Early Judgment Applications | 19 |
4.3 Dispositive Motions | 19 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 19 |
4.5 Applications for Security for Defendant’s Costs | 20 |
4.6 Costs of Interim Applications/Motions | 20 |
4.7 Application/Motion Timeframe | 20 |
5. Discovery | 20 |
5.1 Discovery and Civil Cases | 20 |
5.2 Discovery and Third Parties | 20 |
5.3 Discovery in This Jurisdiction | 20 |
5.4 Alternatives to Discovery Mechanisms | 21 |
5.5 Legal Privilege | 21 |
5.6 Rules Disallowing Disclosure of a Document | 21 |
6. Injunctive Relief | 21 |
6.1 Circumstances of Injunctive Relief | 21 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 22 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 22 |
6.4 Liability for Damages for the Applicant | 22 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 22 |
6.6 Third Parties and Injunctive Relief | 22 |
6.7 Consequences of a Respondent’s Non-compliance | 22 |
7. Trials and Hearings | 22 |
7.1 Trial Proceedings | 22 |
7.2 Case Management Hearings | 23 |
7.3 Jury Trials in Civil Cases | 23 |
7.4 Rules That Govern Admission of Evidence | 23 |
7.5 Expert Testimony | 23 |
7.6 Extent to Which Hearings Are Open to the Public | 23 |
7.7 Level of Intervention by a Judge | 24 |
7.8 General Timeframes for Proceedings | 24 |
8. Settlement | 25 |
8.1 Court Approval | 25 |
8.2 Settlement of Lawsuits and Confidentiality | 25 |
8.3 Enforcement of Settlement Agreements | 25 |
8.4 Setting Aside Settlement Agreements | 25 |
9. Damages and Judgment | 25 |
9.1 Awards Available to the Successful Litigant | 25 |
9.2 Rules Regarding Damages | 25 |
9.3 Pre-judgment and Post-judgment Interest | 26 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 26 |
9.5 Enforcement of a Judgment From a Foreign Country | 26 |
10. Appeal | 26 |
10.1 Levels of Appeal or Review to a Litigation | 26 |
10.2 Rules Concerning Appeals of Judgments | 27 |
10.3 Procedure for Taking an Appeal | 27 |
10.4 Issues Considered by the Appeal Court at an Appeal | 27 |
10.5 Court-Imposed Conditions on Granting an Appeal | 27 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 27 |
11. Costs | 28 |
11.1 Responsibility for Paying the Costs of Litigation | 28 |
11.2 Factors Considered When Awarding Costs | 28 |
11.3 Interest Awarded on Costs | 28 |
12. Alternative Dispute Resolution (ADR) | 28 |
12.1 Views of ADR Within the Country | 28 |
12.2 ADR Within the Legal System | 28 |
12.3 ADR Institutions | 28 |
13. Arbitration | 28 |
13.1 Laws Regarding the Conduct of Arbitration | 28 |
13.2 Subject Matters Not Referred to Arbitration | 29 |
13.3 Circumstances to Challenge an Arbitral Award | 29 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 29 |
14. Outlook | 29 |
14.1 Proposals for Dispute Resolution Reform | 29 |
14.2 Growth Areas | 29 |
1. General | 35 |
1.1 General Characteristics of the Legal System | 35 |
1.2 Court System | 35 |
1.3 Court Filings and Proceedings | 35 |
1.4 Legal Representation in Court | 35 |
2. Litigation Funding | 36 |
2.1 Third-Party Litigation Funding | 36 |
2.2 Third-Party Funding: Lawsuits | 36 |
2.3 Third-Party Funding for Plaintiff and Defendant | 36 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 36 |
2.5 Types of Costs Considered Under Third-Party Funding | 36 |
2.6 Contingency Fees | 36 |
2.7 Time Limit for Obtaining Third-Party Funding | 36 |
3. Initiating a Lawsuit | 37 |
3.1 Rules on Pre-action Conduct | 37 |
3.2 Statutes of Limitations | 37 |
3.3 Jurisdictional Requirements for a Defendant | 37 |
3.4 Initial Complaint | 37 |
3.5 Rules of Service | 37 |
3.6 Failure to Respond | 37 |
3.7 Representative or Collective Actions | 37 |
3.8 Requirements for Cost Estimate | 37 |
4. Pre-trial Proceedings | 37 |
4.1 Interim Applications/Motions | 37 |
4.2 Early Judgment Applications | 38 |
4.3 Dispositive Motions | 38 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 38 |
4.5 Applications for Security for Defendant’s Costs | 38 |
4.6 Costs of Interim Applications/Motions | 38 |
4.7 Application/Motion Timeframe | 38 |
5. Discovery | 38 |
5.1 Discovery and Civil Cases | 38 |
5.2 Discovery and Third Parties | 38 |
5.3 Discovery in This Jurisdiction | 38 |
5.4 Alternatives to Discovery Mechanisms | 38 |
5.5 Legal Privilege | 38 |
5.6 Rules Disallowing Disclosure of a Document | 38 |
6. Injunctive Relief | 39 |
6.1 Circumstances of Injunctive Relief | 39 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 39 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 39 |
6.4 Liability for Damages for the Applicant | 39 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 39 |
6.6 Third Parties and Injunctive Relief | 39 |
6.7 Consequences of a Respondent’s Non-compliance | 40 |
7. Trials and Hearings | 40 |
7.1 Trial Proceedings | 40 |
7.2 Case Management Hearings | 40 |
7.3 Jury Trials in Civil Cases | 40 |
7.4 Rules That Govern Admission of Evidence | 40 |
7.5 Expert Testimony | 40 |
7.6 Extent to Which Hearings Are Open to the Public | 40 |
7.7 Level of Intervention by a Judge | 40 |
7.8 General Timeframes for Proceedings | 40 |
8. Settlement | 40 |
8.1 Court Approval | 40 |
8.2 Settlement of Lawsuits and Confidentiality | 40 |
8.3 Enforcement of Settlement Agreements | 41 |
8.4 Setting Aside Settlement Agreements | 41 |
9. Damages and Judgment | 41 |
9.1 Awards Available to the Successful Litigant | 41 |
9.2 Rules Regarding Damages | 41 |
9.3 Pre-judgment and Post-judgment Interest | 41 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 41 |
9.5 Enforcement of a Judgment From a Foreign Country | 41 |
10. Appeal | 41 |
10.1 Levels of Appeal or Review to a Litigation | 41 |
10.2 Rules Concerning Appeals of Judgments | 41 |
10.3 Procedure for Taking an Appeal | 41 |
10.4 Issues Considered by the Appeal Court at an Appeal | 42 |
10.5 Court-Imposed Conditions on Granting an Appeal | 42 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 42 |
11. Costs | 42 |
11.1 Responsibility for Paying the Costs of Litigation | 42 |
11.2 Factors Considered When Awarding Costs | 42 |
11.3 Interest Awarded on Costs | 42 |
12. Alternative Dispute Resolution (ADR) | 42 |
12.1 Views of ADR Within the Country | 42 |
12.2 ADR Within the Legal System | 42 |
12.3 ADR Institutions | 42 |
13. Arbitration | 42 |
13.1 Laws Regarding the Conduct of Arbitration | 42 |
13.2 Subject Matters Not Referred to Arbitration | 43 |
13.3 Circumstances to Challenge an Arbitral Award | 43 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 43 |
14. Outlook | 43 |
14.1 Proposals for Dispute Resolution Reform | 43 |
14.2 Growth Areas | 43 |
1. General | 54 |
1.1 General Characteristics of the Legal System | 54 |
1.2 Court System | 54 |
1.3 Court Filings and Proceedings | 54 |
1.4 Legal Representation in Court | 54 |
2. Litigation Funding | 55 |
2.1 Third-Party Litigation Funding | 55 |
2.2 Third-Party Funding: Lawsuits | 55 |
2.3 Third-Party Funding for Plaintiff and Defendant | 55 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 55 |
2.5 Types of Costs Considered Under Third-Party Funding | 55 |
2.6 Contingency Fees | 55 |
2.7 Time Limit for Obtaining Third-Party Funding | 56 |
3. Initiating a Lawsuit | 56 |
3.1 Rules on Pre-action Conduct | 56 |
3.2 Statutes of Limitations | 56 |
3.3 Jurisdictional Requirements for a Defendant | 56 |
3.4 Initial Complaint | 57 |
3.5 Rules of Service | 58 |
3.6 Failure to Respond | 58 |
3.7 Representative or Collective Actions | 58 |
3.8 Requirements for Cost Estimate | 59 |
4. Pre-trial Proceedings | 59 |
4.1 Interim Applications/Motions | 59 |
4.2 Early Judgment Applications | 59 |
4.3 Dispositive Motions | 60 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 60 |
4.5 Applications for Security for Defendant’s Costs | 60 |
4.6 Costs of Interim Applications/Motions | 61 |
4.7 Application/Motion Timeframe | 61 |
5. Discovery | 61 |
5.1 Discovery and Civil Cases | 61 |
5.2 Discovery and Third Parties | 61 |
5.3 Discovery in This Jurisdiction | 62 |
5.4 Alternatives to Discovery Mechanisms | 62 |
5.5 Legal Privilege | 62 |
5.6 Rules Disallowing Disclosure of a Document | 62 |
6. Injunctive Relief | 63 |
6.1 Circumstances of Injunctive Relief | 63 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 63 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 63 |
6.4 Liability for Damages for the Applicant | 64 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 64 |
6.6 Third Parties and Injunctive Relief | 64 |
6.7 Consequences of a Respondent’s Non-compliance | 64 |
7. Trials and Hearings | 64 |
7.1 Trial Proceedings | 64 |
7.2 Case Management Hearings | 65 |
7.3 Jury Trials in Civil Cases | 65 |
7.4 Rules That Govern Admission of Evidence | 65 |
7.5 Expert Testimony | 65 |
7.6 Extent to Which Hearings Are Open to the Public | 65 |
7.7 Level of Intervention by a Judge | 66 |
7.8 General Timeframes for Proceedings | 66 |
8. Settlement | 66 |
8.1 Court Approval | 66 |
8.2 Settlement of Lawsuits and Confidentiality | 67 |
8.3 Enforcement of Settlement Agreements | 67 |
8.4 Setting Aside Settlement Agreements | 67 |
9. Damages and Judgment | 67 |
9.1 Awards Available to the Successful Litigant | 67 |
9.2 Rules Regarding Damages | 68 |
9.3 Pre-judgment and Post-judgment Interest | 68 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 68 |
9.5 Enforcement of a Judgment From a Foreign Country | 69 |
10. Appeal | 69 |
10.1 Levels of Appeal or Review to a Litigation | 69 |
10.2 Rules Concerning Appeals of Judgments | 70 |
10.3 Procedure for Taking an Appeal | 70 |
10.4 Issues Considered by the Appeal Court at an Appeal | 70 |
10.5 Court-Imposed Conditions on Granting an Appeal | 70 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 71 |
11. Costs | 71 |
11.1 Responsibility for Paying the Costs of Litigation | 71 |
11.2 Factors Considered When Awarding Costs | 71 |
11.3 Interest Awarded on Costs | 71 |
12. Alternative Dispute Resolution (ADR) | 72 |
12.1 Views of ADR Within the Country | 72 |
12.2 ADR Within the Legal System | 72 |
12.3 ADR Institutions | 72 |
13. Arbitration | 72 |
13.1 Laws Regarding the Conduct of Arbitration | 72 |
13.2 Subject Matters Not Referred to Arbitration | 73 |
13.3 Circumstances to Challenge an Arbitral Award | 73 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 74 |
14. Outlook | 74 |
14.1 Proposals for Dispute Resolution Reform | 74 |
14.2 Growth Areas | 74 |
1. General | 85 |
1.1 General Characteristics of the Legal System | 85 |
1.2 Court System | 85 |
1.3 Court Filings and Proceedings | 85 |
1.4 Legal Representation in Court | 85 |
2. Litigation Funding | 85 |
2.1 Third-Party Litigation Funding | 85 |
2.2 Third-Party Funding: Lawsuits | 85 |
2.3 Third-Party Funding for Plaintiff and Defendant | 85 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 85 |
2.5 Types of Costs Considered Under Third-Party Funding | 85 |
2.6 Contingency Fees | 85 |
2.7 Time Limit for Obtaining Third-Party Funding | 85 |
3. Initiating a Lawsuit | 86 |
3.1 Rules on Pre-action Conduct | 86 |
3.2 Statutes of Limitations | 86 |
3.3 Jurisdictional Requirements for a Defendant | 86 |
3.4 Initial Complaint | 86 |
3.5 Rules of Service | 86 |
3.6 Failure to Respond | 86 |
3.7 Representative or Collective Actions | 86 |
3.8 Requirements for Cost Estimate | 86 |
4. Pre-trial Proceedings | 87 |
4.1 Interim Applications/Motions | 87 |
4.2 Early Judgment Applications | 87 |
4.3 Dispositive Motions | 87 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 87 |
4.5 Applications for Security for Defendant’s Costs | 87 |
4.6 Costs of Interim Applications/Motions | 87 |
4.7 Application/Motion Timeframe | 88 |
5. Discovery | 88 |
5.1 Discovery and Civil Cases | 88 |
5.2 Discovery and Third Parties | 88 |
5.3 Discovery in This Jurisdiction | 88 |
5.4 Alternatives to Discovery Mechanisms | 88 |
5.5 Legal Privilege | 88 |
5.6 Rules Disallowing Disclosure of a Document | 88 |
6. Injunctive Relief | 88 |
6.1 Circumstances of Injunctive Relief | 88 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 89 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 89 |
6.4 Liability for Damages for the Applicant | 89 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 89 |
6.6 Third Parties and Injunctive Relief | 89 |
6.7 Consequences of a Respondent’s Non-compliance | 89 |
7. Trials and Hearings | 89 |
7.1 Trial Proceedings | 89 |
7.2 Case Management Hearings | 89 |
7.3 Jury Trials in Civil Cases | 90 |
7.4 Rules That Govern Admission of Evidence | 90 |
7.5 Expert Testimony | 90 |
7.6 Extent to Which Hearings Are Open to the Public | 90 |
7.7 Level of Intervention by a Judge | 90 |
7.8 General Timeframes for Proceedings | 90 |
8. Settlement | 90 |
8.1 Court Approval | 90 |
8.2 Settlement of Lawsuits and Confidentiality | 90 |
8.3 Enforcement of Settlement Agreements | 91 |
8.4 Setting Aside Settlement Agreements | 91 |
9. Damages and Judgment | 91 |
9.1 Awards Available to the Successful Litigant | 91 |
9.2 Rules Regarding Damages | 91 |
9.3 Pre-judgment and Post-judgment Interest | 91 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 91 |
9.5 Enforcement of a Judgment From a Foreign Country | 91 |
10. Appeal | 92 |
10.1 Levels of Appeal or Review to a Litigation | 92 |
10.2 Rules Concerning Appeals of Judgments | 92 |
10.3 Procedure for Taking an Appeal | 92 |
10.4 Issues Considered by the Appeal Court at an Appeal | 92 |
10.5 Court-Imposed Conditions on Granting an Appeal | 92 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 92 |
11. Costs | 92 |
11.1 Responsibility for Paying the Costs of Litigation | 92 |
11.2 Factors Considered When Awarding Costs | 93 |
11.3 Interest Awarded on Costs | 93 |
12. Alternative Dispute Resolution (ADR) | 93 |
12.1 Views of ADR Within the Country | 93 |
12.2 ADR Within the Legal System | 93 |
12.3 ADR Institutions | 93 |
13. Arbitration | 93 |
13.1 Laws Regarding the Conduct of Arbitration | 93 |
13.2 Subject Matters Not Referred to Arbitration | 93 |
13.3 Circumstances to Challenge an Arbitral Award | 93 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 93 |
14. Outlook | 94 |
14.1 Proposals for Dispute Resolution Reform | 94 |
14.2 Growth Areas | 94 |
1. General | 106 |
1.1 General Characteristics of the Legal System | 106 |
1.2 Court System | 106 |
1.3 Court Filings and Proceedings | 106 |
1.4 Legal Representation in Court | 107 |
2. Litigation Funding | 107 |
2.1 Third-Party Litigation Funding | 107 |
2.2 Third-Party Funding: Lawsuits | 107 |
2.3 Third-Party Funding for Plaintiff and Defendant | 107 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 108 |
2.5 Types of Costs Considered Under Third-Party Funding | 108 |
2.6 Contingency Fees | 108 |
2.7 Time Limit for Obtaining Third-Party Funding | 108 |
3. Initiating a Lawsuit | 108 |
3.1 Rules on Pre-action Conduct | 108 |
3.2 Statutes of Limitations | 109 |
3.3 Jurisdictional Requirements for a Defendant | 109 |
3.4 Initial Complaint | 109 |
3.5 Rules of Service | 110 |
3.6 Failure to Respond | 110 |
3.7 Representative or Collective Actions | 110 |
3.8 Requirements for Cost Estimate | 110 |
4. Pre-trial Proceedings | 110 |
4.1 Interim Applications/Motions | 110 |
4.2 Early Judgment Applications | 111 |
4.3 Dispositive Motions | 111 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 111 |
4.5 Applications for Security for Defendant’s Costs | 111 |
4.6 Costs of Interim Applications/Motions | 111 |
4.7 Application/Motion Timeframe | 111 |
5. Discovery | 111 |
5.1 Discovery and Civil Cases | 111 |
5.2 Discovery and Third Parties | 111 |
5.3 Discovery in This Jurisdiction | 112 |
5.4 Alternatives to Discovery Mechanisms | 112 |
5.5 Legal Privilege | 112 |
5.6 Rules Disallowing Disclosure of a Document | 112 |
6. Injunctive Relief | 112 |
6.1 Circumstances of Injunctive Relief | 112 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 112 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 112 |
6.4 Liability for Damages for the Applicant | 112 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 112 |
6.6 Third Parties and Injunctive Relief | 113 |
6.7 Consequences of a Respondent’s Non-compliance | 113 |
7. Trials and Hearings | 113 |
7.1 Trial Proceedings | 113 |
7.2 Case Management Hearings | 113 |
7.3 Jury Trials in Civil Cases | 113 |
7.4 Rules That Govern Admission of Evidence | 113 |
7.5 Expert Testimony | 113 |
7.6 Extent to Which Hearings Are Open to the Public | 113 |
7.7 Level of Intervention by a Judge | 114 |
7.8 General Timeframes for Proceedings | 114 |
8. Settlement | 114 |
8.1 Court Approval | 114 |
8.2 Settlement of Lawsuits and Confidentiality | 114 |
8.3 Enforcement of Settlement Agreements | 114 |
8.4 Setting Aside Settlement Agreements | 114 |
9. Damages and Judgment | 114 |
9.1 Awards Available to the Successful Litigant | 114 |
9.2 Rules Regarding Damages | 115 |
9.3 Pre-judgment and Post-judgment Interest | 115 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 115 |
9.5 Enforcement of a Judgment From a Foreign Country | 115 |
10. Appeal | 115 |
10.1 Levels of Appeal or Review to a Litigation | 115 |
10.2 Rules Concerning Appeals of Judgments | 115 |
10.3 Procedure for Taking an Appeal | 116 |
10.4 Issues Considered by the Appeal Court at an Appeal | 116 |
10.5 Court-Imposed Conditions on Granting an Appeal | 116 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 116 |
11. Costs | 116 |
11.1 Responsibility for Paying the Costs of Litigation | 116 |
11.2 Factors Considered When Awarding Costs | 116 |
11.3 Interest Awarded on Costs | 116 |
12. Alternative Dispute Resolution (ADR) | 116 |
12.1 Views of ADR Within the Country | 116 |
12.2 ADR Within the Legal System | 117 |
12.3 ADR Institutions | 117 |
13. Arbitration | 117 |
13.1 Laws Regarding the Conduct of Arbitration | 117 |
13.2 Subject Matters Not Referred to Arbitration | 117 |
13.3 Circumstances to Challenge an Arbitral Award | 117 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 118 |
14. Outlook | 118 |
14.1 Proposals for Dispute Resolution Reform | 118 |
14.2 Growth Areas | 118 |
1. General | 124 |
1.1 General Characteristics of the Legal System | 124 |
1.2 Court System | 124 |
1.3 Court Filings and Proceedings | 124 |
1.4 Legal Representation in Court | 125 |
2. Litigation Funding | 125 |
2.1 Third-Party Litigation Funding | 125 |
2.2 Third-Party Funding: Lawsuits | 125 |
2.3 Third-Party Funding for Plaintiff and Defendant | 125 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 126 |
2.5 Types of Costs Considered Under Third-Party Funding | 126 |
2.6 Contingency Fees | 126 |
2.7 Time Limit for Obtaining Third-Party Funding | 126 |
3. Initiating a Lawsuit | 126 |
3.1 Rules on Pre-action Conduct | 126 |
3.2 Statutes of Limitations | 126 |
3.3 Jurisdictional Requirements for a Defendant | 126 |
3.4 Initial Complaint | 127 |
3.5 Rules of Service | 127 |
3.6 Failure to Respond | 127 |
3.7 Representative or Collective Actions | 127 |
3.8 Requirements for Cost Estimate | 128 |
4. Pre-trial Proceedings | 128 |
4.1 Interim Applications/Motions | 128 |
4.2 Early Judgment Applications | 128 |
4.3 Dispositive Motions | 128 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 129 |
4.5 Applications for Security for Defendant’s Costs | 129 |
4.6 Costs of Interim Applications/Motions | 129 |
4.7 Application/Motion Timeframe | 130 |
5. Discovery | 130 |
5.1 Discovery and Civil Cases | 130 |
5.2 Discovery and Third Parties | 130 |
5.3 Discovery in This Jurisdiction | 131 |
5.4 Alternatives to Discovery Mechanisms | 131 |
5.5 Legal Privilege | 131 |
5.6 Rules Disallowing Disclosure of a Document | 131 |
6. Injunctive Relief | 131 |
6.1 Circumstances of Injunctive Relief | 131 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 132 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 132 |
6.4 Liability for Damages for the Applicant | 132 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 133 |
6.6 Third Parties and Injunctive Relief | 133 |
6.7 Consequences of a Respondent’s Non-compliance | 133 |
7. Trials and Hearings | 133 |
7.1 Trial Proceedings | 133 |
7.2 Case Management Hearings | 133 |
7.3 Jury Trials in Civil Cases | 133 |
7.4 Rules That Govern Admission of Evidence | 134 |
7.5 Expert Testimony | 134 |
7.6 Extent to Which Hearings Are Open to the Public | 134 |
7.7 Level of Intervention by a Judge | 134 |
7.8 General Timeframes for Proceedings | 134 |
8. Settlement | 135 |
8.1 Court Approval | 135 |
8.2 Settlement of Lawsuits and Confidentiality | 135 |
8.3 Enforcement of Settlement Agreements | 135 |
8.4 Setting Aside Settlement Agreements | 135 |
9. Damages and Judgment | 135 |
9.1 Awards Available to the Successful Litigant | 135 |
9.2 Rules Regarding Damages | 136 |
9.3 Pre-judgment and Post-judgment Interest | 136 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 136 |
9.5 Enforcement of a Judgment From a Foreign Country | 137 |
10. Appeal | 138 |
10.1 Levels of Appeal or Review to a Litigation | 138 |
10.2 Rules Concerning Appeals of Judgments | 138 |
10.3 Procedure for Taking an Appeal | 138 |
10.4 Issues Considered by the Appeal Court at an Appeal | 138 |
10.5 Court-Imposed Conditions on Granting an Appeal | 139 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 139 |
11. Costs | 139 |
11.1 Responsibility for Paying the Costs of Litigation | 139 |
11.2 Factors Considered When Awarding Costs | 140 |
11.3 Interest Awarded on Costs | 140 |
12. Alternative Dispute Resolution (ADR) | 140 |
12.1 Views of ADR Within the Country | 140 |
12.2 ADR Within the Legal System | 140 |
12.3 ADR Institutions | 140 |
13. Arbitration | 140 |
13.1 Laws Regarding the Conduct of Arbitration | 140 |
13.2 Subject Matters Not Referred to Arbitration | 141 |
13.3 Circumstances to Challenge an Arbitral Award | 141 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 141 |
14. Outlook | 141 |
14.1 Proposals for Dispute Resolution Reform | 141 |
14.2 Growth Areas | 142 |
1. General | 147 |
1.1 General Characteristics of the Legal System | 147 |
1.2 Court System | 147 |
1.3 Court Filings and Proceedings | 147 |
1.4 Legal Representation in Court | 148 |
2. Litigation Funding | 148 |
2.1 Third-Party Litigation Funding | 148 |
2.2 Third-Party Funding: Lawsuits | 148 |
2.3 Third-Party Funding for Plaintiff and Defendant | 148 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 148 |
2.5 Types of Costs Considered Under Third-Party Funding | 148 |
2.6 Contingency Fees | 148 |
2.7 Time Limit for Obtaining Third-Party Funding | 148 |
3. Initiating a Lawsuit | 148 |
3.1 Rules on Pre-action Conduct | 148 |
3.2 Statutes of Limitations | 149 |
3.3 Jurisdictional Requirements for a Defendant | 149 |
3.4 Initial Complaint | 149 |
3.5 Rules of Service | 150 |
3.6 Failure to Respond | 150 |
3.7 Representative or Collective Actions | 150 |
3.8 Requirements for Cost Estimate | 151 |
4. Pre-trial Proceedings | 151 |
4.1 Interim Applications/Motions | 151 |
4.2 Early Judgment Applications | 151 |
4.3 Dispositive Motions | 151 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 151 |
4.5 Applications for Security for Defendant’s Costs | 152 |
4.6 Costs of Interim Applications/Motions | 152 |
4.7 Application/Motion Timeframe | 152 |
5. Discovery | 152 |
5.1 Discovery and Civil Cases | 152 |
5.2 Discovery and Third Parties | 152 |
5.3 Discovery in This Jurisdiction | 153 |
5.4 Alternatives to Discovery Mechanisms | 153 |
5.5 Legal Privilege | 153 |
5.6 Rules Disallowing Disclosure of a Document | 153 |
6. Injunctive Relief | 153 |
6.1 Circumstances of Injunctive Relief | 153 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 153 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 154 |
6.4 Liability for Damages for the Applicant | 154 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 154 |
6.6 Third Parties and Injunctive Relief | 154 |
6.7 Consequences of a Respondent’s Non-compliance | 154 |
7. Trials and Hearings | 154 |
7.1 Trial Proceedings | 154 |
7.2 Case Management Hearings | 155 |
7.3 Jury Trials in Civil Cases | 155 |
7.4 Rules That Govern Admission of Evidence | 155 |
7.5 Expert Testimony | 155 |
7.6 Extent to Which Hearings Are Open to the Public | 155 |
7.7 Level of Intervention by a Judge | 155 |
7.8 General Timeframes for Proceedings | 155 |
8. Settlement | 156 |
8.1 Court Approval | 156 |
8.2 Settlement of Lawsuits and Confidentiality | 156 |
8.3 Enforcement of Settlement Agreements | 156 |
8.4 Setting Aside Settlement Agreements | 156 |
9. Damages and Judgment | 156 |
9.1 Awards Available to the Successful Litigant | 156 |
9.2 Rules Regarding Damages | 156 |
9.3 Pre-judgment and Post-judgment Interest | 156 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 157 |
9.5 Enforcement of a Judgment From a Foreign Country | 157 |
10. Appeal | 157 |
10.1 Levels of Appeal or Review to a Litigation | 157 |
10.2 Rules Concerning Appeals of Judgments | 157 |
10.3 Procedure for Taking an Appeal | 158 |
10.4 Issues Considered by the Appeal Court at an Appeal | 158 |
10.5 Court-Imposed Conditions on Granting an Appeal | 158 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 158 |
11. Costs | 158 |
11.1 Responsibility for Paying the Costs of Litigation | 158 |
11.2 Factors Considered When Awarding Costs | 158 |
11.3 Interest Awarded on Costs | 159 |
12. Alternative Dispute Resolution (ADR) | 159 |
12.1 Views of ADR Within the Country | 159 |
12.2 ADR Within the Legal System | 159 |
12.3 ADR Institutions | 159 |
13. Arbitration | 159 |
13.1 Laws Regarding the Conduct of Arbitration | 159 |
13.2 Subject Matters Not Referred to Arbitration | 159 |
13.3 Circumstances to Challenge an Arbitral Award | 160 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 160 |
14. Outlook | 161 |
14.1 Proposals for Dispute Resolution Reform | 161 |
14.2 Growth Areas | 162 |
1. General | 167 |
1.1 General Characteristics of the Legal System | 167 |
1.2 Court System | 167 |
1.3 Court Filings and Proceedings | 167 |
1.4 Legal Representation in Court | 167 |
2. Litigation Funding | 167 |
2.1 Third-Party Litigation Funding | 167 |
2.2 Third-Party Funding: Lawsuits | 168 |
2.3 Third-Party Funding for Plaintiff and Defendant | 168 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 168 |
2.5 Types of Costs Considered Under Third-Party Funding | 168 |
2.6 Contingency Fees | 168 |
2.7 Time Limit for Obtaining Third-Party Funding | 168 |
3. Initiating a Lawsuit | 168 |
3.1 Rules on Pre-action Conduct | 168 |
3.2 Statutes of Limitations | 168 |
3.3 Jurisdictional Requirements for a Defendant | 169 |
3.4 Initial Complaint | 169 |
3.5 Rules of Service | 169 |
3.6 Failure to Respond | 170 |
3.7 Representative or Collective Actions | 170 |
3.8 Requirements for Cost Estimate | 170 |
4. Pre-trial Proceedings | 171 |
4.1 Interim Applications/Motions | 171 |
4.2 Early Judgment Applications | 171 |
4.3 Dispositive Motions | 171 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 171 |
4.5 Applications for Security for Defendant’s Costs | 172 |
4.6 Costs of Interim Applications/Motions | 172 |
4.7 Application/Motion Timeframe | 172 |
5. Discovery | 172 |
5.1 Discovery and Civil Cases | 172 |
5.2 Discovery and Third Parties | 173 |
5.3 Discovery in This Jurisdiction | 173 |
5.4 Alternatives to Discovery Mechanisms | 174 |
5.5 Legal Privilege | 174 |
5.6 Rules Disallowing Disclosure of a Document | 174 |
6. Injunctive Relief | 174 |
6.1 Circumstances of Injunctive Relief | 174 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 174 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 175 |
6.4 Liability for Damages for the Applicant | 175 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 175 |
6.6 Third Parties and Injunctive Relief | 175 |
6.7 Consequences of a Respondent’s Non-compliance | 175 |
7. Trials and Hearings | 175 |
7.1 Trial Proceedings | 175 |
7.2 Case Management Hearings | 176 |
7.3 Jury Trials in Civil Cases | 176 |
7.4 Rules That Govern Admission of Evidence | 176 |
7.5 Expert Testimony | 176 |
7.6 Extent to Which Hearings Are Open to the Public | 176 |
7.7 Level of Intervention by a Judge | 177 |
7.8 General Timeframes for Proceedings | 177 |
8. Settlement | 177 |
8.1 Court Approval | 177 |
8.2 Settlement of Lawsuits and Confidentiality | 178 |
8.3 Enforcement of Settlement Agreements | 178 |
8.4 Setting Aside Settlement Agreements | 178 |
9. Damages and Judgment | 178 |
9.1 Awards Available to the Successful Litigant | 178 |
9.2 Rules Regarding Damages | 179 |
9.3 Pre-judgment and Post-judgment Interest | 179 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 179 |
9.5 Enforcement of a Judgment From a Foreign Country | 180 |
10. Appeal | 180 |
10.1 Levels of Appeal or Review to a Litigation | 180 |
10.2 Rules Concerning Appeals of Judgments | 180 |
10.3 Procedure for Taking an Appeal | 181 |
10.4 Issues Considered by the Appeal Court at an Appeal | 181 |
10.5 Court-Imposed Conditions on Granting an Appeal | 181 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 181 |
11. Costs | 181 |
11.1 Responsibility for Paying the Costs of Litigation | 181 |
11.2 Factors Considered When Awarding Costs | 181 |
11.3 Interest Awarded on Costs | 181 |
12. Alternative Dispute Resolution (ADR) | 182 |
12.1 Views of ADR Within the Country | 182 |
12.2 ADR Within the Legal System | 182 |
12.3 ADR Institutions | 182 |
13. Arbitration | 183 |
13.1 Laws Regarding the Conduct of Arbitration | 183 |
13.2 Subject Matters Not Referred to Arbitration | 183 |
13.3 Circumstances to Challenge an Arbitral Award | 183 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 184 |
14. Outlook | 184 |
14.1 Proposals for Dispute Resolution Reform | 184 |
14.2 Growth Areas | 184 |
1. General | 197 |
1.1 General Characteristics of the Legal System | 197 |
1.2 Court System | 197 |
1.3 Court Filings and Proceedings | 198 |
1.4 Legal Representation in Court | 198 |
2. Litigation Funding | 199 |
2.1 Third-Party Litigation Funding | 199 |
2.2 Third-Party Funding: Lawsuits | 199 |
2.3 Third-Party Funding for Plaintiff and Defendant | 199 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 199 |
2.5 Types of Costs Considered Under Third-Party Funding | 199 |
2.6 Contingency Fees | 199 |
2.7 Time Limit for Obtaining Third-Party Funding | 199 |
3. Initiating a Lawsuit | 200 |
3.1 Rules on Pre-action Conduct | 200 |
3.2 Statutes of Limitations | 200 |
3.3 Jurisdictional Requirements for a Defendant | 200 |
3.4 Initial Complaint | 202 |
3.5 Rules of Service | 202 |
3.6 Failure to Respond | 202 |
3.7 Representative or Collective Actions | 202 |
3.8 Requirements for Cost Estimate | 203 |
4. Pre-trial Proceedings | 203 |
4.1 Interim Applications/Motions | 203 |
4.2 Early Judgment Applications | 203 |
4.3 Dispositive Motions | 204 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 204 |
4.5 Applications for Security for Defendant’s Costs | 204 |
4.6 Costs of Interim Applications/Motions | 204 |
4.7 Application/Motion Timeframe | 204 |
5. Discovery | 205 |
5.1 Discovery and Civil Cases | 205 |
5.2 Discovery and Third Parties | 205 |
5.3 Discovery in This Jurisdiction | 206 |
5.4 Alternatives to Discovery Mechanisms | 206 |
5.5 Legal Privilege | 206 |
5.6 Rules Disallowing Disclosure of a Document | 206 |
6. Injunctive Relief | 207 |
6.1 Circumstances of Injunctive Relief | 207 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 207 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 207 |
6.4 Liability for Damages for the Applicant | 208 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 208 |
6.6 Third Parties and Injunctive Relief | 208 |
6.7 Consequences of a Respondent’s Non-compliance | 208 |
7. Trials and Hearings | 208 |
7.1 Trial Proceedings | 208 |
7.2 Case Management Hearings | 209 |
7.3 Jury Trials in Civil Cases | 209 |
7.4 Rules That Govern Admission of Evidence | 209 |
7.5 Expert Testimony | 209 |
7.6 Extent to Which Hearings Are Open to the Public | 209 |
7.7 Level of Intervention by a Judge | 210 |
7.8 General Timeframes for Proceedings | 210 |
8. Settlement | 210 |
8.1 Court Approval | 210 |
8.2 Settlement of Lawsuits and Confidentiality | 211 |
8.3 Enforcement of Settlement Agreements | 211 |
8.4 Setting Aside Settlement Agreements | 211 |
9. Damages and Judgment | 211 |
9.1 Awards Available to the Successful Litigant | 211 |
9.2 Rules Regarding Damages | 212 |
9.3 Pre-judgment and Post-judgment Interest | 212 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 212 |
9.5 Enforcement of a Judgment From a Foreign Country | 212 |
10. Appeal | 213 |
10.1 Levels of Appeal or Review to a Litigation | 213 |
10.2 Rules Concerning Appeals of Judgments | 213 |
10.3 Procedure for Taking an Appeal | 214 |
10.4 Issues Considered by the Appeal Court at an Appeal | 214 |
10.5 Court-Imposed Conditions on Granting an Appeal | 214 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 214 |
11. Costs | 215 |
11.1 Responsibility for Paying the Costs of Litigation | 215 |
11.2 Factors Considered When Awarding Costs | 215 |
11.3 Interest Awarded on Costs | 216 |
12. Alternative Dispute Resolution (ADR) | 216 |
12.1 Views of ADR Within the Country | 216 |
12.2 ADR Within the Legal System | 216 |
12.3 ADR Institutions | 216 |
13. Arbitration | 216 |
13.1 Laws Regarding the Conduct of Arbitration | 216 |
13.2 Subject Matters Not Referred to Arbitration | 216 |
13.3 Circumstances to Challenge an Arbitral Award | 217 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 217 |
14. Outlook | 218 |
14.1 Proposals for Dispute Resolution Reform | 218 |
14.2 Growth Areas | 218 |
1. General | 224 |
1.1 General Characteristics of the Legal System | 224 |
1.2 Court System | 224 |
1.3 Court Filings and Proceedings | 224 |
1.4 Legal Representation in Court | 225 |
2. Litigation Funding | 225 |
2.1 Third-Party Litigation Funding | 225 |
2.2 Third-Party Funding: Lawsuits | 226 |
2.3 Third-Party Funding for Plaintiff and Defendant | 226 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 226 |
2.5 Types of Costs Considered Under Third-Party Funding | 226 |
2.6 Contingency Fees | 226 |
2.7 Time Limit for Obtaining Third-Party Funding | 226 |
3. Initiating a Lawsuit | 226 |
3.1 Rules on Pre-action Conduct | 226 |
3.2 Statutes of Limitations | 226 |
3.3 Jurisdictional Requirements for a Defendant | 227 |
3.4 Initial Complaint | 227 |
3.5 Rules of Service | 227 |
3.6 Failure to Respond | 227 |
3.7 Representative or Collective Actions | 228 |
3.8 Requirements for Cost Estimate | 228 |
4. Pre-trial Proceedings | 228 |
4.1 Interim Applications/Motions | 228 |
4.2 Early Judgment Applications | 229 |
4.3 Dispositive Motions | 229 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 229 |
4.5 Applications for Security for Defendant’s Costs | 230 |
4.6 Costs of Interim Applications/Motions | 230 |
4.7 Application/Motion Timeframe | 230 |
5. Discovery | 230 |
5.1 Discovery and Civil Cases | 230 |
5.2 Discovery and Third Parties | 230 |
5.3 Discovery in This Jurisdiction | 231 |
5.4 Alternatives to Discovery Mechanisms | 231 |
5.5 Legal Privilege | 231 |
5.6 Rules Disallowing Disclosure of a Document | 232 |
6. Injunctive Relief | 232 |
6.1 Circumstances of Injunctive Relief | 232 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 232 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 232 |
6.4 Liability for Damages for the Applicant | 233 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 233 |
6.6 Third Parties and Injunctive Relief | 233 |
6.7 Consequences of a Respondent’s Non-compliance | 233 |
7. Trials and Hearings | 234 |
7.1 Trial Proceedings | 234 |
7.2 Case Management Hearings | 234 |
7.3 Jury Trials in Civil Cases | 234 |
7.4 Rules That Govern Admission of Evidence | 235 |
7.5 Expert Testimony | 235 |
7.6 Extent to Which Hearings Are Open to the Public | 235 |
7.7 Level of Intervention by a Judge | 235 |
7.8 General Timeframes for Proceedings | 236 |
8. Settlement | 236 |
8.1 Court Approval | 236 |
8.2 Settlement of Lawsuits and Confidentiality | 236 |
8.3 Enforcement of Settlement Agreements | 236 |
8.4 Setting Aside Settlement Agreements | 237 |
9. Damages and Judgment | 237 |
9.1 Awards Available to the Successful Litigant | 237 |
9.2 Rules Regarding Damages | 237 |
9.3 Pre-judgment and Post-judgment Interest | 238 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 238 |
9.5 Enforcement of a Judgment From a Foreign Country | 238 |
10. Appeal | 239 |
10.1 Levels of Appeal or Review to a Litigation | 239 |
10.2 Rules Concerning Appeals of Judgments | 239 |
10.3 Procedure for Taking an Appeal | 239 |
10.4 Issues Considered by the Appeal Court at an Appeal | 239 |
10.5 Court-Imposed Conditions on Granting an Appeal | 239 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 239 |
11. Costs | 240 |
11.1 Responsibility for Paying the Costs of Litigation | 240 |
11.2 Factors Considered When Awarding Costs | 240 |
11.3 Interest Awarded on Costs | 240 |
12. Alternative Dispute Resolution (ADR) | 240 |
12.1 Views of ADR Within the Country | 240 |
12.2 ADR Within the Legal System | 240 |
12.3 ADR Institutions | 241 |
13. Arbitration | 241 |
13.1 Laws Regarding the Conduct of Arbitration | 241 |
13.2 Subject Matters Not Referred to Arbitration | 241 |
13.3 Circumstances to Challenge an Arbitral Award | 241 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 241 |
14. Outlook | 242 |
14.1 Proposals for Dispute Resolution Reform | 242 |
14.2 Growth Areas | 242 |
1. General | 257 |
1.1 General Characteristics of the Legal System | 257 |
1.2 Court System | 257 |
1.3 Court Filings and Proceedings | 258 |
1.4 Legal Representation in Court | 259 |
2. Litigation Funding | 260 |
2.1 Third-Party Litigation Funding | 260 |
2.2 Third-Party Funding: Lawsuits | 260 |
2.3 Third-Party Funding for Plaintiff and Defendant | 260 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 260 |
2.5 Types of Costs Considered Under Third-Party Funding | 260 |
2.6 Contingency Fees | 260 |
2.7 Time Limit for Obtaining Third-Party Funding | 261 |
3. Initiating a Lawsuit | 261 |
3.1 Rules on Pre-action Conduct | 261 |
3.2 Statutes of Limitations | 261 |
3.3 Jurisdictional Requirements for a Defendant | 262 |
3.4 Initial Complaint | 262 |
3.5 Rules of Service | 263 |
3.6 Failure to Respond | 264 |
3.7 Representative or Collective Actions | 265 |
3.8 Requirements for Cost Estimate | 265 |
4. Pre-trial Proceedings | 265 |
4.1 Interim Applications/Motions | 265 |
4.2 Early Judgment Applications | 265 |
4.3 Dispositive Motions | 266 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 267 |
4.5 Applications for Security for Defendant’s Costs | 267 |
4.6 Costs of Interim Applications/Motions | 267 |
4.7 Application/Motion Timeframe | 268 |
5. Discovery | 269 |
5.1 Discovery and Civil Cases | 269 |
5.2 Discovery and Third Parties | 269 |
5.3 Discovery in This Jurisdiction | 269 |
5.4 Alternatives to Discovery Mechanisms | 269 |
5.5 Legal Privilege | 269 |
5.6 Rules Disallowing Disclosure of a Document | 270 |
6. Injunctive Relief | 270 |
6.1 Circumstances of Injunctive Relief | 270 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 270 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 270 |
6.4 Liability for Damages for the Applicant | 271 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 271 |
6.6 Third Parties and Injunctive Relief | 271 |
6.7 Consequences of a Respondent’s Non-compliance | 271 |
7. Trials and Hearings | 271 |
7.1 Trial Proceedings | 271 |
7.2 Case Management Hearings | 272 |
7.3 Jury Trials in Civil Cases | 272 |
7.4 Rules That Govern Admission of Evidence | 272 |
7.5 Expert Testimony | 272 |
7.6 Extent to Which Hearings Are Open to the Public | 273 |
7.7 Level of Intervention by a Judge | 273 |
7.8 General Timeframes for Proceedings | 273 |
8. Settlement | 274 |
8.1 Court Approval | 274 |
8.2 Settlement of Lawsuits and Confidentiality | 274 |
8.3 Enforcement of Settlement Agreements | 274 |
8.4 Setting Aside Settlement Agreements | 274 |
9. Damages and Judgment | 274 |
9.1 Awards Available to the Successful Litigant | 274 |
9.2 Rules Regarding Damages | 274 |
9.3 Pre-judgment and Post-judgment Interest | 274 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 275 |
9.5 Enforcement of a Judgment From a Foreign Country | 275 |
10. Appeal | 275 |
10.1 Levels of Appeal or Review to a Litigation | 275 |
10.2 Rules Concerning Appeals of Judgments | 275 |
10.3 Procedure for Taking an Appeal | 275 |
10.4 Issues Considered by the Appeal Court at an Appeal | 276 |
10.5 Court-Imposed Conditions on Granting an Appeal | 276 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 276 |
11. Costs | 276 |
11.1 Responsibility for Paying the Costs of Litigation | 276 |
11.2 Factors Considered When Awarding Costs | 276 |
11.3 Interest Awarded on Costs | 277 |
12. Alternative Dispute Resolution (ADR) | 277 |
12.1 Views of ADR Within the Country | 277 |
12.2 ADR Within the Legal System | 277 |
12.3 ADR Institutions | 277 |
13. Arbitration | 277 |
13.1 Laws Regarding the Conduct of Arbitration | 277 |
13.2 Subject Matters Not Referred to Arbitration | 277 |
13.3 Circumstances to Challenge an Arbitral Award | 277 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 277 |
14. Outlook | 278 |
14.1 Proposals for Dispute Resolution Reform | 278 |
14.2 Growth Areas | 278 |
1. General | 290 |
1.1 General Characteristics of the Legal System | 290 |
1.2 Court System | 290 |
1.3 Court Filings and Proceedings | 290 |
1.4 Legal Representation in Court | 291 |
2. Litigation Funding | 291 |
2.1 Third-Party Litigation Funding | 291 |
2.2 Third-Party Funding: Lawsuits | 291 |
2.3 Third-Party Funding for Plaintiff and Defendant | 291 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 291 |
2.5 Types of Costs Considered Under Third-Party Funding | 291 |
2.6 Contingency Fees | 291 |
2.7 Time Limit for Obtaining Third-Party Funding | 292 |
3. Initiating a Lawsuit | 292 |
3.1 Rules on Pre-action Conduct | 292 |
3.2 Statutes of Limitations | 292 |
3.3 Jurisdictional Requirements for a Defendant | 292 |
3.4 Initial Complaint | 293 |
3.5 Rules of Service | 293 |
3.6 Failure to Respond | 293 |
3.7 Representative or Collective Actions | 294 |
3.8 Requirements for Cost Estimate | 294 |
4. Pre-trial Proceedings | 294 |
4.1 Interim Applications/Motions | 294 |
4.2 Early Judgment Applications | 295 |
4.3 Dispositive Motions | 295 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 296 |
4.5 Applications for Security for Defendant’s Costs | 296 |
4.6 Costs of Interim Applications/Motions | 296 |
4.7 Application/Motion Timeframe | 296 |
5. Discovery | 296 |
5.1 Discovery and Civil Cases | 296 |
5.2 Discovery and Third Parties | 296 |
5.3 Discovery in This Jurisdiction | 296 |
5.4 Alternatives to Discovery Mechanisms | 296 |
5.5 Legal Privilege | 297 |
5.6 Rules Disallowing Disclosure of a Document | 297 |
6. Injunctive Relief | 297 |
6.1 Circumstances of Injunctive Relief | 297 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 297 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 297 |
6.4 Liability for Damages for the Applicant | 297 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 297 |
6.6 Third Parties and Injunctive Relief | 298 |
6.7 Consequences of a Respondent’s Non-compliance | 298 |
7. Trials and Hearings | 298 |
7.1 Trial Proceedings | 298 |
7.2 Case Management Hearings | 298 |
7.3 Jury Trials in Civil Cases | 299 |
7.4 Rules That Govern Admission of Evidence | 299 |
7.5 Expert Testimony | 299 |
7.6 Extent to Which Hearings Are Open to the Public | 299 |
7.7 Level of Intervention by a Judge | 299 |
7.8 General Timeframes for Proceedings | 300 |
8. Settlement | 300 |
8.1 Court Approval | 300 |
8.2 Settlement of Lawsuits and Confidentiality | 300 |
8.3 Enforcement of Settlement Agreements | 300 |
8.4 Setting Aside Settlement Agreements | 301 |
9. Damages and Judgment | 301 |
9.1 Awards Available to the Successful Litigant | 301 |
9.2 Rules Regarding Damages | 301 |
9.3 Pre-judgment and Post-judgment Interest | 301 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 302 |
9.5 Enforcement of a Judgment From a Foreign Country | 302 |
10. Appeal | 302 |
10.1 Levels of Appeal or Review to a Litigation | 302 |
10.2 Rules Concerning Appeals of Judgments | 302 |
10.3 Procedure for Taking an Appeal | 303 |
10.4 Issues Considered by the Appeal Court at an Appeal | 303 |
10.5 Court-Imposed Conditions on Granting an Appeal | 303 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 303 |
11. Costs | 303 |
11.1 Responsibility for Paying the Costs of Litigation | 303 |
11.2 Factors Considered When Awarding Costs | 304 |
11.3 Interest Awarded on Costs | 304 |
12. Alternative Dispute Resolution (ADR) | 304 |
12.1 Views of ADR Within the Country | 304 |
12.2 ADR Within the Legal System | 304 |
12.3 ADR Institutions | 304 |
13. Arbitration | 305 |
13.1 Laws Regarding the Conduct of Arbitration | 305 |
13.2 Subject Matters Not Referred to Arbitration | 305 |
13.3 Circumstances to Challenge an Arbitral Award | 305 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 305 |
14. Outlook | 306 |
14.1 Proposals for Dispute Resolution Reform | 306 |
14.2 Growth Areas | 306 |
1. General | 326 |
1.1 General Characteristics of the Legal System | 326 |
1.2 Court System | 326 |
1.3 Court Filings and Proceedings | 327 |
1.4 Legal Representation in Court | 327 |
2. Litigation Funding | 328 |
2.1 Third-Party Litigation Funding | 328 |
2.2 Third-Party Funding: Lawsuits | 328 |
2.3 Third-Party Funding for Plaintiff and Defendant | 328 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 328 |
2.5 Types of Costs Considered Under Third-Party Funding | 328 |
2.6 Contingency Fees | 328 |
2.7 Time Limit for Obtaining Third-Party Funding | 328 |
3. Initiating a Lawsuit | 328 |
3.1 Rules on Pre-action Conduct | 328 |
3.2 Statutes of Limitations | 329 |
3.3 Jurisdictional Requirements for a Defendant | 329 |
3.4 Initial Complaint | 330 |
3.5 Rules of Service | 330 |
3.6 Failure to Respond | 331 |
3.7 Representative or Collective Actions | 331 |
3.8 Requirements for Cost Estimate | 331 |
4. Pre-trial Proceedings | 331 |
4.1 Interim Applications/Motions | 331 |
4.2 Early Judgment Applications | 331 |
4.3 Dispositive Motions | 332 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 332 |
4.5 Applications for Security for Defendant’s Costs | 332 |
4.6 Costs of Interim Applications/Motions | 332 |
4.7 Application/Motion Timeframe | 332 |
5. Discovery | 333 |
5.1 Discovery and Civil Cases | 333 |
5.2 Discovery and Third Parties | 333 |
5.3 Discovery in This Jurisdiction | 333 |
5.4 Alternatives to Discovery Mechanisms | 334 |
5.5 Legal Privilege | 334 |
5.6 Rules Disallowing Disclosure of a Document | 334 |
6. Injunctive Relief | 334 |
6.1 Circumstances of Injunctive Relief | 334 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 335 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 335 |
6.4 Liability for Damages for the Applicant | 335 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 335 |
6.6 Third Parties and Injunctive Relief | 335 |
6.7 Consequences of a Respondent’s Non-compliance | 335 |
7. Trials and Hearings | 335 |
7.1 Trial Proceedings | 335 |
7.2 Case Management Hearings | 336 |
7.3 Jury Trials in Civil Cases | 336 |
7.4 Rules That Govern Admission of Evidence | 336 |
7.5 Expert Testimony | 336 |
7.6 Extent to Which Hearings Are Open to the Public | 337 |
7.7 Level of Intervention by a Judge | 337 |
7.8 General Timeframes for Proceedings | 337 |
8. Settlement | 337 |
8.1 Court Approval | 337 |
8.2 Settlement of Lawsuits and Confidentiality | 338 |
8.3 Enforcement of Settlement Agreements | 338 |
8.4 Setting Aside Settlement Agreements | 338 |
9. Damages and Judgment | 338 |
9.1 Awards Available to the Successful Litigant | 338 |
9.2 Rules Regarding Damages | 338 |
9.3 Pre-judgment and Post-judgment Interest | 338 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 339 |
9.5 Enforcement of a Judgment From a Foreign Country | 339 |
10. Appeal | 339 |
10.1 Levels of Appeal or Review to a Litigation | 339 |
10.2 Rules Concerning Appeals of Judgments | 340 |
10.3 Procedure for Taking an Appeal | 340 |
10.4 Issues Considered by the Appeal Court at an Appeal | 340 |
10.5 Court-Imposed Conditions on Granting an Appeal | 340 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 340 |
11. Costs | 340 |
11.1 Responsibility for Paying the Costs of Litigation | 340 |
11.2 Factors Considered When Awarding Costs | 341 |
11.3 Interest Awarded on Costs | 341 |
12. Alternative Dispute Resolution (ADR) | 341 |
12.1 Views of ADR Within the Country | 341 |
12.2 ADR Within the Legal System | 341 |
12.3 ADR Institutions | 341 |
13. Arbitration | 341 |
13.1 Laws Regarding the Conduct of Arbitration | 341 |
13.2 Subject Matters Not Referred to Arbitration | 341 |
13.3 Circumstances to Challenge an Arbitral Award | 342 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 342 |
14. Outlook | 342 |
14.1 Proposals for Dispute Resolution Reform | 342 |
14.2 Growth Areas | 342 |
1. General | 355 |
1.1 General Characteristics of the Legal System | 355 |
1.2 Court System | 355 |
1.3 Court Filings and Proceedings | 356 |
1.4 Legal Representation in Court | 356 |
2. Litigation Funding | 357 |
2.1 Third-Party Litigation Funding | 357 |
2.2 Third-Party Funding: Lawsuits | 357 |
2.3 Third-Party Funding for Plaintiff and Defendant | 357 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 357 |
2.5 Types of Costs Considered Under Third-Party Funding | 357 |
2.6 Contingency Fees | 357 |
2.7 Time Limit for Obtaining Third-Party Funding | 357 |
3. Initiating a Lawsuit | 357 |
3.1 Rules on Pre-action Conduct | 357 |
3.2 Statutes of Limitations | 358 |
3.3 Jurisdictional Requirements for a Defendant | 358 |
3.4 Initial Complaint | 358 |
3.5 Rules of Service | 359 |
3.6 Failure to Respond | 359 |
3.7 Representative or Collective Actions | 359 |
3.8 Requirements for Cost Estimate | 360 |
4. Pre-trial Proceedings | 360 |
4.1 Interim Applications/Motions | 360 |
4.2 Early Judgment Applications | 360 |
4.3 Dispositive Motions | 360 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 361 |
4.5 Applications for Security for Defendant’s Costs | 361 |
4.6 Costs of Interim Applications/Motions | 361 |
4.7 Application/Motion Timeframe | 361 |
5. Discovery | 361 |
5.1 Discovery and Civil Cases | 361 |
5.2 Discovery and Third Parties | 362 |
5.3 Discovery in This Jurisdiction | 362 |
5.4 Alternatives to Discovery Mechanisms | 362 |
5.5 Legal Privilege | 362 |
5.6 Rules Disallowing Disclosure of a Document | 363 |
6. Injunctive Relief | 363 |
6.1 Circumstances of Injunctive Relief | 363 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 363 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 363 |
6.4 Liability for Damages for the Applicant | 363 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 363 |
6.6 Third Parties and Injunctive Relief | 363 |
6.7 Consequences of a Respondent’s Non-compliance | 363 |
7. Trials and Hearings | 364 |
7.1 Trial Proceedings | 364 |
7.2 Case Management Hearings | 364 |
7.3 Jury Trials in Civil Cases | 364 |
7.4 Rules That Govern Admission of Evidence | 364 |
7.5 Expert Testimony | 365 |
7.6 Extent to Which Hearings Are Open to the Public | 365 |
7.7 Level of Intervention by a Judge | 366 |
7.8 General Timeframes for Proceedings | 366 |
8. Settlement | 366 |
8.1 Court Approval | 366 |
8.2 Settlement of Lawsuits and Confidentiality | 366 |
8.3 Enforcement of Settlement Agreements | 366 |
8.4 Setting Aside Settlement Agreements | 367 |
9. Damages and Judgment | 367 |
9.1 Awards Available to the Successful Litigant | 367 |
9.2 Rules Regarding Damages | 367 |
9.3 Pre-judgment and Post-judgment Interest | 367 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 368 |
9.5 Enforcement of a Judgment From a Foreign Country | 368 |
10. Appeal | 368 |
10.1 Levels of Appeal or Review to a Litigation | 368 |
10.2 Rules Concerning Appeals of Judgments | 368 |
10.3 Procedure for Taking an Appeal | 368 |
10.4 Issues Considered by the Appeal Court at an Appeal | 369 |
10.5 Court-Imposed Conditions on Granting an Appeal | 369 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 369 |
11. Costs | 369 |
11.1 Responsibility for Paying the Costs of Litigation | 369 |
11.2 Factors Considered When Awarding Costs | 370 |
11.3 Interest Awarded on Costs | 370 |
12. Alternative Dispute Resolution (ADR) | 370 |
12.1 Views of ADR Within the Country | 370 |
12.2 ADR Within the Legal System | 370 |
12.3 ADR Institutions | 370 |
13. Arbitration | 371 |
13.1 Laws Regarding the Conduct of Arbitration | 371 |
13.2 Subject Matters Not Referred to Arbitration | 371 |
13.3 Circumstances to Challenge an Arbitral Award | 371 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 372 |
14. Outlook | 372 |
14.1 Proposals for Dispute Resolution Reform | 372 |
14.2 Growth Areas | 372 |
1. General | 385 |
1.1 General Characteristics of the Legal System | 385 |
1.2 Court System | 385 |
1.3 Court Filings and Proceedings | 386 |
1.4 Legal Representation in Court | 386 |
2. Litigation Funding | 387 |
2.1 Third-Party Litigation Funding | 387 |
2.2 Third-Party Funding: Lawsuits | 387 |
2.3 Third-Party Funding for Plaintiff and Defendant | 387 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 387 |
2.5 Types of Costs Considered Under Third-Party Funding | 387 |
2.6 Contingency Fees | 387 |
2.7 Time Limit for Obtaining Third-Party Funding | 387 |
3. Initiating a Lawsuit | 387 |
3.1 Rules on Pre-action Conduct | 387 |
3.2 Statutes of Limitations | 388 |
3.3 Jurisdictional Requirements for a Defendant | 389 |
3.4 Initial Complaint | 390 |
3.5 Rules of Service | 390 |
3.6 Failure to Respond | 391 |
3.7 Representative or Collective Actions | 391 |
3.8 Requirements for Cost Estimate | 391 |
4. Pre-trial Proceedings | 391 |
4.1 Interim Applications/Motions | 391 |
4.2 Early Judgment Applications | 392 |
4.3 Dispositive Motions | 392 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 392 |
4.5 Applications for Security for Defendant’s Costs | 392 |
4.6 Costs of Interim Applications/Motions | 392 |
4.7 Application/Motion Timeframe | 392 |
5. Discovery | 393 |
5.1 Discovery and Civil Cases | 393 |
5.2 Discovery and Third Parties | 393 |
5.3 Discovery in This Jurisdiction | 393 |
5.4 Alternatives to Discovery Mechanisms | 393 |
5.5 Legal Privilege | 393 |
5.6 Rules Disallowing Disclosure of a Document | 393 |
6. Injunctive Relief | 393 |
6.1 Circumstances of Injunctive Relief | 393 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 394 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 394 |
6.4 Liability for Damages for the Applicant | 394 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 394 |
6.6 Third Parties and Injunctive Relief | 394 |
6.7 Consequences of a Respondent’s Non-compliance | 394 |
7. Trials and Hearings | 394 |
7.1 Trial Proceedings | 394 |
7.2 Case Management Hearings | 395 |
7.3 Jury Trials in Civil Cases | 395 |
7.4 Rules That Govern Admission of Evidence | 395 |
7.5 Expert Testimony | 396 |
7.6 Extent to Which Hearings Are Open to the Public | 396 |
7.7 Level of Intervention by a Judge | 396 |
7.8 General Timeframes for Proceedings | 396 |
8. Settlement | 396 |
8.1 Court Approval | 396 |
8.2 Settlement of Lawsuits and Confidentiality | 396 |
8.3 Enforcement of Settlement Agreements | 397 |
8.4 Setting Aside Settlement Agreements | 397 |
9. Damages and Judgment | 397 |
9.1 Awards Available to the Successful Litigant | 397 |
9.2 Rules Regarding Damages | 397 |
9.3 Pre-judgment and Post-judgment Interest | 398 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 398 |
9.5 Enforcement of a Judgment From a Foreign Country | 398 |
10. Appeal | 399 |
10.1 Levels of Appeal or Review to a Litigation | 399 |
10.2 Rules Concerning Appeals of Judgments | 399 |
10.3 Procedure for Taking an Appeal | 400 |
10.4 Issues Considered by the Appeal Court at an Appeal | 400 |
10.5 Court-Imposed Conditions on Granting an Appeal | 400 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 401 |
11. Costs | 401 |
11.1 Responsibility for Paying the Costs of Litigation | 401 |
11.2 Factors Considered When Awarding Costs | 401 |
11.3 Interest Awarded on Costs | 402 |
12. Alternative Dispute Resolution (ADR) | 402 |
12.1 Views of ADR Within the Country | 402 |
12.2 ADR Within the Legal System | 402 |
12.3 ADR Institutions | 403 |
13. Arbitration | 403 |
13.1 Laws Regarding the Conduct of Arbitration | 403 |
13.2 Subject Matters Not Referred to Arbitration | 403 |
13.3 Circumstances to Challenge an Arbitral Award | 404 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 404 |
14. Outlook | 405 |
14.1 Proposals for Dispute Resolution Reform | 405 |
14.2 Growth Areas | 405 |
1. General | 410 |
1.1 General Characteristics of the Legal System | 410 |
1.2 Court System | 410 |
1.3 Court Filings and Proceedings | 411 |
1.4 Legal Representation in Court | 411 |
2. Litigation Funding | 412 |
2.1 Third-Party Litigation Funding | 412 |
2.2 Third-Party Funding: Lawsuits | 412 |
2.3 Third-Party Funding for Plaintiff and Defendant | 413 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 413 |
2.5 Types of Costs Considered Under Third-Party Funding | 413 |
2.6 Contingency Fees | 413 |
2.7 Time Limit for Obtaining Third-Party Funding | 413 |
3. Initiating a Lawsuit | 414 |
3.1 Rules on Pre-action Conduct | 414 |
3.2 Statutes of Limitations | 414 |
3.3 Jurisdictional Requirements for a Defendant | 414 |
3.4 Initial Complaint | 415 |
3.5 Rules of Service | 415 |
3.6 Failure to Respond | 416 |
3.7 Representative or Collective Actions | 416 |
3.8 Requirements for Cost Estimate | 417 |
4. Pre-trial Proceedings | 417 |
4.1 Interim Applications/Motions | 417 |
4.2 Early Judgment Applications | 417 |
4.3 Dispositive Motions | 418 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 418 |
4.5 Applications for Security for Defendant’s Costs | 418 |
4.6 Costs of Interim Applications/Motions | 418 |
4.7 Application/Motion Timeframe | 419 |
5. Discovery | 419 |
5.1 Discovery and Civil Cases | 419 |
5.2 Discovery and Third Parties | 419 |
5.3 Discovery in This Jurisdiction | 420 |
5.4 Alternatives to Discovery Mechanisms | 420 |
5.5 Legal Privilege | 420 |
5.6 Rules Disallowing Disclosure of a Document | 420 |
6. Injunctive Relief | 420 |
6.1 Circumstances of Injunctive Relief | 420 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 421 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 421 |
6.4 Liability for Damages for the Applicant | 421 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 421 |
6.6 Third Parties and Injunctive Relief | 421 |
6.7 Consequences of a Respondent’s Non-compliance | 422 |
7. Trials and Hearings | 422 |
7.1 Trial Proceedings | 422 |
7.2 Case Management Hearings | 422 |
7.3 Jury Trials in Civil Cases | 422 |
7.4 Rules That Govern Admission of Evidence | 422 |
7.5 Expert Testimony | 422 |
7.6 Extent to Which Hearings Are Open to the Public | 423 |
7.7 Level of Intervention by a Judge | 423 |
7.8 General Timeframes for Proceedings | 423 |
8. Settlement | 423 |
8.1 Court Approval | 423 |
8.2 Settlement of Lawsuits and Confidentiality | 423 |
8.3 Enforcement of Settlement Agreements | 424 |
8.4 Setting Aside Settlement Agreements | 424 |
9. Damages and Judgment | 424 |
9.1 Awards Available to the Successful Litigant | 424 |
9.2 Rules Regarding Damages | 424 |
9.3 Pre-judgment and Post-judgment Interest | 424 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 424 |
9.5 Enforcement of a Judgment From a Foreign Country | 425 |
10. Appeal | 425 |
10.1 Levels of Appeal or Review to a Litigation | 425 |
10.2 Rules Concerning Appeals of Judgments | 425 |
10.3 Procedure for Taking an Appeal | 426 |
10.4 Issues Considered by the Appeal Court at an Appeal | 426 |
10.5 Court-Imposed Conditions on Granting an Appeal | 426 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 426 |
11. Costs | 426 |
11.1 Responsibility for Paying the Costs of Litigation | 426 |
11.2 Factors Considered When Awarding Costs | 427 |
11.3 Interest Awarded on Costs | 427 |
12. Alternative Dispute Resolution (ADR) | 427 |
12.1 Views of ADR Within the Country | 427 |
12.2 ADR Within the Legal System | 427 |
12.3 ADR Institutions | 428 |
13. Arbitration | 428 |
13.1 Laws Regarding the Conduct of Arbitration | 428 |
13.2 Subject Matters Not Referred to Arbitration | 428 |
13.3 Circumstances to Challenge an Arbitral Award | 428 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 429 |
14. Outlook | 429 |
14.1 Proposals for Dispute Resolution Reform | 429 |
14.2 Growth Areas | 429 |
1. General | 441 |
1.1 General Characteristics of the Legal System | 441 |
1.2 Court System | 441 |
1.3 Court Filings and Proceedings | 442 |
1.4 Legal Representation in Court | 442 |
2. Litigation Funding | 442 |
2.1 Third-Party Litigation Funding | 442 |
2.2 Third-Party Funding: Lawsuits | 443 |
2.3 Third-Party Funding for Plaintiff and Defendant | 443 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 443 |
2.5 Types of Costs Considered Under Third-Party Funding | 443 |
2.6 Contingency Fees | 444 |
2.7 Time Limit for Obtaining Third-Party Funding | 444 |
3. Initiating a Lawsuit | 444 |
3.1 Rules on Pre-action Conduct | 444 |
3.2 Statutes of Limitations | 444 |
3.3 Jurisdictional Requirements for a Defendant | 444 |
3.4 Initial Complaint | 444 |
3.5 Rules of Service | 445 |
3.6 Failure to Respond | 445 |
3.7 Representative or Collective Actions | 445 |
3.8 Requirements for Cost Estimate | 445 |
4. Pre-trial Proceedings | 445 |
4.1 Interim Applications/Motions | 445 |
4.2 Early Judgment Applications | 446 |
4.3 Dispositive Motions | 446 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 446 |
4.5 Applications for Security for Defendant’s Costs | 446 |
4.6 Costs of Interim Applications/Motions | 446 |
4.7 Application/Motion Timeframe | 447 |
5. Discovery | 447 |
5.1 Discovery and Civil Cases | 447 |
5.2 Discovery and Third Parties | 447 |
5.3 Discovery in This Jurisdiction | 447 |
5.4 Alternatives to Discovery Mechanisms | 447 |
5.5 Legal Privilege | 448 |
5.6 Rules Disallowing Disclosure of a Document | 448 |
6. Injunctive Relief | 448 |
6.1 Circumstances of Injunctive Relief | 448 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 449 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 449 |
6.4 Liability for Damages for the Applicant | 450 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 450 |
6.6 Third Parties and Injunctive Relief | 450 |
6.7 Consequences of a Respondent’s Non-compliance | 450 |
7. Trials and Hearings | 450 |
7.1 Trial Proceedings | 450 |
7.2 Case Management Hearings | 451 |
7.3 Jury Trials in Civil Cases | 451 |
7.4 Rules That Govern Admission of Evidence | 451 |
7.5 Expert Testimony | 451 |
7.6 Extent to Which Hearings Are Open to the Public | 451 |
7.7 Level of Intervention by a Judge | 452 |
7.8 General Timeframes for Proceedings | 452 |
8. Settlement | 452 |
8.1 Court Approval | 452 |
8.2 Settlement of Lawsuits and Confidentiality | 452 |
8.3 Enforcement of Settlement Agreements | 452 |
8.4 Setting Aside Settlement Agreements | 452 |
9. Damages and Judgment | 452 |
9.1 Awards Available to the Successful Litigant | 452 |
9.2 Rules Regarding Damages | 453 |
9.3 Pre-judgment and Post-judgment Interest | 453 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 453 |
9.5 Enforcement of a Judgment From a Foreign Country | 454 |
10. Appeal | 454 |
10.1 Levels of Appeal or Review to a Litigation | 454 |
10.2 Rules Concerning Appeals of Judgments | 454 |
10.3 Procedure for Taking an Appeal | 454 |
10.4 Issues Considered by the Appeal Court at an Appeal | 455 |
10.5 Court-Imposed Conditions on Granting an Appeal | 455 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 455 |
11. Costs | 455 |
11.1 Responsibility for Paying the Costs of Litigation | 455 |
11.2 Factors Considered When Awarding Costs | 456 |
11.3 Interest Awarded on Costs | 456 |
12. Alternative Dispute Resolution (ADR) | 456 |
12.1 Views of ADR Within the Country | 456 |
12.2 ADR Within the Legal System | 457 |
12.3 ADR Institutions | 457 |
13. Arbitration | 458 |
13.1 Laws Regarding the Conduct of Arbitration | 458 |
13.2 Subject Matters Not Referred to Arbitration | 458 |
13.3 Circumstances to Challenge an Arbitral Award | 458 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 459 |
14. Outlook | 459 |
14.1 Proposals for Dispute Resolution Reform | 459 |
14.2 Growth Areas | 459 |
1. General | 472 |
1.1 General Characteristics of the Legal System | 472 |
1.2 Court System | 472 |
1.3 Court Filings and Proceedings | 473 |
1.4 Legal Representation in Court | 473 |
2. Litigation Funding | 473 |
2.1 Third-Party Litigation Funding | 473 |
2.2 Third-Party Funding: Lawsuits | 474 |
2.3 Third-Party Funding for Plaintiff and Defendant | 474 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 474 |
2.5 Types of Costs Considered Under Third-Party Funding | 474 |
2.6 Contingency Fees | 474 |
2.7 Time Limit for Obtaining Third-Party Funding | 475 |
3. Initiating a Lawsuit | 475 |
3.1 Rules on Pre-action Conduct | 475 |
3.2 Statutes of Limitations | 475 |
3.3 Jurisdictional Requirements for a Defendant | 475 |
3.4 Initial Complaint | 476 |
3.5 Rules of Service | 476 |
3.6 Failure to Respond | 477 |
3.7 Representative or Collective Actions | 477 |
3.8 Requirements for Cost Estimate | 478 |
4. Pre-trial Proceedings | 479 |
4.1 Interim Applications/Motions | 479 |
4.2 Early Judgment Applications | 479 |
4.3 Dispositive Motions | 479 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 479 |
4.5 Applications for Security for Defendant’s Costs | 480 |
4.6 Costs of Interim Applications/Motions | 480 |
4.7 Application/Motion Timeframe | 480 |
5. Discovery | 480 |
5.1 Discovery and Civil Cases | 480 |
5.2 Discovery and Third Parties | 481 |
5.3 Discovery in This Jurisdiction | 481 |
5.4 Alternatives to Discovery Mechanisms | 481 |
5.5 Legal Privilege | 481 |
5.6 Rules Disallowing Disclosure of a Document | 481 |
6. Injunctive Relief | 482 |
6.1 Circumstances of Injunctive Relief | 482 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 482 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 482 |
6.4 Liability for Damages for the Applicant | 483 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 483 |
6.6 Third Parties and Injunctive Relief | 483 |
6.7 Consequences of a Respondent’s Non-compliance | 483 |
7. Trials and Hearings | 483 |
7.1 Trial Proceedings | 483 |
7.2 Case Management Hearings | 484 |
7.3 Jury Trials in Civil Cases | 484 |
7.4 Rules That Govern Admission of Evidence | 484 |
7.5 Expert Testimony | 485 |
7.6 Extent to Which Hearings Are Open to the Public | 485 |
7.7 Level of Intervention by a Judge | 485 |
7.8 General Timeframes for Proceedings | 486 |
8. Settlement | 486 |
8.1 Court Approval | 486 |
8.2 Settlement of Lawsuits and Confidentiality | 486 |
8.3 Enforcement of Settlement Agreements | 486 |
8.4 Setting Aside Settlement Agreements | 486 |
9. Damages and Judgment | 486 |
9.1 Awards Available to the Successful Litigant | 486 |
9.2 Rules Regarding Damages | 487 |
9.3 Pre-judgment and Post-judgment Interest | 487 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 487 |
9.5 Enforcement of a Judgment From a Foreign Country | 488 |
10. Appeal | 488 |
10.1 Levels of Appeal or Review to a Litigation | 488 |
10.2 Rules Concerning Appeals of Judgments | 488 |
10.3 Procedure for Taking an Appeal | 489 |
10.4 Issues Considered by the Appeal Court at an Appeal | 489 |
10.5 Court-Imposed Conditions on Granting an Appeal | 489 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 489 |
11. Costs | 490 |
11.1 Responsibility for Paying the Costs of Litigation | 490 |
11.2 Factors Considered When Awarding Costs | 490 |
11.3 Interest Awarded on Costs | 490 |
12. Alternative Dispute Resolution (ADR) | 490 |
12.1 Views of ADR Within the Country | 490 |
12.2 ADR Within the Legal System | 490 |
12.3 ADR Institutions | 490 |
13. Arbitration | 491 |
13.1 Laws Regarding the Conduct of Arbitration | 491 |
13.2 Subject Matters Not Referred to Arbitration | 491 |
13.3 Circumstances to Challenge an Arbitral Award | 491 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 491 |
14. Outlook | 492 |
14.1 Proposals for Dispute Resolution Reform | 492 |
14.2 Growth Areas | 493 |
1. General | 498 |
1.1 General Characteristics of the Legal System | 498 |
1.2 Court System | 499 |
1.3 Court Filings and Proceedings | 500 |
1.4 Legal Representation in Court | 500 |
2. Litigation Funding | 501 |
2.1 Third-Party Litigation Funding | 501 |
2.2 Third-Party Funding: Lawsuits | 501 |
2.3 Third-Party Funding for Plaintiff and Defendant | 501 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 501 |
2.5 Types of Costs Considered Under Third-Party Funding | 501 |
2.6 Contingency Fees | 501 |
2.7 Time Limit for Obtaining Third-Party Funding | 501 |
3. Initiating a Lawsuit | 501 |
3.1 Rules on Pre-action Conduct | 501 |
3.2 Statutes of Limitations | 502 |
3.3 Jurisdictional Requirements for a Defendant | 503 |
3.4 Initial Complaint | 503 |
3.5 Rules of Service | 504 |
3.6 Failure to Respond | 504 |
3.7 Representative or Collective Actions | 504 |
3.8 Requirements for Cost Estimate | 505 |
4. Pre-trial Proceedings | 505 |
4.1 Interim Applications/Motions | 505 |
4.2 Early Judgment Applications | 505 |
4.3 Dispositive Motions | 505 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 505 |
4.5 Applications for Security for Defendant’s Costs | 506 |
4.6 Costs of Interim Applications/Motions | 506 |
4.7 Application/Motion Timeframe | 506 |
5. Discovery | 506 |
5.1 Discovery and Civil Cases | 506 |
5.2 Discovery and Third Parties | 507 |
5.3 Discovery in This Jurisdiction | 507 |
5.4 Alternatives to Discovery Mechanisms | 507 |
5.5 Legal Privilege | 507 |
5.6 Rules Disallowing Disclosure of a Document | 508 |
6. Injunctive Relief | 508 |
6.1 Circumstances of Injunctive Relief | 508 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 508 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 509 |
6.4 Liability for Damages for the Applicant | 509 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 509 |
6.6 Third Parties and Injunctive Relief | 509 |
6.7 Consequences of a Respondent’s Non-compliance | 509 |
7. Trials and Hearings | 509 |
7.1 Trial Proceedings | 509 |
7.2 Case Management Hearings | 510 |
7.3 Jury Trials in Civil Cases | 510 |
7.4 Rules That Govern Admission of Evidence | 510 |
7.5 Expert Testimony | 511 |
7.6 Extent to Which Hearings Are Open to the Public | 511 |
7.7 Level of Intervention by a Judge | 511 |
7.8 General Timeframes for Proceedings | 511 |
8. Settlement | 512 |
8.1 Court Approval | 512 |
8.2 Settlement of Lawsuits and Confidentiality | 512 |
8.3 Enforcement of Settlement Agreements | 512 |
8.4 Setting Aside Settlement Agreements | 512 |
9. Damages and Judgment | 513 |
9.1 Awards Available to the Successful Litigant | 513 |
9.2 Rules Regarding Damages | 513 |
9.3 Pre-judgment and Post-judgment Interest | 513 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 513 |
9.5 Enforcement of a Judgment From a Foreign Country | 514 |
10. Appeal | 514 |
10.1 Levels of Appeal or Review to a Litigation | 514 |
10.2 Rules Concerning Appeals of Judgments | 515 |
10.3 Procedure for Taking an Appeal | 515 |
10.4 Issues Considered by the Appeal Court at an Appeal | 515 |
10.5 Court-Imposed Conditions on Granting an Appeal | 516 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 516 |
11. Costs | 516 |
11.1 Responsibility for Paying the Costs of Litigation | 516 |
11.2 Factors Considered When Awarding Costs | 516 |
11.3 Interest Awarded on Costs | 517 |
12. Alternative Dispute Resolution (ADR) | 517 |
12.1 Views of ADR Within the Country | 517 |
12.2 ADR Within the Legal System | 517 |
12.3 ADR Institutions | 517 |
13. Arbitration | 518 |
13.1 Laws Regarding the Conduct of Arbitration | 518 |
13.2 Subject Matters Not Referred to Arbitration | 519 |
13.3 Circumstances to Challenge an Arbitral Award | 519 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 520 |
14. Outlook | 520 |
14.1 Proposals for Dispute Resolution Reform | 520 |
14.2 Growth Areas | 521 |
1. General | 526 |
1.1 General Characteristics of the Legal System | 526 |
1.2 Court System | 526 |
1.3 Court Filings and Proceedings | 528 |
1.4 Legal Representation in Court | 528 |
2. Litigation Funding | 528 |
2.1 Third-Party Litigation Funding | 528 |
2.2 Third-Party Funding: Lawsuits | 528 |
2.3 Third-Party Funding for Plaintiff and Defendant | 528 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 529 |
2.5 Types of Costs Considered Under Third-Party Funding | 529 |
2.6 Contingency Fees | 529 |
2.7 Time Limit for Obtaining Third-Party Funding | 529 |
3. Initiating a Lawsuit | 529 |
3.1 Rules on Pre-action Conduct | 529 |
3.2 Statutes of Limitations | 529 |
3.3 Jurisdictional Requirements for a Defendant | 530 |
3.4 Initial Complaint | 530 |
3.5 Rules of Service | 530 |
3.6 Failure to Respond | 531 |
3.7 Representative or Collective Actions | 531 |
3.8 Requirements for Cost Estimate | 531 |
4. Pre-trial Proceedings | 532 |
4.1 Interim Applications/Motions | 532 |
4.2 Early Judgment Applications | 532 |
4.3 Dispositive Motions | 532 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 532 |
4.5 Applications for Security for Defendant’s Costs | 533 |
4.6 Costs of Interim Applications/Motions | 533 |
4.7 Application/Motion Timeframe | 533 |
5. Discovery | 534 |
5.1 Discovery and Civil Cases | 534 |
5.2 Discovery and Third Parties | 534 |
5.3 Discovery in This Jurisdiction | 534 |
5.4 Alternatives to Discovery Mechanisms | 535 |
5.5 Legal Privilege | 535 |
5.6 Rules Disallowing Disclosure of a Document | 535 |
6. Injunctive Relief | 536 |
6.1 Circumstances of Injunctive Relief | 536 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 536 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 537 |
6.4 Liability for Damages for the Applicant | 537 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 537 |
6.6 Third Parties and Injunctive Relief | 537 |
6.7 Consequences of a Respondent’s Non-compliance | 537 |
7. Trials and Hearings | 537 |
7.1 Trial Proceedings | 537 |
7.2 Case Management Hearings | 537 |
7.3 Jury Trials in Civil Cases | 538 |
7.4 Rules That Govern Admission of Evidence | 538 |
7.5 Expert Testimony | 538 |
7.6 Extent to Which Hearings Are Open to the Public | 538 |
7.7 Level of Intervention by a Judge | 538 |
7.8 General Timeframes for Proceedings | 538 |
8. Settlement | 538 |
8.1 Court Approval | 538 |
8.2 Settlement of Lawsuits and Confidentiality | 539 |
8.3 Enforcement of Settlement Agreements | 539 |
8.4 Setting Aside Settlement Agreements | 539 |
9. Damages and Judgment | 539 |
9.1 Awards Available to the Successful Litigant | 539 |
9.2 Rules Regarding Damages | 539 |
9.3 Pre-judgment and Post-judgment Interest | 539 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 540 |
9.5 Enforcement of a Judgment From a Foreign Country | 540 |
10. Appeal | 540 |
10.1 Levels of Appeal or Review to a Litigation | 540 |
10.2 Rules Concerning Appeals of Judgments | 540 |
10.3 Procedure for Taking an Appeal | 541 |
10.4 Issues Considered by the Appeal Court at an Appeal | 541 |
10.5 Court-Imposed Conditions on Granting an Appeal | 541 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 542 |
11. Costs | 542 |
11.1 Responsibility for Paying the Costs of Litigation | 542 |
11.2 Factors Considered When Awarding Costs | 542 |
11.3 Interest Awarded on Costs | 543 |
12. Alternative Dispute Resolution (ADR) | 543 |
12.1 Views of ADR Within the Country | 543 |
12.2 ADR Within the Legal System | 543 |
12.3 ADR Institutions | 543 |
13. Arbitration | 543 |
13.1 Laws Regarding the Conduct of Arbitration | 543 |
13.2 Subject Matters Not Referred to Arbitration | 543 |
13.3 Circumstances to Challenge an Arbitral Award | 543 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 544 |
14. Outlook | 544 |
14.1 Proposals for Dispute Resolution Reform | 544 |
14.2 Growth Areas | 544 |
1. General | 549 |
1.1 General Characteristics of the Legal System | 549 |
1.2 Court System | 549 |
1.3 Court Filings and Proceedings | 550 |
1.4 Legal Representation in Court | 550 |
2. Litigation Funding | 550 |
2.1 Third-Party Litigation Funding | 550 |
2.2 Third-Party Funding: Lawsuits | 551 |
2.3 Third-Party Funding for Plaintiff and Defendant | 551 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 551 |
2.5 Types of Costs Considered Under Third-Party Funding | 551 |
2.6 Contingency Fees | 551 |
2.7 Time Limit for Obtaining Third-Party Funding | 551 |
3. Initiating a Lawsuit | 551 |
3.1 Rules on Pre-action Conduct | 551 |
3.2 Statutes of Limitations | 552 |
3.3 Jurisdictional Requirements for a Defendant | 552 |
3.4 Initial Complaint | 553 |
3.5 Rules of Service | 555 |
3.6 Failure to Respond | 555 |
3.7 Representative or Collective Actions | 555 |
3.8 Requirements for Cost Estimate | 556 |
4. Pre-trial Proceedings | 556 |
4.1 Interim Applications/Motions | 556 |
4.2 Early Judgment Applications | 557 |
4.3 Dispositive Motions | 557 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 557 |
4.5 Applications for Security for Defendant’s Costs | 558 |
4.6 Costs of Interim Applications/Motions | 558 |
4.7 Application/Motion Timeframe | 558 |
5. Discovery | 559 |
5.1 Discovery and Civil Cases | 559 |
5.2 Discovery and Third Parties | 559 |
5.3 Discovery in This Jurisdiction | 559 |
5.4 Alternatives to Discovery Mechanisms | 560 |
5.5 Legal Privilege | 560 |
5.6 Rules Disallowing Disclosure of a Document | 561 |
6. Injunctive Relief | 561 |
6.1 Circumstances of Injunctive Relief | 561 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 562 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 562 |
6.4 Liability for Damages for the Applicant | 563 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 563 |
6.6 Third Parties and Injunctive Relief | 563 |
6.7 Consequences of a Respondent’s Non-compliance | 563 |
7. Trials and Hearings | 563 |
7.1 Trial Proceedings | 563 |
7.2 Case Management Hearings | 564 |
7.3 Jury Trials in Civil Cases | 564 |
7.4 Rules That Govern Admission of Evidence | 564 |
7.5 Expert Testimony | 565 |
7.6 Extent to Which Hearings Are Open to the Public | 565 |
7.7 Level of Intervention by a Judge | 565 |
7.8 General Timeframes for Proceedings | 566 |
8. Settlement | 566 |
8.1 Court Approval | 566 |
8.2 Settlement of Lawsuits and Confidentiality | 566 |
8.3 Enforcement of Settlement Agreements | 566 |
8.4 Setting Aside Settlement Agreements | 566 |
9. Damages and Judgment | 567 |
9.1 Awards Available to the Successful Litigant | 567 |
9.2 Rules Regarding Damages | 567 |
9.3 Pre-judgment and Post-judgment Interest | 568 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 568 |
9.5 Enforcement of a Judgment From a Foreign Country | 568 |
10. Appeal | 569 |
10.1 Levels of Appeal or Review to a Litigation | 569 |
10.2 Rules Concerning Appeals of Judgments | 570 |
10.3 Procedure for Taking an Appeal | 570 |
10.4 Issues Considered by the Appeal Court at an Appeal | 571 |
10.5 Court-Imposed Conditions on Granting an Appeal | 572 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 572 |
11. Costs | 573 |
11.1 Responsibility for Paying the Costs of Litigation | 573 |
11.2 Factors Considered When Awarding Costs | 573 |
11.3 Interest Awarded on Costs | 574 |
12. Alternative Dispute Resolution (ADR) | 574 |
12.1 Views of ADR Within the Country | 574 |
12.2 ADR Within the Legal System | 574 |
12.3 ADR Institutions | 575 |
13. Arbitration | 575 |
13.1 Laws Regarding the Conduct of Arbitration | 575 |
13.2 Subject Matters Not Referred to Arbitration | 575 |
13.3 Circumstances to Challenge an Arbitral Award | 576 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 576 |
14. Outlook | 577 |
14.1 Proposals for Dispute Resolution Reform | 577 |
14.2 Growth Areas | 577 |
1. General | 591 |
1.1 General Characteristics of the Legal System | 591 |
1.2 Court System | 591 |
1.3 Court Filings and Proceedings | 592 |
1.4 Legal Representation in Court | 592 |
2. Litigation Funding | 592 |
2.1 Third-Party Litigation Funding | 592 |
2.2 Third-Party Funding: Lawsuits | 593 |
2.3 Third-Party Funding for Plaintiff and Defendant | 593 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 593 |
2.5 Types of Costs Considered Under Third-Party Funding | 593 |
2.6 Contingency Fees | 593 |
2.7 Time Limit for Obtaining Third-Party Funding | 593 |
3. Initiating a Lawsuit | 593 |
3.1 Rules on Pre-action Conduct | 593 |
3.2 Statutes of Limitations | 594 |
3.3 Jurisdictional Requirements for a Defendant | 594 |
3.4 Initial Complaint | 594 |
3.5 Rules of Service | 594 |
3.6 Failure to Respond | 595 |
3.7 Representative or Collective Actions | 595 |
3.8 Requirements for Cost Estimate | 595 |
4. Pre-trial Proceedings | 595 |
4.1 Interim Applications/Motions | 595 |
4.2 Early Judgment Applications | 595 |
4.3 Dispositive Motions | 596 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 596 |
4.5 Applications for Security for Defendant’s Costs | 596 |
4.6 Costs of Interim Applications/Motions | 596 |
4.7 Application/Motion Timeframe | 596 |
5. Discovery | 597 |
5.1 Discovery and Civil Cases | 597 |
5.2 Discovery and Third Parties | 597 |
5.3 Discovery in This Jurisdiction | 597 |
5.4 Alternatives to Discovery Mechanisms | 598 |
5.5 Legal Privilege | 598 |
5.6 Rules Disallowing Disclosure of a Document | 598 |
6. Injunctive Relief | 598 |
6.1 Circumstances of Injunctive Relief | 598 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 599 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 599 |
6.4 Liability for Damages for the Applicant | 599 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 599 |
6.6 Third Parties and Injunctive Relief | 599 |
6.7 Consequences of a Respondent’s Non-compliance | 599 |
7. Trials and Hearings | 599 |
7.1 Trial Proceedings | 599 |
7.2 Case Management Hearings | 599 |
7.3 Jury Trials in Civil Cases | 600 |
7.4 Rules That Govern Admission of Evidence | 600 |
7.5 Expert Testimony | 600 |
7.6 Extent to Which Hearings Are Open to the Public | 600 |
7.7 Level of Intervention by a Judge | 600 |
7.8 General Timeframes for Proceedings | 601 |
8. Settlement | 601 |
8.1 Court Approval | 601 |
8.2 Settlement of Lawsuits and Confidentiality | 601 |
8.3 Enforcement of Settlement Agreements | 601 |
8.4 Setting Aside Settlement Agreements | 602 |
9. Damages and Judgment | 602 |
9.1 Awards Available to the Successful Litigant | 602 |
9.2 Rules Regarding Damages | 603 |
9.3 Pre-judgment and Post-judgment Interest | 603 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 604 |
9.5 Enforcement of a Judgment From a Foreign Country | 604 |
10. Appeal | 604 |
10.1 Levels of Appeal or Review to a Litigation | 604 |
10.2 Rules Concerning Appeals of Judgments | 605 |
10.3 Procedure for Taking an Appeal | 605 |
10.4 Issues Considered by the Appeal Court at an Appeal | 605 |
10.5 Court-Imposed Conditions on Granting an Appeal | 606 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 606 |
11. Costs | 606 |
11.1 Responsibility for Paying the Costs of Litigation | 606 |
11.2 Factors Considered When Awarding Costs | 607 |
11.3 Interest Awarded on Costs | 607 |
12. Alternative Dispute Resolution (ADR) | 607 |
12.1 Views of ADR Within the Country | 607 |
12.2 ADR Within the Legal System | 608 |
12.3 ADR Institutions | 608 |
13. Arbitration | 608 |
13.1 Laws Regarding the Conduct of Arbitration | 608 |
13.2 Subject Matters Not Referred to Arbitration | 609 |
13.3 Circumstances to Challenge an Arbitral Award | 609 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 610 |
14. Outlook | 611 |
14.1 Proposals for Dispute Resolution Reform | 611 |
14.2 Growth Areas | 611 |
1. General | 625 |
1.1 General Characteristics of the Legal System | 625 |
1.2 Court System | 625 |
1.3 Court Filings and Proceedings | 626 |
1.4 Legal Representation in Court | 626 |
2. Litigation Funding | 626 |
2.1 Third-Party Litigation Funding | 626 |
2.2 Third-Party Funding: Lawsuits | 627 |
2.3 Third-Party Funding for Plaintiff and Defendant | 627 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 627 |
2.5 Types of Costs Considered Under Third-Party Funding | 627 |
2.6 Contingency Fees | 627 |
2.7 Time Limit for Obtaining Third-Party Funding | 627 |
3. Initiating a Lawsuit | 627 |
3.1 Rules on Pre-action Conduct | 627 |
3.2 Statutes of Limitations | 627 |
3.3 Jurisdictional Requirements for a Defendant | 628 |
3.4 Initial Complaint | 628 |
3.5 Rules of Service | 628 |
3.6 Failure to Respond | 629 |
3.7 Representative or Collective Actions | 629 |
3.8 Requirements for Cost Estimate | 630 |
4. Pre-trial Proceedings | 630 |
4.1 Interim Applications/Motions | 630 |
4.2 Early Judgment Applications | 630 |
4.3 Dispositive Motions | 630 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 630 |
4.5 Applications for Security for Defendant’s Costs | 631 |
4.6 Costs of Interim Applications/Motions | 631 |
4.7 Application/Motion Timeframe | 631 |
5. Discovery | 631 |
5.1 Discovery and Civil Cases | 631 |
5.2 Discovery and Third Parties | 632 |
5.3 Discovery in This Jurisdiction | 632 |
5.4 Alternatives to Discovery Mechanisms | 632 |
5.5 Legal Privilege | 632 |
5.6 Rules Disallowing Disclosure of a Document | 632 |
6. Injunctive Relief | 632 |
6.1 Circumstances of Injunctive Relief | 632 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 633 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 633 |
6.4 Liability for Damages for the Applicant | 633 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 633 |
6.6 Third Parties and Injunctive Relief | 634 |
6.7 Consequences of a Respondent’s Non-compliance | 634 |
7. Trials and Hearings | 634 |
7.1 Trial Proceedings | 634 |
7.2 Case Management Hearings | 635 |
7.3 Jury Trials in Civil Cases | 635 |
7.4 Rules That Govern Admission of Evidence | 635 |
7.5 Expert Testimony | 636 |
7.6 Extent to Which Hearings Are Open to the Public | 636 |
7.7 Level of Intervention by a Judge | 636 |
7.8 General Timeframes for Proceedings | 637 |
8. Settlement | 637 |
8.1 Court Approval | 637 |
8.2 Settlement of Lawsuits and Confidentiality | 637 |
8.3 Enforcement of Settlement Agreements | 637 |
8.4 Setting Aside Settlement Agreements | 638 |
9. Damages and Judgment | 638 |
9.1 Awards Available to the Successful Litigant | 638 |
9.2 Rules Regarding Damages | 639 |
9.3 Pre-judgment and Post-judgment Interest | 639 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 639 |
9.5 Enforcement of a Judgment From a Foreign Country | 640 |
10. Appeal | 640 |
10.1 Levels of Appeal or Review to a Litigation | 640 |
10.2 Rules Concerning Appeals of Judgments | 640 |
10.3 Procedure for Taking an Appeal | 640 |
10.4 Issues Considered by the Appeal Court at an Appeal | 641 |
10.5 Court-Imposed Conditions on Granting an Appeal | 641 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 641 |
11. Costs | 641 |
11.1 Responsibility for Paying the Costs of Litigation | 641 |
11.2 Factors Considered When Awarding Costs | 641 |
11.3 Interest Awarded on Costs | 641 |
12. Alternative Dispute Resolution (ADR) | 642 |
12.1 Views of ADR Within the Country | 642 |
12.2 ADR Within the Legal System | 642 |
12.3 ADR Institutions | 642 |
13. Arbitration | 642 |
13.1 Laws Regarding the Conduct of Arbitration | 642 |
13.2 Subject Matters Not Referred to Arbitration | 643 |
13.3 Circumstances to Challenge an Arbitral Award | 643 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 643 |
14. Outlook | 643 |
14.1 Proposals for Dispute Resolution Reform | 643 |
14.2 Growth Areas | 643 |
1. General | 657 |
1.1 General Characteristics of the Legal System | 657 |
1.2 Court System | 657 |
1.3 Court Filings and Proceedings | 657 |
1.4 Legal Representation in Court | 657 |
2. Litigation Funding | 657 |
2.1 Third-Party Litigation Funding | 657 |
2.2 Third-Party Funding: Lawsuits | 658 |
2.3 Third-Party Funding for Plaintiff and Defendant | 658 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 658 |
2.5 Types of Costs Considered Under Third-Party Funding | 658 |
2.6 Contingency Fees | 658 |
2.7 Time Limit for Obtaining Third-Party Funding | 658 |
3. Initiating a Lawsuit | 658 |
3.1 Rules on Pre-action Conduct | 658 |
3.2 Statutes of Limitations | 659 |
3.3 Jurisdictional Requirements for a Defendant | 659 |
3.4 Initial Complaint | 659 |
3.5 Rules of Service | 660 |
3.6 Failure to Respond | 660 |
3.7 Representative or Collective Actions | 660 |
3.8 Requirements for Cost Estimate | 661 |
4. Pre-trial Proceedings | 661 |
4.1 Interim Applications/Motions | 661 |
4.2 Early Judgment Applications | 661 |
4.3 Dispositive Motions | 662 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 662 |
4.5 Applications for Security for Defendant’s Costs | 662 |
4.6 Costs of Interim Applications/Motions | 662 |
4.7 Application/Motion Timeframe | 662 |
5. Discovery | 663 |
5.1 Discovery and Civil Cases | 663 |
5.2 Discovery and Third Parties | 663 |
5.3 Discovery in This Jurisdiction | 663 |
5.4 Alternatives to Discovery Mechanisms | 663 |
5.5 Legal Privilege | 664 |
5.6 Rules Disallowing Disclosure of a Document | 665 |
6. Injunctive Relief | 665 |
6.1 Circumstances of Injunctive Relief | 665 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 666 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 666 |
6.4 Liability for Damages for the Applicant | 666 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 666 |
6.6 Third Parties and Injunctive Relief | 666 |
6.7 Consequences of a Respondent’s Non-compliance | 666 |
7. Trials and Hearings | 666 |
7.1 Trial Proceedings | 666 |
7.2 Case Management Hearings | 667 |
7.3 Jury Trials in Civil Cases | 667 |
7.4 Rules That Govern Admission of Evidence | 668 |
7.5 Expert Testimony | 668 |
7.6 Extent to Which Hearings Are Open to the Public | 668 |
7.7 Level of Intervention by a Judge | 668 |
7.8 General Timeframes for Proceedings | 669 |
8. Settlement | 669 |
8.1 Court Approval | 669 |
8.2 Settlement of Lawsuits and Confidentiality | 669 |
8.3 Enforcement of Settlement Agreements | 669 |
8.4 Setting Aside Settlement Agreements | 669 |
9. Damages and Judgment | 669 |
9.1 Awards Available to the Successful Litigant | 669 |
9.2 Rules Regarding Damages | 670 |
9.3 Pre-judgment and Post-judgment Interest | 670 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 671 |
9.5 Enforcement of a Judgment From a Foreign Country | 671 |
10. Appeal | 672 |
10.1 Levels of Appeal or Review to a Litigation | 672 |
10.2 Rules Concerning Appeals of Judgments | 672 |
10.3 Procedure for Taking an Appeal | 673 |
10.4 Issues Considered by the Appeal Court at an Appeal | 674 |
10.5 Court-Imposed Conditions on Granting an Appeal | 674 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 674 |
11. Costs | 674 |
11.1 Responsibility for Paying the Costs of Litigation | 674 |
11.2 Factors Considered When Awarding Costs | 675 |
11.3 Interest Awarded on Costs | 675 |
12. Alternative Dispute Resolution (ADR) | 675 |
12.1 Views of ADR Within the Country | 675 |
12.2 ADR Within the Legal System | 675 |
12.3 ADR Institutions | 675 |
13. Arbitration | 675 |
13.1 Laws Regarding the Conduct of Arbitration | 675 |
13.2 Subject Matters Not Referred to Arbitration | 675 |
13.3 Circumstances to Challenge an Arbitral Award | 676 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 676 |
14. Outlook | 677 |
14.1 Proposals for Dispute Resolution Reform | 677 |
14.2 Growth Areas | 677 |
1. General | 692 |
1.1 General Characteristics of the Legal System | 692 |
1.2 Court System | 692 |
1.3 Court Filings and Proceedings | 692 |
1.4 Legal Representation in Court | 693 |
2. Litigation Funding | 693 |
2.1 Third-Party Litigation Funding | 693 |
2.2 Third-Party Funding: Lawsuits | 693 |
2.3 Third-Party Funding for Plaintiff and Defendant | 693 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 693 |
2.5 Types of Costs Considered Under Third-Party Funding | 693 |
2.6 Contingency Fees | 693 |
2.7 Time Limit for Obtaining Third-Party Funding | 693 |
3. Initiating a Lawsuit | 693 |
3.1 Rules on Pre-action Conduct | 693 |
3.2 Statutes of Limitations | 694 |
3.3 Jurisdictional Requirements for a Defendant | 694 |
3.4 Initial Complaint | 694 |
3.5 Rules of Service | 694 |
3.6 Failure to Respond | 694 |
3.7 Representative or Collective Actions | 694 |
3.8 Requirements for Cost Estimate | 695 |
4. Pre-trial Proceedings | 695 |
4.1 Interim Applications/Motions | 695 |
4.2 Early Judgment Applications | 695 |
4.3 Dispositive Motions | 695 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 695 |
4.5 Applications for Security for Defendant’s Costs | 696 |
4.6 Costs of Interim Applications/Motions | 696 |
4.7 Application/Motion Timeframe | 696 |
5. Discovery | 696 |
5.1 Discovery and Civil Cases | 696 |
5.2 Discovery and Third Parties | 696 |
5.3 Discovery in This Jurisdiction | 696 |
5.4 Alternatives to Discovery Mechanisms | 697 |
5.5 Legal Privilege | 697 |
5.6 Rules Disallowing Disclosure of a Document | 697 |
6. Injunctive Relief | 697 |
6.1 Circumstances of Injunctive Relief | 697 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 697 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 698 |
6.4 Liability for Damages for the Applicant | 698 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 698 |
6.6 Third Parties and Injunctive Relief | 698 |
6.7 Consequences of a Respondent’s Non-compliance | 698 |
7. Trials and Hearings | 698 |
7.1 Trial Proceedings | 698 |
7.2 Case Management Hearings | 699 |
7.3 Jury Trials in Civil Cases | 699 |
7.4 Rules That Govern Admission of Evidence | 699 |
7.5 Expert Testimony | 699 |
7.6 Extent to Which Hearings Are Open to the Public | 699 |
7.7 Level of Intervention by a Judge | 699 |
7.8 General Timeframes for Proceedings | 699 |
8. Settlement | 700 |
8.1 Court Approval | 700 |
8.2 Settlement of Lawsuits and Confidentiality | 700 |
8.3 Enforcement of Settlement Agreements | 700 |
8.4 Setting Aside Settlement Agreements | 700 |
9. Damages and Judgment | 700 |
9.1 Awards Available to the Successful Litigant | 700 |
9.2 Rules Regarding Damages | 701 |
9.3 Pre-judgment and Post-judgment Interest | 701 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 701 |
9.5 Enforcement of a Judgment From a Foreign Country | 701 |
10. Appeal | 702 |
10.1 Levels of Appeal or Review to a Litigation | 702 |
10.2 Rules Concerning Appeals of Judgments | 702 |
10.3 Procedure for Taking an Appeal | 702 |
10.4 Issues Considered by the Appeal Court at an Appeal | 702 |
10.5 Court-Imposed Conditions on Granting an Appeal | 703 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 703 |
11. Costs | 703 |
11.1 Responsibility for Paying the Costs of Litigation | 703 |
11.2 Factors Considered When Awarding Costs | 703 |
11.3 Interest Awarded on Costs | 703 |
12. Alternative Dispute Resolution (ADR) | 704 |
12.1 Views of ADR Within the Country | 704 |
12.2 ADR Within the Legal System | 704 |
12.3 ADR Institutions | 704 |
13. Arbitration | 704 |
13.1 Laws Regarding the Conduct of Arbitration | 704 |
13.2 Subject Matters Not Referred to Arbitration | 704 |
13.3 Circumstances to Challenge an Arbitral Award | 705 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 705 |
14. Outlook | 705 |
14.1 Proposals for Dispute Resolution Reform | 705 |
14.2 Growth Areas | 706 |
1. General | 721 |
1.1 General Characteristics of the Legal System | 721 |
1.2 Court System | 721 |
1.3 Court Filings and Proceedings | 722 |
1.4 Legal Representation in Court | 722 |
2. Litigation Funding | 722 |
2.1 Third-Party Litigation Funding | 722 |
2.2 Third-Party Funding: Lawsuits | 723 |
2.3 Third-Party Funding for Plaintiff and Defendant | 723 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 723 |
2.5 Types of Costs Considered Under Third-Party Funding | 723 |
2.6 Contingency Fees | 723 |
2.7 Time Limit for Obtaining Third-Party Funding | 723 |
3. Initiating a Lawsuit | 723 |
3.1 Rules on Pre-action Conduct | 723 |
3.2 Statutes of Limitations | 724 |
3.3 Jurisdictional Requirements for a Defendant | 724 |
3.4 Initial Complaint | 724 |
3.5 Rules of Service | 725 |
3.6 Failure to Respond | 726 |
3.7 Representative or Collective Actions | 726 |
3.8 Requirements for Cost Estimate | 726 |
4. Pre-trial Proceedings | 726 |
4.1 Interim Applications/Motions | 726 |
4.2 Early Judgment Applications | 726 |
4.3 Dispositive Motions | 727 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 727 |
4.5 Applications for Security for Defendant’s Costs | 728 |
4.6 Costs of Interim Applications/Motions | 728 |
4.7 Application/Motion Timeframe | 728 |
5. Discovery | 729 |
5.1 Discovery and Civil Cases | 729 |
5.2 Discovery and Third Parties | 730 |
5.3 Discovery in This Jurisdiction | 730 |
5.4 Alternatives to Discovery Mechanisms | 730 |
5.5 Legal Privilege | 730 |
5.6 Rules Disallowing Disclosure of a Document | 731 |
6. Injunctive Relief | 731 |
6.1 Circumstances of Injunctive Relief | 731 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 731 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 731 |
6.4 Liability for Damages for the Applicant | 732 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 732 |
6.6 Third Parties and Injunctive Relief | 732 |
6.7 Consequences of a Respondent’s Non-compliance | 732 |
7. Trials and Hearings | 732 |
7.1 Trial Proceedings | 732 |
7.2 Case Management Hearings | 733 |
7.3 Jury Trials in Civil Cases | 733 |
7.4 Rules That Govern Admission of Evidence | 733 |
7.5 Expert Testimony | 733 |
7.6 Extent to Which Hearings Are Open to the Public | 734 |
7.7 Level of Intervention by a Judge | 734 |
7.8 General Timeframes for Proceedings | 734 |
8. Settlement | 734 |
8.1 Court Approval | 734 |
8.2 Settlement of Lawsuits and Confidentiality | 734 |
8.3 Enforcement of Settlement Agreements | 734 |
8.4 Setting Aside Settlement Agreements | 734 |
9. Damages and Judgment | 735 |
9.1 Awards Available to the Successful Litigant | 735 |
9.2 Rules Regarding Damages | 735 |
9.3 Pre-judgment and Post-judgment Interest | 735 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 736 |
9.5 Enforcement of a Judgment From a Foreign Country | 736 |
10. Appeal | 736 |
10.1 Levels of Appeal or Review to a Litigation | 736 |
10.2 Rules Concerning Appeals of Judgments | 737 |
10.3 Procedure for Taking an Appeal | 737 |
10.4 Issues Considered by the Appeal Court at an Appeal | 737 |
10.5 Court-Imposed Conditions on Granting an Appeal | 737 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 738 |
11. Costs | 738 |
11.1 Responsibility for Paying the Costs of Litigation | 738 |
11.2 Factors Considered When Awarding Costs | 738 |
11.3 Interest Awarded on Costs | 738 |
12. Alternative Dispute Resolution (ADR) | 738 |
12.1 Views of ADR Within the Country | 738 |
12.2 ADR Within the Legal System | 739 |
12.3 ADR Institutions | 739 |
13. Arbitration | 739 |
13.1 Laws Regarding the Conduct of Arbitration | 739 |
13.2 Subject Matters Not Referred to Arbitration | 739 |
13.3 Circumstances to Challenge an Arbitral Award | 739 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 740 |
14. Outlook | 740 |
14.1 Proposals for Dispute Resolution Reform | 740 |
14.2 Growth Areas | 740 |
1. General | 745 |
1.1 General Characteristics of the Legal System | 745 |
1.2 Court System | 745 |
1.3 Court Filings and Proceedings | 746 |
1.4 Legal Representation in Court | 746 |
2. Litigation Funding | 746 |
2.1 Third-Party Litigation Funding | 746 |
2.2 Third-Party Funding: Lawsuits | 746 |
2.3 Third-Party Funding for Plaintiff and Defendant | 746 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 746 |
2.5 Types of Costs Considered Under Third-Party Funding | 746 |
2.6 Contingency Fees | 746 |
2.7 Time Limit for Obtaining Third-Party Funding | 747 |
3. Initiating a Lawsuit | 747 |
3.1 Rules on Pre-action Conduct | 747 |
3.2 Statutes of Limitations | 747 |
3.3 Jurisdictional Requirements for a Defendant | 748 |
3.4 Initial Complaint | 748 |
3.5 Rules of Service | 749 |
3.6 Failure to Respond | 749 |
3.7 Representative or Collective Actions | 749 |
3.8 Requirements for Cost Estimate | 749 |
4. Pre-trial Proceedings | 749 |
4.1 Interim Applications/Motions | 749 |
4.2 Early Judgment Applications | 750 |
4.3 Dispositive Motions | 750 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 750 |
4.5 Applications for Security for Defendant’s Costs | 751 |
4.6 Costs of Interim Applications/Motions | 751 |
4.7 Application/Motion Timeframe | 751 |
5. Discovery | 751 |
5.1 Discovery and Civil Cases | 751 |
5.2 Discovery and Third Parties | 752 |
5.3 Discovery in This Jurisdiction | 752 |
5.4 Alternatives to Discovery Mechanisms | 752 |
5.5 Legal Privilege | 752 |
5.6 Rules Disallowing Disclosure of a Document | 752 |
6. Injunctive Relief | 753 |
6.1 Circumstances of Injunctive Relief | 753 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 753 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 753 |
6.4 Liability for Damages for the Applicant | 753 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 754 |
6.6 Third Parties and Injunctive Relief | 754 |
6.7 Consequences of a Respondent’s Non-compliance | 754 |
7. Trials and Hearings | 754 |
7.1 Trial Proceedings | 754 |
7.2 Case Management Hearings | 755 |
7.3 Jury Trials in Civil Cases | 755 |
7.4 Rules That Govern Admission of Evidence | 755 |
7.5 Expert Testimony | 755 |
7.6 Extent to Which Hearings Are Open to the Public | 755 |
7.7 Level of Intervention by a Judge | 756 |
7.8 General Timeframes for Proceedings | 756 |
8. Settlement | 756 |
8.1 Court Approval | 756 |
8.2 Settlement of Lawsuits and Confidentiality | 757 |
8.3 Enforcement of Settlement Agreements | 757 |
8.4 Setting Aside Settlement Agreements | 757 |
9. Damages and Judgment | 757 |
9.1 Awards Available to the Successful Litigant | 757 |
9.2 Rules Regarding Damages | 758 |
9.3 Pre-judgment and Post-judgment Interest | 758 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 758 |
9.5 Enforcement of a Judgment From a Foreign Country | 758 |
10. Appeal | 759 |
10.1 Levels of Appeal or Review to a Litigation | 759 |
10.2 Rules Concerning Appeals of Judgments | 759 |
10.3 Procedure for Taking an Appeal | 759 |
10.4 Issues Considered by the Appeal Court at an Appeal | 760 |
10.5 Court-Imposed Conditions on Granting an Appeal | 760 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 760 |
11. Costs | 761 |
11.1 Responsibility for Paying the Costs of Litigation | 761 |
11.2 Factors Considered When Awarding Costs | 761 |
11.3 Interest Awarded on Costs | 761 |
12. Alternative Dispute Resolution (ADR) | 761 |
12.1 Views of ADR Within the Country | 761 |
12.2 ADR Within the Legal System | 762 |
12.3 ADR Institutions | 762 |
13. Arbitration | 762 |
13.1 Laws Regarding the Conduct of Arbitration | 762 |
13.2 Subject Matters Not Referred to Arbitration | 763 |
13.3 Circumstances to Challenge an Arbitral Award | 763 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 763 |
14. Outlook | 764 |
14.1 Proposals for Dispute Resolution Reform | 764 |
14.2 Growth Areas | 765 |
1. General | 771 |
1.1 General Characteristics of the Legal System | 771 |
1.2 Court System | 771 |
1.3 Court Filings and Proceedings | 772 |
1.4 Legal Representation in Court | 772 |
2. Litigation Funding | 773 |
2.1 Third-Party Litigation Funding | 773 |
2.2 Third-Party Funding: Lawsuits | 773 |
2.3 Third-Party Funding for Plaintiff and Defendant | 773 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 773 |
2.5 Types of Costs Considered Under Third-Party Funding | 773 |
2.6 Contingency Fees | 773 |
2.7 Time Limit for Obtaining Third-Party Funding | 773 |
3. Initiating a Lawsuit | 773 |
3.1 Rules on Pre-action Conduct | 773 |
3.2 Statutes of Limitations | 774 |
3.3 Jurisdictional Requirements for a Defendant | 774 |
3.4 Initial Complaint | 775 |
3.5 Rules of Service | 776 |
3.6 Failure to Respond | 776 |
3.7 Representative or Collective Actions | 776 |
3.8 Requirements for Cost Estimate | 776 |
4. Pre-trial Proceedings | 777 |
4.1 Interim Applications/Motions | 777 |
4.2 Early Judgment Applications | 777 |
4.3 Dispositive Motions | 777 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 778 |
4.5 Applications for Security for Defendant’s Costs | 778 |
4.6 Costs of Interim Applications/Motions | 778 |
4.7 Application/Motion Timeframe | 778 |
5. Discovery | 778 |
5.1 Discovery and Civil Cases | 778 |
5.2 Discovery and Third Parties | 779 |
5.3 Discovery in This Jurisdiction | 779 |
5.4 Alternatives to Discovery Mechanisms | 779 |
5.5 Legal Privilege | 779 |
5.6 Rules Disallowing Disclosure of a Document | 780 |
6. Injunctive Relief | 780 |
6.1 Circumstances of Injunctive Relief | 780 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 780 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 780 |
6.4 Liability for Damages for the Applicant | 780 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 781 |
6.6 Third Parties and Injunctive Relief | 781 |
6.7 Consequences of a Respondent’s Non-compliance | 781 |
7. Trials and Hearings | 781 |
7.1 Trial Proceedings | 781 |
7.2 Case Management Hearings | 781 |
7.3 Jury Trials in Civil Cases | 781 |
7.4 Rules That Govern Admission of Evidence | 781 |
7.5 Expert Testimony | 782 |
7.6 Extent to Which Hearings Are Open to the Public | 782 |
7.7 Level of Intervention by a Judge | 782 |
7.8 General Timeframes for Proceedings | 782 |
8. Settlement | 783 |
8.1 Court Approval | 783 |
8.2 Settlement of Lawsuits and Confidentiality | 783 |
8.3 Enforcement of Settlement Agreements | 783 |
8.4 Setting Aside Settlement Agreements | 783 |
9. Damages and Judgment | 783 |
9.1 Awards Available to the Successful Litigant | 783 |
9.2 Rules Regarding Damages | 783 |
9.3 Pre-judgment and Post-judgment Interest | 784 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 784 |
9.5 Enforcement of a Judgment From a Foreign Country | 784 |
10. Appeal | 785 |
10.1 Levels of Appeal or Review to a Litigation | 785 |
10.2 Rules Concerning Appeals of Judgments | 785 |
10.3 Procedure for Taking an Appeal | 786 |
10.4 Issues Considered by the Appeal Court at an Appeal | 786 |
10.5 Court-Imposed Conditions on Granting an Appeal | 787 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 787 |
11. Costs | 787 |
11.1 Responsibility for Paying the Costs of Litigation | 787 |
11.2 Factors Considered When Awarding Costs | 787 |
11.3 Interest Awarded on Costs | 788 |
12. Alternative Dispute Resolution (ADR) | 788 |
12.1 Views of ADR Within the Country | 788 |
12.2 ADR Within the Legal System | 788 |
12.3 ADR Institutions | 788 |
13. Arbitration | 789 |
13.1 Laws Regarding the Conduct of Arbitration | 789 |
13.2 Subject Matters Not Referred to Arbitration | 789 |
13.3 Circumstances to Challenge an Arbitral Award | 789 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 791 |
14. Outlook | 791 |
14.1 Proposals for Dispute Resolution Reform | 791 |
14.2 Growth Areas | 791 |
1. General | 798 |
1.1 General Characteristics of the Legal System | 798 |
1.2 Court System | 798 |
1.3 Court Filings and Proceedings | 798 |
1.4 Legal Representation in Court | 799 |
2. Litigation Funding | 799 |
2.1 Third-Party Litigation Funding | 799 |
2.2 Third-Party Funding: Lawsuits | 799 |
2.3 Third-Party Funding for Plaintiff and Defendant | 799 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 799 |
2.5 Types of Costs Considered Under Third-Party Funding | 799 |
2.6 Contingency Fees | 800 |
2.7 Time Limit for Obtaining Third-Party Funding | 800 |
3. Initiating a Lawsuit | 800 |
3.1 Rules on Pre-action Conduct | 800 |
3.2 Statutes of Limitations | 800 |
3.3 Jurisdictional Requirements for a Defendant | 800 |
3.4 Initial Complaint | 801 |
3.5 Rules of Service | 801 |
3.6 Failure to Respond | 801 |
3.7 Representative or Collective Actions | 802 |
3.8 Requirements for Cost Estimate | 802 |
4. Pre-trial Proceedings | 802 |
4.1 Interim Applications/Motions | 802 |
4.2 Early Judgment Applications | 802 |
4.3 Dispositive Motions | 803 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 803 |
4.5 Applications for Security for Defendant’s Costs | 803 |
4.6 Costs of Interim Applications/Motions | 804 |
4.7 Application/Motion Timeframe | 804 |
5. Discovery | 804 |
5.1 Discovery and Civil Cases | 804 |
5.2 Discovery and Third Parties | 804 |
5.3 Discovery in This Jurisdiction | 804 |
5.4 Alternatives to Discovery Mechanisms | 805 |
5.5 Legal Privilege | 805 |
5.6 Rules Disallowing Disclosure of a Document | 805 |
6. Injunctive Relief | 805 |
6.1 Circumstances of Injunctive Relief | 805 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 806 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 806 |
6.4 Liability for Damages for the Applicant | 806 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 807 |
6.6 Third Parties and Injunctive Relief | 807 |
6.7 Consequences of a Respondent’s Non-compliance | 807 |
7. Trials and Hearings | 807 |
7.1 Trial Proceedings | 807 |
7.2 Case Management Hearings | 808 |
7.3 Jury Trials in Civil Cases | 808 |
7.4 Rules That Govern Admission of Evidence | 808 |
7.5 Expert Testimony | 808 |
7.6 Extent to Which Hearings Are Open to the Public | 809 |
7.7 Level of Intervention by a Judge | 809 |
7.8 General Timeframes for Proceedings | 809 |
8. Settlement | 810 |
8.1 Court Approval | 810 |
8.2 Settlement of Lawsuits and Confidentiality | 810 |
8.3 Enforcement of Settlement Agreements | 810 |
8.4 Setting Aside Settlement Agreements | 810 |
9. Damages and Judgment | 810 |
9.1 Awards Available to the Successful Litigant | 810 |
9.2 Rules Regarding Damages | 810 |
9.3 Pre-judgment and Post-judgment Interest | 811 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 811 |
9.5 Enforcement of a Judgment From a Foreign Country | 811 |
10. Appeal | 811 |
10.1 Levels of Appeal or Review to a Litigation | 811 |
10.2 Rules Concerning Appeals of Judgments | 811 |
10.3 Procedure for Taking an Appeal | 812 |
10.4 Issues Considered by the Appeal Court at an Appeal | 812 |
10.5 Court-Imposed Conditions on Granting an Appeal | 812 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 812 |
11. Costs | 812 |
11.1 Responsibility for Paying the Costs of Litigation | 812 |
11.2 Factors Considered When Awarding Costs | 813 |
11.3 Interest Awarded on Costs | 813 |
12. Alternative Dispute Resolution (ADR) | 813 |
12.1 Views of ADR Within the Country | 813 |
12.2 ADR Within the Legal System | 813 |
12.3 ADR Institutions | 813 |
13. Arbitration | 814 |
13.1 Laws Regarding the Conduct of Arbitration | 814 |
13.2 Subject Matters Not Referred to Arbitration | 814 |
13.3 Circumstances to Challenge an Arbitral Award | 814 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 815 |
14. Outlook | 815 |
14.1 Proposals for Dispute Resolution Reform | 815 |
14.2 Growth Areas | 815 |
1. General | 826 |
1.1 General Characteristics of the Legal System | 826 |
1.2 Court System | 826 |
1.3 Court Filings and Proceedings | 827 |
1.4 Legal Representation in Court | 827 |
2. Litigation Funding | 828 |
2.1 Third-Party Litigation Funding | 828 |
2.2 Third-Party Funding: Lawsuits | 828 |
2.3 Third-Party Funding for Plaintiff and Defendant | 828 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 828 |
2.5 Types of Costs Considered Under Third-Party Funding | 828 |
2.6 Contingency Fees | 828 |
2.7 Time Limit for Obtaining Third-Party Funding | 828 |
3. Initiating a Lawsuit | 828 |
3.1 Rules on Pre-action Conduct | 828 |
3.2 Statutes of Limitations | 828 |
3.3 Jurisdictional Requirements for a Defendant | 829 |
3.4 Initial Complaint | 829 |
3.5 Rules of Service | 829 |
3.6 Failure to Respond | 830 |
3.7 Representative or Collective Actions | 830 |
3.8 Requirements for Cost Estimate | 830 |
4. Pre-trial Proceedings | 830 |
4.1 Interim Applications/Motions | 830 |
4.2 Early Judgment Applications | 830 |
4.3 Dispositive Motions | 830 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 830 |
4.5 Applications for Security for Defendant’s Costs | 831 |
4.6 Costs of Interim Applications/Motions | 831 |
4.7 Application/Motion Timeframe | 831 |
5. Discovery | 831 |
5.1 Discovery and Civil Cases | 831 |
5.2 Discovery and Third Parties | 831 |
5.3 Discovery in This Jurisdiction | 832 |
5.4 Alternatives to Discovery Mechanisms | 832 |
5.5 Legal Privilege | 832 |
5.6 Rules Disallowing Disclosure of a Document | 832 |
6. Injunctive Relief | 832 |
6.1 Circumstances of Injunctive Relief | 832 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 833 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 833 |
6.4 Liability for Damages for the Applicant | 833 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 833 |
6.6 Third Parties and Injunctive Relief | 833 |
6.7 Consequences of a Respondent’s Non-compliance | 833 |
7. Trials and Hearings | 834 |
7.1 Trial Proceedings | 834 |
7.2 Case Management Hearings | 834 |
7.3 Jury Trials in Civil Cases | 834 |
7.4 Rules That Govern Admission of Evidence | 834 |
7.5 Expert Testimony | 834 |
7.6 Extent to Which Hearings Are Open to the Public | 835 |
7.7 Level of Intervention by a Judge | 835 |
7.8 General Timeframes for Proceedings | 835 |
8. Settlement | 835 |
8.1 Court Approval | 835 |
8.2 Settlement of Lawsuits and Confidentiality | 835 |
8.3 Enforcement of Settlement Agreements | 835 |
8.4 Setting Aside Settlement Agreements | 835 |
9. Damages and Judgment | 835 |
9.1 Awards Available to the Successful Litigant | 835 |
9.2 Rules Regarding Damages | 835 |
9.3 Pre-judgment and Post-judgment Interest | 836 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 836 |
9.5 Enforcement of a Judgment From a Foreign Country | 836 |
10. Appeal | 836 |
10.1 Levels of Appeal or Review to a Litigation | 836 |
10.2 Rules Concerning Appeals of Judgments | 836 |
10.3 Procedure for Taking an Appeal | 837 |
10.4 Issues Considered by the Appeal Court at an Appeal | 837 |
10.5 Court-Imposed Conditions on Granting an Appeal | 837 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 837 |
11. Costs | 837 |
11.1 Responsibility for Paying the Costs of Litigation | 837 |
11.2 Factors Considered When Awarding Costs | 837 |
11.3 Interest Awarded on Costs | 838 |
12. Alternative Dispute Resolution (ADR) | 838 |
12.1 Views of ADR Within the Country | 838 |
12.2 ADR Within the Legal System | 838 |
12.3 ADR Institutions | 838 |
13. Arbitration | 838 |
13.1 Laws Regarding the Conduct of Arbitration | 838 |
13.2 Subject Matters Not Referred to Arbitration | 839 |
13.3 Circumstances to Challenge an Arbitral Award | 839 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 839 |
14. Outlook | 840 |
14.1 Proposals for Dispute Resolution Reform | 840 |
14.2 Growth Areas | 840 |
1. General | 845 |
1.1 General Characteristics of the Legal System | 845 |
1.2 Court System | 846 |
1.3 Court Filings and Proceedings | 847 |
1.4 Legal Representation in Court | 847 |
2. Litigation Funding | 848 |
2.1 Third-Party Litigation Funding | 848 |
2.2 Third-Party Funding: Lawsuits | 848 |
2.3 Third-Party Funding for Plaintiff and Defendant | 848 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 848 |
2.5 Types of Costs Considered Under Third-Party Funding | 848 |
2.6 Contingency Fees | 848 |
2.7 Time Limit for Obtaining Third-Party Funding | 848 |
3. Initiating a Lawsuit | 848 |
3.1 Rules on Pre-action Conduct | 848 |
3.2 Statutes of Limitations | 849 |
3.3 Jurisdictional Requirements for a Defendant | 849 |
3.4 Initial Complaint | 849 |
3.5 Rules of Service | 849 |
3.6 Failure to Respond | 850 |
3.7 Representative or Collective Actions | 850 |
3.8 Requirements for Cost Estimate | 850 |
4. Pre-trial Proceedings | 850 |
4.1 Interim Applications/Motions | 850 |
4.2 Early Judgment Applications | 851 |
4.3 Dispositive Motions | 851 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 851 |
4.5 Applications for Security for Defendant’s Costs | 851 |
4.6 Costs of Interim Applications/Motions | 851 |
4.7 Application/Motion Timeframe | 852 |
5. Discovery | 852 |
5.1 Discovery and Civil Cases | 852 |
5.2 Discovery and Third Parties | 852 |
5.3 Discovery in This Jurisdiction | 853 |
5.4 Alternatives to Discovery Mechanisms | 853 |
5.5 Legal Privilege | 853 |
5.6 Rules Disallowing Disclosure of a Document | 853 |
6. Injunctive Relief | 854 |
6.1 Circumstances of Injunctive Relief | 854 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 854 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 854 |
6.4 Liability for Damages for the Applicant | 855 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 855 |
6.6 Third Parties and Injunctive Relief | 855 |
6.7 Consequences of a Respondent’s Non-compliance | 855 |
7. Trials and Hearings | 855 |
7.1 Trial Proceedings | 855 |
7.2 Case Management Hearings | 856 |
7.3 Jury Trials in Civil Cases | 856 |
7.4 Rules That Govern Admission of Evidence | 856 |
7.5 Expert Testimony | 856 |
7.6 Extent to Which Hearings Are Open to the Public | 856 |
7.7 Level of Intervention by a Judge | 857 |
7.8 General Timeframes for Proceedings | 857 |
8. Settlement | 857 |
8.1 Court Approval | 857 |
8.2 Settlement of Lawsuits and Confidentiality | 857 |
8.3 Enforcement of Settlement Agreements | 858 |
8.4 Setting Aside Settlement Agreements | 858 |
9. Damages and Judgment | 858 |
9.1 Awards Available to the Successful Litigant | 858 |
9.2 Rules Regarding Damages | 858 |
9.3 Pre-judgment and Post-judgment Interest | 859 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 859 |
9.5 Enforcement of a Judgment From a Foreign Country | 860 |
10. Appeal | 860 |
10.1 Levels of Appeal or Review to a Litigation | 860 |
10.2 Rules Concerning Appeals of Judgments | 861 |
10.3 Procedure for Taking an Appeal | 861 |
10.4 Issues Considered by the Appeal Court at an Appeal | 861 |
10.5 Court-Imposed Conditions on Granting an Appeal | 862 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 862 |
11. Costs | 862 |
11.1 Responsibility for Paying the Costs of Litigation | 862 |
11.2 Factors Considered When Awarding Costs | 862 |
11.3 Interest Awarded on Costs | 862 |
12. Alternative Dispute Resolution (ADR) | 863 |
12.1 Views of ADR Within the Country | 863 |
12.2 ADR Within the Legal System | 863 |
12.3 ADR Institutions | 863 |
13. Arbitration | 863 |
13.1 Laws Regarding the Conduct of Arbitration | 863 |
13.2 Subject Matters Not Referred to Arbitration | 864 |
13.3 Circumstances to Challenge an Arbitral Award | 864 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 864 |
14. Outlook | 865 |
14.1 Proposals for Dispute Resolution Reform | 865 |
14.2 Growth Areas | 865 |
1. General | 880 |
1.1 General Characteristics of the Legal System | 880 |
1.2 Court System | 880 |
1.3 Court Filings and Proceedings | 880 |
1.4 Legal Representation in Court | 880 |
2. Litigation Funding | 881 |
2.1 Third-Party Litigation Funding | 881 |
2.2 Third-Party Funding: Lawsuits | 881 |
2.3 Third-Party Funding for Plaintiff and Defendant | 881 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 881 |
2.5 Types of Costs Considered Under Third-Party Funding | 881 |
2.6 Contingency Fees | 881 |
2.7 Time Limit for Obtaining Third-Party Funding | 881 |
3. Initiating a Lawsuit | 881 |
3.1 Rules on Pre-action Conduct | 881 |
3.2 Statutes of Limitations | 881 |
3.3 Jurisdictional Requirements for a Defendant | 882 |
3.4 Initial Complaint | 882 |
3.5 Rules of Service | 882 |
3.6 Failure to Respond | 882 |
3.7 Representative or Collective Actions | 883 |
3.8 Requirements for Cost Estimate | 883 |
4. Pre-trial Proceedings | 883 |
4.1 Interim Applications/Motions | 883 |
4.2 Early Judgment Applications | 883 |
4.3 Dispositive Motions | 883 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 884 |
4.5 Applications for Security for Defendant’s Costs | 884 |
4.6 Costs of Interim Applications/Motions | 884 |
4.7 Application/Motion Timeframe | 884 |
5. Discovery | 885 |
5.1 Discovery and Civil Cases | 885 |
5.2 Discovery and Third Parties | 885 |
5.3 Discovery in This Jurisdiction | 885 |
5.4 Alternatives to Discovery Mechanisms | 886 |
5.5 Legal Privilege | 886 |
5.6 Rules Disallowing Disclosure of a Document | 886 |
6. Injunctive Relief | 886 |
6.1 Circumstances of Injunctive Relief | 886 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 887 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 887 |
6.4 Liability for Damages for the Applicant | 887 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 888 |
6.6 Third Parties and Injunctive Relief | 888 |
6.7 Consequences of a Respondent’s Non-compliance | 888 |
7. Trials and Hearings | 888 |
7.1 Trial Proceedings | 888 |
7.2 Case Management Hearings | 888 |
7.3 Jury Trials in Civil Cases | 889 |
7.4 Rules That Govern Admission of Evidence | 889 |
7.5 Expert Testimony | 889 |
7.6 Extent to Which Hearings Are Open to the Public | 889 |
7.7 Level of Intervention by a Judge | 890 |
7.8 General Timeframes for Proceedings | 890 |
8. Settlement | 890 |
8.1 Court Approval | 890 |
8.2 Settlement of Lawsuits and Confidentiality | 891 |
8.3 Enforcement of Settlement Agreements | 891 |
8.4 Setting Aside Settlement Agreements | 891 |
9. Damages and Judgment | 891 |
9.1 Awards Available to the Successful Litigant | 891 |
9.2 Rules Regarding Damages | 891 |
9.3 Pre-judgment and Post-judgment Interest | 892 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 892 |
9.5 Enforcement of a Judgment From a Foreign Country | 892 |
10. Appeal | 894 |
10.1 Levels of Appeal or Review to a Litigation | 894 |
10.2 Rules Concerning Appeals of Judgments | 894 |
10.3 Procedure for Taking an Appeal | 894 |
10.4 Issues Considered by the Appeal Court at an Appeal | 895 |
10.5 Court-Imposed Conditions on Granting an Appeal | 895 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 895 |
11. Costs | 895 |
11.1 Responsibility for Paying the Costs of Litigation | 895 |
11.2 Factors Considered When Awarding Costs | 895 |
11.3 Interest Awarded on Costs | 896 |
12. Alternative Dispute Resolution (ADR) | 896 |
12.1 Views of ADR Within the Country | 896 |
12.2 ADR Within the Legal System | 896 |
12.3 ADR Institutions | 897 |
13. Arbitration | 897 |
13.1 Laws Regarding the Conduct of Arbitration | 897 |
13.2 Subject Matters Not Referred to Arbitration | 897 |
13.3 Circumstances to Challenge an Arbitral Award | 897 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 897 |
14. Outlook | 898 |
14.1 Proposals for Dispute Resolution Reform | 898 |
14.2 Growth Areas | 898 |
1. General | 911 |
1.1 General Characteristics of the Legal System | 911 |
1.2 Court System | 911 |
1.3 Court Filings and Proceedings | 913 |
1.4 Legal Representation in Court | 913 |
2. Litigation Funding | 914 |
2.1 Third-Party Litigation Funding | 914 |
2.2 Third-Party Funding: Lawsuits | 914 |
2.3 Third-Party Funding for Plaintiff and Defendant | 914 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 914 |
2.5 Types of Costs Considered Under Third-Party Funding | 914 |
2.6 Contingency Fees | 914 |
2.7 Time Limit for Obtaining Third-Party Funding | 914 |
3. Initiating a Lawsuit | 915 |
3.1 Rules on Pre-action Conduct | 915 |
3.2 Statutes of Limitations | 915 |
3.3 Jurisdictional Requirements for a Defendant | 915 |
3.4 Initial Complaint | 916 |
3.5 Rules of Service | 916 |
3.6 Failure to Respond | 917 |
3.7 Representative or Collective Actions | 917 |
3.8 Requirements for Cost Estimate | 917 |
4. Pre-trial Proceedings | 917 |
4.1 Interim Applications/Motions | 917 |
4.2 Early Judgment Applications | 919 |
4.3 Dispositive Motions | 919 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 920 |
4.5 Applications for Security for Defendant’s Costs | 920 |
4.6 Costs of Interim Applications/Motions | 920 |
4.7 Application/Motion Timeframe | 920 |
5. Discovery | 920 |
5.1 Discovery and Civil Cases | 920 |
5.2 Discovery and Third Parties | 921 |
5.3 Discovery in This Jurisdiction | 921 |
5.4 Alternatives to Discovery Mechanisms | 921 |
5.5 Legal Privilege | 921 |
5.6 Rules Disallowing Disclosure of a Document | 921 |
6. Injunctive Relief | 922 |
6.1 Circumstances of Injunctive Relief | 922 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 922 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 922 |
6.4 Liability for Damages for the Applicant | 922 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 922 |
6.6 Third Parties and Injunctive Relief | 923 |
6.7 Consequences of a Respondent’s Non-compliance | 923 |
7. Trials and Hearings | 923 |
7.1 Trial Proceedings | 923 |
7.2 Case Management Hearings | 923 |
7.3 Jury Trials in Civil Cases | 923 |
7.4 Rules That Govern Admission of Evidence | 923 |
7.5 Expert Testimony | 923 |
7.6 Extent to Which Hearings Are Open to the Public | 923 |
7.7 Level of Intervention by a Judge | 924 |
7.8 General Timeframes for Proceedings | 924 |
8. Settlement | 924 |
8.1 Court Approval | 924 |
8.2 Settlement of Lawsuits and Confidentiality | 924 |
8.3 Enforcement of Settlement Agreements | 924 |
8.4 Setting Aside Settlement Agreements | 924 |
9. Damages and Judgment | 924 |
9.1 Awards Available to the Successful Litigant | 924 |
9.2 Rules Regarding Damages | 925 |
9.3 Pre-judgment and Post-judgment Interest | 925 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 925 |
9.5 Enforcement of a Judgment From a Foreign Country | 925 |
10. Appeal | 927 |
10.1 Levels of Appeal or Review to a Litigation | 927 |
10.2 Rules Concerning Appeals of Judgments | 927 |
10.3 Procedure for Taking an Appeal | 927 |
10.4 Issues Considered by the Appeal Court at an Appeal | 928 |
10.5 Court-Imposed Conditions on Granting an Appeal | 928 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 928 |
11. Costs | 929 |
11.1 Responsibility for Paying the Costs of Litigation | 929 |
11.2 Factors Considered When Awarding Costs | 929 |
11.3 Interest Awarded on Costs | 929 |
12. Alternative Dispute Resolution (ADR) | 929 |
12.1 Views of ADR Within the Country | 929 |
12.2 ADR Within the Legal System | 929 |
12.3 ADR Institutions | 929 |
13. Arbitration | 930 |
13.1 Laws Regarding the Conduct of Arbitration | 930 |
13.2 Subject Matters Not Referred to Arbitration | 930 |
13.3 Circumstances to Challenge an Arbitral Award | 930 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 931 |
14. Outlook | 931 |
14.1 Proposals for Dispute Resolution Reform | 931 |
14.2 Growth Areas | 931 |
1. General | 937 |
1.1 General Characteristics of the Legal System | 937 |
1.2 Court System | 937 |
1.3 Court Filings and Proceedings | 938 |
1.4 Legal Representation in Court | 938 |
2. Litigation Funding | 939 |
2.1 Third-Party Litigation Funding | 939 |
2.2 Third-Party Funding: Lawsuits | 939 |
2.3 Third-Party Funding for Plaintiff and Defendant | 939 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 939 |
2.5 Types of Costs Considered Under Third-Party Funding | 939 |
2.6 Contingency Fees | 939 |
2.7 Time Limit for Obtaining Third-Party Funding | 939 |
3. Initiating a Lawsuit | 939 |
3.1 Rules on Pre-action Conduct | 939 |
3.2 Statutes of Limitations | 939 |
3.3 Jurisdictional Requirements for a Defendant | 940 |
3.4 Initial Complaint | 941 |
3.5 Rules of Service | 941 |
3.6 Failure to Respond | 941 |
3.7 Representative or Collective Actions | 942 |
3.8 Requirements for Cost Estimate | 942 |
4. Pre-trial Proceedings | 942 |
4.1 Interim Applications/Motions | 942 |
4.2 Early Judgment Applications | 942 |
4.3 Dispositive Motions | 942 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 943 |
4.5 Applications for Security for Defendant’s Costs | 943 |
4.6 Costs of Interim Applications/Motions | 943 |
4.7 Application/Motion Timeframe | 943 |
5. Discovery | 944 |
5.1 Discovery and Civil Cases | 944 |
5.2 Discovery and Third Parties | 944 |
5.3 Discovery in This Jurisdiction | 944 |
5.4 Alternatives to Discovery Mechanisms | 944 |
5.5 Legal Privilege | 944 |
5.6 Rules Disallowing Disclosure of a Document | 944 |
6. Injunctive Relief | 944 |
6.1 Circumstances of Injunctive Relief | 944 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 945 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 945 |
6.4 Liability for Damages for the Applicant | 945 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 946 |
6.6 Third Parties and Injunctive Relief | 946 |
6.7 Consequences of a Respondent’s Non-compliance | 946 |
7. Trials and Hearings | 946 |
7.1 Trial Proceedings | 946 |
7.2 Case Management Hearings | 946 |
7.3 Jury Trials in Civil Cases | 946 |
7.4 Rules That Govern Admission of Evidence | 946 |
7.5 Expert Testimony | 947 |
7.6 Extent to Which Hearings Are Open to the Public | 947 |
7.7 Level of Intervention by a Judge | 947 |
7.8 General Timeframes for Proceedings | 947 |
8. Settlement | 947 |
8.1 Court Approval | 947 |
8.2 Settlement of Lawsuits and Confidentiality | 948 |
8.3 Enforcement of Settlement Agreements | 948 |
8.4 Setting Aside Settlement Agreements | 948 |
9. Damages and Judgment | 948 |
9.1 Awards Available to the Successful Litigant | 948 |
9.2 Rules Regarding Damages | 949 |
9.3 Pre-judgment and Post-judgment Interest | 949 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 949 |
9.5 Enforcement of a Judgment From a Foreign Country | 949 |
10. Appeal | 950 |
10.1 Levels of Appeal or Review to a Litigation | 950 |
10.2 Rules Concerning Appeals of Judgments | 950 |
10.3 Procedure for Taking an Appeal | 950 |
10.4 Issues Considered by the Appeal Court at an Appeal | 951 |
10.5 Court-Imposed Conditions on Granting an Appeal | 952 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 952 |
11. Costs | 952 |
11.1 Responsibility for Paying the Costs of Litigation | 952 |
11.2 Factors Considered When Awarding Costs | 953 |
11.3 Interest Awarded on Costs | 953 |
12. Alternative Dispute Resolution (ADR) | 953 |
12.1 Views of ADR Within the Country | 953 |
12.2 ADR Within the Legal System | 953 |
12.3 ADR Institutions | 954 |
13. Arbitration | 954 |
13.1 Laws Regarding the Conduct of Arbitration | 954 |
13.2 Subject Matters Not Referred to Arbitration | 954 |
13.3 Circumstances to Challenge an Arbitral Award | 954 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 955 |
14. Outlook | 956 |
14.1 Proposals for Dispute Resolution Reform | 956 |
14.2 Growth Areas | 956 |
1. General | 962 |
1.1 General Characteristics of the Legal System | 962 |
1.2 Court System | 962 |
1.3 Court Filings and Proceedings | 963 |
1.4 Legal Representation in Court | 963 |
2. Litigation Funding | 963 |
2.1 Third-Party Litigation Funding | 963 |
2.2 Third-Party Funding: Lawsuits | 963 |
2.3 Third-Party Funding for Plaintiff and Defendant | 963 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 963 |
2.5 Types of Costs Considered Under Third-Party Funding | 963 |
2.6 Contingency Fees | 963 |
2.7 Time Limit for Obtaining Third-Party Funding | 963 |
3. Initiating a Lawsuit | 964 |
3.1 Rules on Pre-action Conduct | 964 |
3.2 Statutes of Limitations | 964 |
3.3 Jurisdictional Requirements for a Defendant | 964 |
3.4 Initial Complaint | 964 |
3.5 Rules of Service | 965 |
3.6 Failure to Respond | 965 |
3.7 Representative or Collective Actions | 965 |
3.8 Requirements for Cost Estimate | 966 |
4. Pre-trial Proceedings | 966 |
4.1 Interim Applications/Motions | 966 |
4.2 Early Judgment Applications | 966 |
4.3 Dispositive Motions | 966 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 966 |
4.5 Applications for Security for Defendant’s Costs | 966 |
4.6 Costs of Interim Applications/Motions | 966 |
4.7 Application/Motion Timeframe | 966 |
5. Discovery | 967 |
5.1 Discovery and Civil Cases | 967 |
5.2 Discovery and Third Parties | 967 |
5.3 Discovery in This Jurisdiction | 967 |
5.4 Alternatives to Discovery Mechanisms | 967 |
5.5 Legal Privilege | 967 |
5.6 Rules Disallowing Disclosure of a Document | 968 |
6. Injunctive Relief | 968 |
6.1 Circumstances of Injunctive Relief | 968 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 968 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 968 |
6.4 Liability for Damages for the Applicant | 968 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 968 |
6.6 Third Parties and Injunctive Relief | 969 |
6.7 Consequences of a Respondent’s Non-compliance | 969 |
7. Trials and Hearings | 969 |
7.1 Trial Proceedings | 969 |
7.2 Case Management Hearings | 969 |
7.3 Jury Trials in Civil Cases | 970 |
7.4 Rules That Govern Admission of Evidence | 970 |
7.5 Expert Testimony | 970 |
7.6 Extent to Which Hearings Are Open to the Public | 970 |
7.7 Level of Intervention by a Judge | 970 |
7.8 General Timeframes for Proceedings | 970 |
8. Settlement | 971 |
8.1 Court Approval | 971 |
8.2 Settlement of Lawsuits and Confidentiality | 971 |
8.3 Enforcement of Settlement Agreements | 971 |
8.4 Setting Aside Settlement Agreements | 971 |
9. Damages and Judgment | 971 |
9.1 Awards Available to the Successful Litigant | 971 |
9.2 Rules Regarding Damages | 971 |
9.3 Pre-judgment and Post-judgment Interest | 971 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 972 |
9.5 Enforcement of a Judgment From a Foreign Country | 972 |
10. Appeal | 972 |
10.1 Levels of Appeal or Review to a Litigation | 972 |
10.2 Rules Concerning Appeals of Judgments | 973 |
10.3 Procedure for Taking an Appeal | 973 |
10.4 Issues Considered by the Appeal Court at an Appeal | 973 |
10.5 Court-Imposed Conditions on Granting an Appeal | 973 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 973 |
11. Costs | 973 |
11.1 Responsibility for Paying the Costs of Litigation | 973 |
11.2 Factors Considered When Awarding Costs | 974 |
11.3 Interest Awarded on Costs | 974 |
12. Alternative Dispute Resolution (ADR) | 974 |
12.1 Views of ADR Within the Country | 974 |
12.2 ADR Within the Legal System | 974 |
12.3 ADR Institutions | 974 |
13. Arbitration | 974 |
13.1 Laws Regarding the Conduct of Arbitration | 974 |
13.2 Subject Matters Not Referred to Arbitration | 975 |
13.3 Circumstances to Challenge an Arbitral Award | 975 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 976 |
14. Outlook | 976 |
14.1 Proposals for Dispute Resolution Reform | 976 |
14.2 Growth Areas | 976 |
1. General | 990 |
1.1 General Characteristics of the Legal System | 990 |
1.2 Court System | 990 |
1.3 Court Filings and Proceedings | 990 |
1.4 Legal Representation in Court | 990 |
2. Litigation Funding | 991 |
2.1 Third-Party Litigation Funding | 991 |
2.2 Third-Party Funding: Lawsuits | 991 |
2.3 Third-Party Funding for Plaintiff and Defendant | 991 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 991 |
2.5 Types of Costs Considered Under Third-Party Funding | 991 |
2.6 Contingency Fees | 991 |
2.7 Time Limit for Obtaining Third-Party Funding | 991 |
3. Initiating a Lawsuit | 991 |
3.1 Rules on Pre-action Conduct | 991 |
3.2 Statutes of Limitations | 991 |
3.3 Jurisdictional Requirements for a Defendant | 991 |
3.4 Initial Complaint | 992 |
3.5 Rules of Service | 992 |
3.6 Failure to Respond | 992 |
3.7 Representative or Collective Actions | 992 |
3.8 Requirements for Cost Estimate | 993 |
4. Pre-trial Proceedings | 993 |
4.1 Interim Applications/Motions | 993 |
4.2 Early Judgment Applications | 993 |
4.3 Dispositive Motions | 993 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 993 |
4.5 Applications for Security for Defendant’s Costs | 993 |
4.6 Costs of Interim Applications/Motions | 994 |
4.7 Application/Motion Timeframe | 994 |
5. Discovery | 994 |
5.1 Discovery and Civil Cases | 994 |
5.2 Discovery and Third Parties | 994 |
5.3 Discovery in This Jurisdiction | 994 |
5.4 Alternatives to Discovery Mechanisms | 995 |
5.5 Legal Privilege | 995 |
5.6 Rules Disallowing Disclosure of a Document | 995 |
6. Injunctive Relief | 995 |
6.1 Circumstances of Injunctive Relief | 995 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 995 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 995 |
6.4 Liability for Damages for the Applicant | 996 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 996 |
6.6 Third Parties and Injunctive Relief | 996 |
6.7 Consequences of a Respondent’s Non-compliance | 996 |
7. Trials and Hearings | 996 |
7.1 Trial Proceedings | 996 |
7.2 Case Management Hearings | 996 |
7.3 Jury Trials in Civil Cases | 996 |
7.4 Rules That Govern Admission of Evidence | 996 |
7.5 Expert Testimony | 996 |
7.6 Extent to Which Hearings Are Open to the Public | 996 |
7.7 Level of Intervention by a Judge | 996 |
7.8 General Timeframes for Proceedings | 997 |
8. Settlement | 997 |
8.1 Court Approval | 997 |
8.2 Settlement of Lawsuits and Confidentiality | 997 |
8.3 Enforcement of Settlement Agreements | 997 |
8.4 Setting Aside Settlement Agreements | 997 |
9. Damages and Judgment | 997 |
9.1 Awards Available to the Successful Litigant | 997 |
9.2 Rules Regarding Damages | 997 |
9.3 Pre-judgment and Post-judgment Interest | 997 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 997 |
9.5 Enforcement of a Judgment From a Foreign Country | 998 |
10. Appeal | 998 |
10.1 Levels of Appeal or Review to a Litigation | 998 |
10.2 Rules Concerning Appeals of Judgments | 998 |
10.3 Procedure for Taking an Appeal | 998 |
10.4 Issues Considered by the Appeal Court at an Appeal | 999 |
10.5 Court-Imposed Conditions on Granting an Appeal | 999 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 999 |
11. Costs | 999 |
11.1 Responsibility for Paying the Costs of Litigation | 999 |
11.2 Factors Considered When Awarding Costs | 999 |
11.3 Interest Awarded on Costs | 1000 |
12. Alternative Dispute Resolution (ADR) | 1000 |
12.1 Views of ADR Within the Country | 1000 |
12.2 ADR Within the Legal System | 1000 |
12.3 ADR Institutions | 1000 |
13. Arbitration | 1000 |
13.1 Laws Regarding the Conduct of Arbitration | 1000 |
13.2 Subject Matters Not Referred to Arbitration | 1000 |
13.3 Circumstances to Challenge an Arbitral Award | 1001 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1001 |
14. Outlook | 1002 |
14.1 Proposals for Dispute Resolution Reform | 1002 |
14.2 Growth Areas | 1002 |
1. General | 1008 |
1.1 General Characteristics of the Legal System | 1008 |
1.2 Court System | 1008 |
1.3 Court Filings and Proceedings | 1009 |
1.4 Legal Representation in Court | 1009 |
2. Litigation Funding | 1009 |
2.1 Third-Party Litigation Funding | 1009 |
2.2 Third-Party Funding: Lawsuits | 1009 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1010 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1010 |
2.5 Types of Costs Considered Under Third-Party Funding | 1010 |
2.6 Contingency Fees | 1010 |
2.7 Time Limit for Obtaining Third-Party Funding | 1010 |
3. Initiating a Lawsuit | 1010 |
3.1 Rules on Pre-action Conduct | 1010 |
3.2 Statutes of Limitations | 1010 |
3.3 Jurisdictional Requirements for a Defendant | 1011 |
3.4 Initial Complaint | 1011 |
3.5 Rules of Service | 1012 |
3.6 Failure to Respond | 1012 |
3.7 Representative or Collective Actions | 1012 |
3.8 Requirements for Cost Estimate | 1014 |
4. Pre-trial Proceedings | 1014 |
4.1 Interim Applications/Motions | 1014 |
4.2 Early Judgment Applications | 1014 |
4.3 Dispositive Motions | 1014 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1014 |
4.5 Applications for Security for Defendant’s Costs | 1015 |
4.6 Costs of Interim Applications/Motions | 1015 |
4.7 Application/Motion Timeframe | 1015 |
5. Discovery | 1015 |
5.1 Discovery and Civil Cases | 1015 |
5.2 Discovery and Third Parties | 1015 |
5.3 Discovery in This Jurisdiction | 1015 |
5.4 Alternatives to Discovery Mechanisms | 1016 |
5.5 Legal Privilege | 1016 |
5.6 Rules Disallowing Disclosure of a Document | 1016 |
6. Injunctive Relief | 1017 |
6.1 Circumstances of Injunctive Relief | 1017 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1017 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1017 |
6.4 Liability for Damages for the Applicant | 1018 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1018 |
6.6 Third Parties and Injunctive Relief | 1018 |
6.7 Consequences of a Respondent’s Non-compliance | 1018 |
7. Trials and Hearings | 1018 |
7.1 Trial Proceedings | 1018 |
7.2 Case Management Hearings | 1019 |
7.3 Jury Trials in Civil Cases | 1019 |
7.4 Rules That Govern Admission of Evidence | 1019 |
7.5 Expert Testimony | 1019 |
7.6 Extent to Which Hearings Are Open to the Public | 1019 |
7.7 Level of Intervention by a Judge | 1020 |
7.8 General Timeframes for Proceedings | 1020 |
8. Settlement | 1020 |
8.1 Court Approval | 1020 |
8.2 Settlement of Lawsuits and Confidentiality | 1021 |
8.3 Enforcement of Settlement Agreements | 1021 |
8.4 Setting Aside Settlement Agreements | 1021 |
9. Damages and Judgment | 1021 |
9.1 Awards Available to the Successful Litigant | 1021 |
9.2 Rules Regarding Damages | 1022 |
9.3 Pre-judgment and Post-judgment Interest | 1022 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1022 |
9.5 Enforcement of a Judgment From a Foreign Country | 1022 |
10. Appeal | 1023 |
10.1 Levels of Appeal or Review to a Litigation | 1023 |
10.2 Rules Concerning Appeals of Judgments | 1023 |
10.3 Procedure for Taking an Appeal | 1024 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1024 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1024 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1024 |
11. Costs | 1025 |
11.1 Responsibility for Paying the Costs of Litigation | 1025 |
11.2 Factors Considered When Awarding Costs | 1025 |
11.3 Interest Awarded on Costs | 1025 |
12. Alternative Dispute Resolution (ADR) | 1025 |
12.1 Views of ADR Within the Country | 1025 |
12.2 ADR Within the Legal System | 1025 |
12.3 ADR Institutions | 1026 |
13. Arbitration | 1026 |
13.1 Laws Regarding the Conduct of Arbitration | 1026 |
13.2 Subject Matters Not Referred to Arbitration | 1026 |
13.3 Circumstances to Challenge an Arbitral Award | 1026 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1027 |
14. Outlook | 1028 |
14.1 Proposals for Dispute Resolution Reform | 1028 |
14.2 Growth Areas | 1029 |
1. General | 1034 |
1.1 General Characteristics of the Legal System | 1034 |
1.2 Court System | 1034 |
1.3 Court Filings and Proceedings | 1035 |
1.4 Legal Representation in Court | 1036 |
2. Litigation Funding | 1036 |
2.1 Third-Party Litigation Funding | 1036 |
2.2 Third-Party Funding: Lawsuits | 1036 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1036 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1036 |
2.5 Types of Costs Considered Under Third-Party Funding | 1036 |
2.6 Contingency Fees | 1036 |
2.7 Time Limit for Obtaining Third-Party Funding | 1037 |
3. Initiating a Lawsuit | 1037 |
3.1 Rules on Pre-action Conduct | 1037 |
3.2 Statutes of Limitations | 1037 |
3.3 Jurisdictional Requirements for a Defendant | 1037 |
3.4 Initial Complaint | 1037 |
3.5 Rules of Service | 1038 |
3.6 Failure to Respond | 1038 |
3.7 Representative or Collective Actions | 1038 |
3.8 Requirements for Cost Estimate | 1039 |
4. Pre-trial Proceedings | 1039 |
4.1 Interim Applications/Motions | 1039 |
4.2 Early Judgment Applications | 1039 |
4.3 Dispositive Motions | 1039 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1039 |
4.5 Applications for Security for Defendant’s Costs | 1040 |
4.6 Costs of Interim Applications/Motions | 1040 |
4.7 Application/Motion Timeframe | 1040 |
5. Discovery | 1040 |
5.1 Discovery and Civil Cases | 1040 |
5.2 Discovery and Third Parties | 1041 |
5.3 Discovery in This Jurisdiction | 1041 |
5.4 Alternatives to Discovery Mechanisms | 1041 |
5.5 Legal Privilege | 1041 |
5.6 Rules Disallowing Disclosure of a Document | 1042 |
6. Injunctive Relief | 1042 |
6.1 Circumstances of Injunctive Relief | 1042 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1043 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1043 |
6.4 Liability for Damages for the Applicant | 1043 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1043 |
6.6 Third Parties and Injunctive Relief | 1043 |
6.7 Consequences of a Respondent’s Non-compliance | 1043 |
7. Trials and Hearings | 1043 |
7.1 Trial Proceedings | 1043 |
7.2 Case Management Hearings | 1044 |
7.3 Jury Trials in Civil Cases | 1044 |
7.4 Rules That Govern Admission of Evidence | 1044 |
7.5 Expert Testimony | 1044 |
7.6 Extent to Which Hearings Are Open to the Public | 1045 |
7.7 Level of Intervention by a Judge | 1045 |
7.8 General Timeframes for Proceedings | 1045 |
8. Settlement | 1045 |
8.1 Court Approval | 1045 |
8.2 Settlement of Lawsuits and Confidentiality | 1045 |
8.3 Enforcement of Settlement Agreements | 1045 |
8.4 Setting Aside Settlement Agreements | 1046 |
9. Damages and Judgment | 1046 |
9.1 Awards Available to the Successful Litigant | 1046 |
9.2 Rules Regarding Damages | 1046 |
9.3 Pre-judgment and Post-judgment Interest | 1046 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1047 |
9.5 Enforcement of a Judgment From a Foreign Country | 1047 |
10. Appeal | 1048 |
10.1 Levels of Appeal or Review to a Litigation | 1048 |
10.2 Rules Concerning Appeals of Judgments | 1048 |
10.3 Procedure for Taking an Appeal | 1048 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1049 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1049 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1049 |
11. Costs | 1049 |
11.1 Responsibility for Paying the Costs of Litigation | 1049 |
11.2 Factors Considered When Awarding Costs | 1050 |
11.3 Interest Awarded on Costs | 1050 |
12. Alternative Dispute Resolution (ADR) | 1050 |
12.1 Views of ADR Within the Country | 1050 |
12.2 ADR Within the Legal System | 1050 |
12.3 ADR Institutions | 1051 |
13. Arbitration | 1051 |
13.1 Laws Regarding the Conduct of Arbitration | 1051 |
13.2 Subject Matters Not Referred to Arbitration | 1051 |
13.3 Circumstances to Challenge an Arbitral Award | 1052 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1052 |
14. Outlook | 1052 |
14.1 Proposals for Dispute Resolution Reform | 1052 |
14.2 Growth Areas | 1052 |
1. General | 1068 |
1.1 General Characteristics of the Legal System | 1068 |
1.2 Court System | 1068 |
1.3 Court Filings and Proceedings | 1069 |
1.4 Legal Representation in Court | 1069 |
2. Litigation Funding | 1069 |
2.1 Third-Party Litigation Funding | 1069 |
2.2 Third-Party Funding: Lawsuits | 1069 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1070 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1070 |
2.5 Types of Costs Considered Under Third-Party Funding | 1070 |
2.6 Contingency Fees | 1070 |
2.7 Time Limit for Obtaining Third-Party Funding | 1070 |
3. Initiating a Lawsuit | 1070 |
3.1 Rules on Pre-action Conduct | 1070 |
3.2 Statutes of Limitations | 1071 |
3.3 Jurisdictional Requirements for a Defendant | 1071 |
3.4 Initial Complaint | 1071 |
3.5 Rules of Service | 1072 |
3.6 Failure to Respond | 1072 |
3.7 Representative or Collective Actions | 1073 |
3.8 Requirements for Cost Estimate | 1073 |
4. Pre-trial Proceedings | 1074 |
4.1 Interim Applications/Motions | 1074 |
4.2 Early Judgment Applications | 1074 |
4.3 Dispositive Motions | 1074 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1075 |
4.5 Applications for Security for Defendant’s Costs | 1075 |
4.6 Costs of Interim Applications/Motions | 1075 |
4.7 Application/Motion Timeframe | 1075 |
5. Discovery | 1076 |
5.1 Discovery and Civil Cases | 1076 |
5.2 Discovery and Third Parties | 1076 |
5.3 Discovery in This Jurisdiction | 1076 |
5.4 Alternatives to Discovery Mechanisms | 1077 |
5.5 Legal Privilege | 1077 |
5.6 Rules Disallowing Disclosure of a Document | 1077 |
6. Injunctive Relief | 1077 |
6.1 Circumstances of Injunctive Relief | 1077 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1078 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1078 |
6.4 Liability for Damages for the Applicant | 1078 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1078 |
6.6 Third Parties and Injunctive Relief | 1078 |
6.7 Consequences of a Respondent’s Non-compliance | 1078 |
7. Trials and Hearings | 1078 |
7.1 Trial Proceedings | 1078 |
7.2 Case Management Hearings | 1079 |
7.3 Jury Trials in Civil Cases | 1079 |
7.4 Rules That Govern Admission of Evidence | 1079 |
7.5 Expert Testimony | 1079 |
7.6 Extent to Which Hearings Are Open to the Public | 1080 |
7.7 Level of Intervention by a Judge | 1080 |
7.8 General Timeframes for Proceedings | 1080 |
8. Settlement | 1081 |
8.1 Court Approval | 1081 |
8.2 Settlement of Lawsuits and Confidentiality | 1081 |
8.3 Enforcement of Settlement Agreements | 1081 |
8.4 Setting Aside Settlement Agreements | 1081 |
9. Damages and Judgment | 1081 |
9.1 Awards Available to the Successful Litigant | 1081 |
9.2 Rules Regarding Damages | 1081 |
9.3 Pre-judgment and Post-judgment Interest | 1082 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1082 |
9.5 Enforcement of a Judgment From a Foreign Country | 1082 |
10. Appeal | 1083 |
10.1 Levels of Appeal or Review to a Litigation | 1083 |
10.2 Rules Concerning Appeals of Judgments | 1083 |
10.3 Procedure for Taking an Appeal | 1083 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1083 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1083 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1083 |
11. Costs | 1084 |
11.1 Responsibility for Paying the Costs of Litigation | 1084 |
11.2 Factors Considered When Awarding Costs | 1084 |
11.3 Interest Awarded on Costs | 1084 |
12. Alternative Dispute Resolution (ADR) | 1084 |
12.1 Views of ADR Within the Country | 1084 |
12.2 ADR Within the Legal System | 1084 |
12.3 ADR Institutions | 1085 |
13. Arbitration | 1085 |
13.1 Laws Regarding the Conduct of Arbitration | 1085 |
13.2 Subject Matters Not Referred to Arbitration | 1085 |
13.3 Circumstances to Challenge an Arbitral Award | 1085 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1085 |
14. Outlook | 1086 |
14.1 Proposals for Dispute Resolution Reform | 1086 |
14.2 Growth Areas | 1086 |
1. General | 1099 |
1.1 General Characteristics of the Legal System | 1099 |
1.2 Court System | 1099 |
1.3 Court Filings and Proceedings | 1099 |
1.4 Legal Representation in Court | 1100 |
2. Litigation Funding | 1100 |
2.1 Third-Party Litigation Funding | 1100 |
2.2 Third-Party Funding: Lawsuits | 1100 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1100 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1100 |
2.5 Types of Costs Considered Under Third-Party Funding | 1100 |
2.6 Contingency Fees | 1100 |
2.7 Time Limit for Obtaining Third-Party Funding | 1101 |
3. Initiating a Lawsuit | 1101 |
3.1 Rules on Pre-action Conduct | 1101 |
3.2 Statutes of Limitations | 1101 |
3.3 Jurisdictional Requirements for a Defendant | 1101 |
3.4 Initial Complaint | 1102 |
3.5 Rules of Service | 1102 |
3.6 Failure to Respond | 1102 |
3.7 Representative or Collective Actions | 1102 |
3.8 Requirements for Cost Estimate | 1102 |
4. Pre-trial Proceedings | 1103 |
4.1 Interim Applications/Motions | 1103 |
4.2 Early Judgment Applications | 1103 |
4.3 Dispositive Motions | 1104 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1104 |
4.5 Applications for Security for Defendant’s Costs | 1104 |
4.6 Costs of Interim Applications/Motions | 1104 |
4.7 Application/Motion Timeframe | 1104 |
5. Discovery | 1105 |
5.1 Discovery and Civil Cases | 1105 |
5.2 Discovery and Third Parties | 1105 |
5.3 Discovery in This Jurisdiction | 1105 |
5.4 Alternatives to Discovery Mechanisms | 1105 |
5.5 Legal Privilege | 1105 |
5.6 Rules Disallowing Disclosure of a Document | 1106 |
6. Injunctive Relief | 1106 |
6.1 Circumstances of Injunctive Relief | 1106 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1107 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1107 |
6.4 Liability for Damages for the Applicant | 1107 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1107 |
6.6 Third Parties and Injunctive Relief | 1107 |
6.7 Consequences of a Respondent’s Non-compliance | 1107 |
7. Trials and Hearings | 1107 |
7.1 Trial Proceedings | 1107 |
7.2 Case Management Hearings | 1108 |
7.3 Jury Trials in Civil Cases | 1108 |
7.4 Rules That Govern Admission of Evidence | 1108 |
7.5 Expert Testimony | 1109 |
7.6 Extent to Which Hearings Are Open to the Public | 1109 |
7.7 Level of Intervention by a Judge | 1109 |
7.8 General Timeframes for Proceedings | 1110 |
8. Settlement | 1110 |
8.1 Court Approval | 1110 |
8.2 Settlement of Lawsuits and Confidentiality | 1110 |
8.3 Enforcement of Settlement Agreements | 1110 |
8.4 Setting Aside Settlement Agreements | 1111 |
9. Damages and Judgment | 1111 |
9.1 Awards Available to the Successful Litigant | 1111 |
9.2 Rules Regarding Damages | 1111 |
9.3 Pre-judgment and Post-judgment Interest | 1111 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1112 |
9.5 Enforcement of a Judgment From a Foreign Country | 1112 |
10. Appeal | 1112 |
10.1 Levels of Appeal or Review to a Litigation | 1112 |
10.2 Rules Concerning Appeals of Judgments | 1113 |
10.3 Procedure for Taking an Appeal | 1113 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1113 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1113 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1113 |
11. Costs | 1114 |
11.1 Responsibility for Paying the Costs of Litigation | 1114 |
11.2 Factors Considered When Awarding Costs | 1114 |
11.3 Interest Awarded on Costs | 1114 |
12. Alternative Dispute Resolution (ADR) | 1114 |
12.1 Views of ADR Within the Country | 1114 |
12.2 ADR Within the Legal System | 1114 |
12.3 ADR Institutions | 1115 |
13. Arbitration | 1115 |
13.1 Laws Regarding the Conduct of Arbitration | 1115 |
13.2 Subject Matters Not Referred to Arbitration | 1115 |
13.3 Circumstances to Challenge an Arbitral Award | 1116 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1116 |
14. Outlook | 1117 |
14.1 Proposals for Dispute Resolution Reform | 1117 |
14.2 Growth Areas | 1117 |
1. General | 1129 |
1.1 General Characteristics of the Legal System | 1129 |
1.2 Court System | 1129 |
1.3 Court Filings and Proceedings | 1129 |
1.4 Legal Representation in Court | 1129 |
2. Litigation Funding | 1130 |
2.1 Third-Party Litigation Funding | 1130 |
2.2 Third-Party Funding: Lawsuits | 1130 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1130 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1130 |
2.5 Types of Costs Considered Under Third-Party Funding | 1130 |
2.6 Contingency Fees | 1130 |
2.7 Time Limit for Obtaining Third-Party Funding | 1130 |
3. Initiating a Lawsuit | 1130 |
3.1 Rules on Pre-action Conduct | 1130 |
3.2 Statutes of Limitations | 1130 |
3.3 Jurisdictional Requirements for a Defendant | 1131 |
3.4 Initial Complaint | 1131 |
3.5 Rules of Service | 1131 |
3.6 Failure to Respond | 1132 |
3.7 Representative or Collective Actions | 1132 |
3.8 Requirements for Cost Estimate | 1132 |
4. Pre-trial Proceedings | 1132 |
4.1 Interim Applications/Motions | 1132 |
4.2 Early Judgment Applications | 1132 |
4.3 Dispositive Motions | 1133 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1133 |
4.5 Applications for Security for Defendant’s Costs | 1134 |
4.6 Costs of Interim Applications/Motions | 1134 |
4.7 Application/Motion Timeframe | 1134 |
5. Discovery | 1134 |
5.1 Discovery and Civil Cases | 1134 |
5.2 Discovery and Third Parties | 1135 |
5.3 Discovery in This Jurisdiction | 1135 |
5.4 Alternatives to Discovery Mechanisms | 1135 |
5.5 Legal Privilege | 1135 |
5.6 Rules Disallowing Disclosure of a Document | 1135 |
6. Injunctive Relief | 1136 |
6.1 Circumstances of Injunctive Relief | 1136 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1136 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1136 |
6.4 Liability for Damages for the Applicant | 1136 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1137 |
6.6 Third Parties and Injunctive Relief | 1137 |
6.7 Consequences of a Respondent’s Non-compliance | 1137 |
7. Trials and Hearings | 1137 |
7.1 Trial Proceedings | 1137 |
7.2 Case Management Hearings | 1137 |
7.3 Jury Trials in Civil Cases | 1137 |
7.4 Rules That Govern Admission of Evidence | 1138 |
7.5 Expert Testimony | 1138 |
7.6 Extent to Which Hearings Are Open to the Public | 1138 |
7.7 Level of Intervention by a Judge | 1138 |
7.8 General Timeframes for Proceedings | 1139 |
8. Settlement | 1139 |
8.1 Court Approval | 1139 |
8.2 Settlement of Lawsuits and Confidentiality | 1139 |
8.3 Enforcement of Settlement Agreements | 1139 |
8.4 Setting Aside Settlement Agreements | 1139 |
9. Damages and Judgment | 1140 |
9.1 Awards Available to the Successful Litigant | 1140 |
9.2 Rules Regarding Damages | 1140 |
9.3 Pre-judgment and Post-judgment Interest | 1140 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1141 |
9.5 Enforcement of a Judgment From a Foreign Country | 1141 |
10. Appeal | 1141 |
10.1 Levels of Appeal or Review to a Litigation | 1141 |
10.2 Rules Concerning Appeals of Judgments | 1141 |
10.3 Procedure for Taking an Appeal | 1142 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1142 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1142 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1142 |
11. Costs | 1142 |
11.1 Responsibility for Paying the Costs of Litigation | 1142 |
11.2 Factors Considered When Awarding Costs | 1143 |
11.3 Interest Awarded on Costs | 1143 |
12. Alternative Dispute Resolution (ADR) | 1143 |
12.1 Views of ADR Within the Country | 1143 |
12.2 ADR Within the Legal System | 1143 |
12.3 ADR Institutions | 1143 |
13. Arbitration | 1143 |
13.1 Laws Regarding the Conduct of Arbitration | 1143 |
13.2 Subject Matters Not Referred to Arbitration | 1144 |
13.3 Circumstances to Challenge an Arbitral Award | 1144 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1144 |
14. Outlook | 1144 |
14.1 Proposals for Dispute Resolution Reform | 1144 |
14.2 Growth Areas | 1145 |
1. General | 1150 |
1.1 General Characteristics of the Legal System | 1150 |
1.2 Court System | 1150 |
1.3 Court Filings and Proceedings | 1151 |
1.4 Legal Representation in Court | 1151 |
2. Litigation Funding | 1152 |
2.1 Third-Party Litigation Funding | 1152 |
2.2 Third-Party Funding: Lawsuits | 1153 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1153 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1153 |
2.5 Types of Costs Considered Under Third-Party Funding | 1153 |
2.6 Contingency Fees | 1153 |
2.7 Time Limit for Obtaining Third-Party Funding | 1153 |
3. Initiating a Lawsuit | 1153 |
3.1 Rules on Pre-action Conduct | 1153 |
3.2 Statutes of Limitations | 1154 |
3.3 Jurisdictional Requirements for a Defendant | 1154 |
3.4 Initial Complaint | 1154 |
3.5 Rules of Service | 1155 |
3.6 Failure to Respond | 1156 |
3.7 Representative or Collective Actions | 1156 |
3.8 Requirements for Cost Estimate | 1156 |
4. Pre-trial Proceedings | 1157 |
4.1 Interim Applications/Motions | 1157 |
4.2 Early Judgment Applications | 1157 |
4.3 Dispositive Motions | 1157 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1157 |
4.5 Applications for Security for Defendant’s Costs | 1158 |
4.6 Costs of Interim Applications/Motions | 1158 |
4.7 Application/Motion Timeframe | 1158 |
5. Discovery | 1158 |
5.1 Discovery and Civil Cases | 1158 |
5.2 Discovery and Third Parties | 1158 |
5.3 Discovery in This Jurisdiction | 1159 |
5.4 Alternatives to Discovery Mechanisms | 1159 |
5.5 Legal Privilege | 1159 |
5.6 Rules Disallowing Disclosure of a Document | 1159 |
6. Injunctive Relief | 1160 |
6.1 Circumstances of Injunctive Relief | 1160 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1160 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1160 |
6.4 Liability for Damages for the Applicant | 1161 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1161 |
6.6 Third Parties and Injunctive Relief | 1161 |
6.7 Consequences of a Respondent’s Non-compliance | 1161 |
7. Trials and Hearings | 1161 |
7.1 Trial Proceedings | 1161 |
7.2 Case Management Hearings | 1162 |
7.3 Jury Trials in Civil Cases | 1162 |
7.4 Rules That Govern Admission of Evidence | 1162 |
7.5 Expert Testimony | 1162 |
7.6 Extent to Which Hearings Are Open to the Public | 1163 |
7.7 Level of Intervention by a Judge | 1163 |
7.8 General Timeframes for Proceedings | 1163 |
8. Settlement | 1164 |
8.1 Court Approval | 1164 |
8.2 Settlement of Lawsuits and Confidentiality | 1164 |
8.3 Enforcement of Settlement Agreements | 1164 |
8.4 Setting Aside Settlement Agreements | 1164 |
9. Damages and Judgment | 1164 |
9.1 Awards Available to the Successful Litigant | 1164 |
9.2 Rules Regarding Damages | 1164 |
9.3 Pre-judgment and Post-judgment Interest | 1165 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1165 |
9.5 Enforcement of a Judgment From a Foreign Country | 1165 |
10. Appeal | 1166 |
10.1 Levels of Appeal or Review to a Litigation | 1166 |
10.2 Rules Concerning Appeals of Judgments | 1167 |
10.3 Procedure for Taking an Appeal | 1167 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1167 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1167 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1167 |
11. Costs | 1168 |
11.1 Responsibility for Paying the Costs of Litigation | 1168 |
11.2 Factors Considered When Awarding Costs | 1168 |
11.3 Interest Awarded on Costs | 1168 |
12. Alternative Dispute Resolution (ADR) | 1168 |
12.1 Views of ADR Within the Country | 1168 |
12.2 ADR Within the Legal System | 1169 |
12.3 ADR Institutions | 1169 |
13. Arbitration | 1169 |
13.1 Laws Regarding the Conduct of Arbitration | 1169 |
13.2 Subject Matters Not Referred to Arbitration | 1170 |
13.3 Circumstances to Challenge an Arbitral Award | 1170 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1170 |
14. Outlook | 1170 |
14.1 Proposals for Dispute Resolution Reform | 1170 |
14.2 Growth Areas | 1170 |
1. General | 1184 |
1.1 General Characteristics of the Legal System | 1184 |
1.2 Court System | 1184 |
1.3 Court Filings and Proceedings | 1185 |
1.4 Legal Representation in Court | 1185 |
2. Litigation Funding | 1185 |
2.1 Third-Party Litigation Funding | 1185 |
2.2 Third-Party Funding: Lawsuits | 1185 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1185 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1185 |
2.5 Types of Costs Considered Under Third-Party Funding | 1186 |
2.6 Contingency Fees | 1186 |
2.7 Time Limit for Obtaining Third-Party Funding | 1186 |
3. Initiating a Lawsuit | 1186 |
3.1 Rules on Pre-action Conduct | 1186 |
3.2 Statutes of Limitations | 1186 |
3.3 Jurisdictional Requirements for a Defendant | 1186 |
3.4 Initial Complaint | 1187 |
3.5 Rules of Service | 1187 |
3.6 Failure to Respond | 1187 |
3.7 Representative or Collective Actions | 1188 |
3.8 Requirements for Cost Estimate | 1188 |
4. Pre-trial Proceedings | 1188 |
4.1 Interim Applications/Motions | 1188 |
4.2 Early Judgment Applications | 1188 |
4.3 Dispositive Motions | 1189 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1189 |
4.5 Applications for Security for Defendant’s Costs | 1189 |
4.6 Costs of Interim Applications/Motions | 1189 |
4.7 Application/Motion Timeframe | 1189 |
5. Discovery | 1190 |
5.1 Discovery and Civil Cases | 1190 |
5.2 Discovery and Third Parties | 1190 |
5.3 Discovery in This Jurisdiction | 1190 |
5.4 Alternatives to Discovery Mechanisms | 1191 |
5.5 Legal Privilege | 1191 |
5.6 Rules Disallowing Disclosure of a Document | 1191 |
6. Injunctive Relief | 1191 |
6.1 Circumstances of Injunctive Relief | 1191 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1192 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1192 |
6.4 Liability for Damages for the Applicant | 1192 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1193 |
6.6 Third Parties and Injunctive Relief | 1193 |
6.7 Consequences of a Respondent’s Non-compliance | 1193 |
7. Trials and Hearings | 1193 |
7.1 Trial Proceedings | 1193 |
7.2 Case Management Hearings | 1193 |
7.3 Jury Trials in Civil Cases | 1194 |
7.4 Rules That Govern Admission of Evidence | 1194 |
7.5 Expert Testimony | 1194 |
7.6 Extent to Which Hearings Are Open to the Public | 1194 |
7.7 Level of Intervention by a Judge | 1195 |
7.8 General Timeframes for Proceedings | 1195 |
8. Settlement | 1195 |
8.1 Court Approval | 1195 |
8.2 Settlement of Lawsuits and Confidentiality | 1196 |
8.3 Enforcement of Settlement Agreements | 1196 |
8.4 Setting Aside Settlement Agreements | 1196 |
9. Damages and Judgment | 1196 |
9.1 Awards Available to the Successful Litigant | 1196 |
9.2 Rules Regarding Damages | 1196 |
9.3 Pre-judgment and Post-judgment Interest | 1196 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1197 |
9.5 Enforcement of a Judgment From a Foreign Country | 1197 |
10. Appeal | 1197 |
10.1 Levels of Appeal or Review to a Litigation | 1197 |
10.2 Rules Concerning Appeals of Judgments | 1197 |
10.3 Procedure for Taking an Appeal | 1198 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1198 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1199 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1199 |
11. Costs | 1199 |
11.1 Responsibility for Paying the Costs of Litigation | 1199 |
11.2 Factors Considered When Awarding Costs | 1199 |
11.3 Interest Awarded on Costs | 1200 |
12. Alternative Dispute Resolution (ADR) | 1200 |
12.1 Views of ADR Within the Country | 1200 |
12.2 ADR Within the Legal System | 1200 |
12.3 ADR Institutions | 1200 |
13. Arbitration | 1201 |
13.1 Laws Regarding the Conduct of Arbitration | 1201 |
13.2 Subject Matters Not Referred to Arbitration | 1201 |
13.3 Circumstances to Challenge an Arbitral Award | 1202 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1202 |
14. Outlook | 1202 |
14.1 Proposals for Dispute Resolution Reform | 1202 |
14.2 Growth Areas | 1202 |
1. General | 1213 |
1.1 General Characteristics of the Legal System | 1213 |
1.2 Court System | 1213 |
1.3 Court Filings and Proceedings | 1214 |
1.4 Legal Representation in Court | 1215 |
2. Litigation Funding | 1215 |
2.1 Third-Party Litigation Funding | 1215 |
2.2 Third-Party Funding: Lawsuits | 1215 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1215 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1215 |
2.5 Types of Costs Considered Under Third-Party Funding | 1215 |
2.6 Contingency Fees | 1215 |
2.7 Time Limit for Obtaining Third-Party Funding | 1215 |
3. Initiating a Lawsuit | 1215 |
3.1 Rules on Pre-action Conduct | 1215 |
3.2 Statutes of Limitations | 1215 |
3.3 Jurisdictional Requirements for a Defendant | 1217 |
3.4 Initial Complaint | 1217 |
3.5 Rules of Service | 1217 |
3.6 Failure to Respond | 1217 |
3.7 Representative or Collective Actions | 1217 |
3.8 Requirements for Cost Estimate | 1218 |
4. Pre-trial Proceedings | 1218 |
4.1 Interim Applications/Motions | 1218 |
4.2 Early Judgment Applications | 1218 |
4.3 Dispositive Motions | 1218 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1218 |
4.5 Applications for Security for Defendant’s Costs | 1218 |
4.6 Costs of Interim Applications/Motions | 1218 |
4.7 Application/Motion Timeframe | 1218 |
5. Discovery | 1218 |
5.1 Discovery and Civil Cases | 1218 |
5.2 Discovery and Third Parties | 1219 |
5.3 Discovery in This Jurisdiction | 1219 |
5.4 Alternatives to Discovery Mechanisms | 1219 |
5.5 Legal Privilege | 1219 |
5.6 Rules Disallowing Disclosure of a Document | 1219 |
6. Injunctive Relief | 1220 |
6.1 Circumstances of Injunctive Relief | 1220 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1220 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1220 |
6.4 Liability for Damages for the Applicant | 1220 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1220 |
6.6 Third Parties and Injunctive Relief | 1220 |
6.7 Consequences of a Respondent’s Non-compliance | 1220 |
7. Trials and Hearings | 1220 |
7.1 Trial Proceedings | 1220 |
7.2 Case Management Hearings | 1221 |
7.3 Jury Trials in Civil Cases | 1221 |
7.4 Rules That Govern Admission of Evidence | 1221 |
7.5 Expert Testimony | 1221 |
7.6 Extent to Which Hearings Are Open to the Public | 1221 |
7.7 Level of Intervention by a Judge | 1221 |
7.8 General Timeframes for Proceedings | 1222 |
8. Settlement | 1222 |
8.1 Court Approval | 1222 |
8.2 Settlement of Lawsuits and Confidentiality | 1222 |
8.3 Enforcement of Settlement Agreements | 1222 |
8.4 Setting Aside Settlement Agreements | 1222 |
9. Damages and Judgment | 1222 |
9.1 Awards Available to the Successful Litigant | 1222 |
9.2 Rules Regarding Damages | 1222 |
9.3 Pre-judgment and Post-judgment Interest | 1223 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1223 |
9.5 Enforcement of a Judgment From a Foreign Country | 1223 |
10. Appeal | 1224 |
10.1 Levels of Appeal or Review to a Litigation | 1224 |
10.2 Rules Concerning Appeals of Judgments | 1224 |
10.3 Procedure for Taking an Appeal | 1224 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1225 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1225 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1225 |
11. Costs | 1225 |
11.1 Responsibility for Paying the Costs of Litigation | 1225 |
11.2 Factors Considered When Awarding Costs | 1225 |
11.3 Interest Awarded on Costs | 1225 |
12. Alternative Dispute Resolution (ADR) | 1226 |
12.1 Views of ADR Within the Country | 1226 |
12.2 ADR Within the Legal System | 1226 |
12.3 ADR Institutions | 1226 |
13. Arbitration | 1226 |
13.1 Laws Regarding the Conduct of Arbitration | 1226 |
13.2 Subject Matters Not Referred to Arbitration | 1227 |
13.3 Circumstances to Challenge an Arbitral Award | 1227 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1227 |
14. Outlook | 1228 |
14.1 Proposals for Dispute Resolution Reform | 1228 |
14.2 Growth Areas | 1228 |
1. General | 1234 |
1.1 General Characteristics of the Legal System | 1234 |
1.2 Court System | 1234 |
1.3 Court Filings and Proceedings | 1235 |
1.4 Legal Representation in Court | 1235 |
2. Litigation Funding | 1235 |
2.1 Third-Party Litigation Funding | 1235 |
2.2 Third-Party Funding: Lawsuits | 1236 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1236 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1236 |
2.5 Types of Costs Considered Under Third-Party Funding | 1236 |
2.6 Contingency Fees | 1236 |
2.7 Time Limit for Obtaining Third-Party Funding | 1236 |
3. Initiating a Lawsuit | 1236 |
3.1 Rules on Pre-action Conduct | 1236 |
3.2 Statutes of Limitations | 1237 |
3.3 Jurisdictional Requirements for a Defendant | 1237 |
3.4 Initial Complaint | 1238 |
3.5 Rules of Service | 1238 |
3.6 Failure to Respond | 1238 |
3.7 Representative or Collective Actions | 1238 |
3.8 Requirements for Cost Estimate | 1239 |
4. Pre-trial Proceedings | 1239 |
4.1 Interim Applications/Motions | 1239 |
4.2 Early Judgment Applications | 1240 |
4.3 Dispositive Motions | 1241 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1241 |
4.5 Applications for Security for Defendant’s Costs | 1241 |
4.6 Costs of Interim Applications/Motions | 1241 |
4.7 Application/Motion Timeframe | 1241 |
5. Discovery | 1242 |
5.1 Discovery and Civil Cases | 1242 |
5.2 Discovery and Third Parties | 1243 |
5.3 Discovery in This Jurisdiction | 1243 |
5.4 Alternatives to Discovery Mechanisms | 1243 |
5.5 Legal Privilege | 1243 |
5.6 Rules Disallowing Disclosure of a Document | 1244 |
6. Injunctive Relief | 1244 |
6.1 Circumstances of Injunctive Relief | 1244 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1245 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1245 |
6.4 Liability for Damages for the Applicant | 1246 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1246 |
6.6 Third Parties and Injunctive Relief | 1246 |
6.7 Consequences of a Respondent’s Non-compliance | 1246 |
7. Trials and Hearings | 1246 |
7.1 Trial Proceedings | 1246 |
7.2 Case Management Hearings | 1247 |
7.3 Jury Trials in Civil Cases | 1248 |
7.4 Rules That Govern Admission of Evidence | 1248 |
7.5 Expert Testimony | 1248 |
7.6 Extent to Which Hearings Are Open to the Public | 1249 |
7.7 Level of Intervention by a Judge | 1249 |
7.8 General Timeframes for Proceedings | 1249 |
8. Settlement | 1250 |
8.1 Court Approval | 1250 |
8.2 Settlement of Lawsuits and Confidentiality | 1250 |
8.3 Enforcement of Settlement Agreements | 1251 |
8.4 Setting Aside Settlement Agreements | 1251 |
9. Damages and Judgment | 1251 |
9.1 Awards Available to the Successful Litigant | 1251 |
9.2 Rules Regarding Damages | 1251 |
9.3 Pre-judgment and Post-judgment Interest | 1251 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1252 |
9.5 Enforcement of a Judgment From a Foreign Country | 1252 |
10. Appeal | 1253 |
10.1 Levels of Appeal or Review to a Litigation | 1253 |
10.2 Rules Concerning Appeals of Judgments | 1254 |
10.3 Procedure for Taking an Appeal | 1254 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1255 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1256 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1256 |
11. Costs | 1256 |
11.1 Responsibility for Paying the Costs of Litigation | 1256 |
11.2 Factors Considered When Awarding Costs | 1257 |
11.3 Interest Awarded on Costs | 1257 |
12. Alternative Dispute Resolution (ADR) | 1257 |
12.1 Views of ADR Within the Country | 1257 |
12.2 ADR Within the Legal System | 1257 |
12.3 ADR Institutions | 1258 |
13. Arbitration | 1259 |
13.1 Laws Regarding the Conduct of Arbitration | 1259 |
13.2 Subject Matters Not Referred to Arbitration | 1259 |
13.3 Circumstances to Challenge an Arbitral Award | 1259 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1259 |
14. Outlook | 1260 |
14.1 Proposals for Dispute Resolution Reform | 1260 |
14.2 Growth Areas | 1260 |
1. General | 1275 |
1.1 General Characteristics of the Legal System | 1275 |
1.2 Court System | 1275 |
1.3 Court Filings and Proceedings | 1276 |
1.4 Legal Representation in Court | 1276 |
2. Litigation Funding | 1276 |
2.1 Third-Party Litigation Funding | 1276 |
2.2 Third-Party Funding: Lawsuits | 1277 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1277 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1277 |
2.5 Types of Costs Considered Under Third-Party Funding | 1277 |
2.6 Contingency Fees | 1277 |
2.7 Time Limit for Obtaining Third-Party Funding | 1277 |
3. Initiating a Lawsuit | 1277 |
3.1 Rules on Pre-action Conduct | 1277 |
3.2 Statutes of Limitations | 1277 |
3.3 Jurisdictional Requirements for a Defendant | 1278 |
3.4 Initial Complaint | 1278 |
3.5 Rules of Service | 1278 |
3.6 Failure to Respond | 1279 |
3.7 Representative or Collective Actions | 1279 |
3.8 Requirements for Cost Estimate | 1280 |
4. Pre-trial Proceedings | 1280 |
4.1 Interim Applications/Motions | 1280 |
4.2 Early Judgment Applications | 1280 |
4.3 Dispositive Motions | 1280 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1280 |
4.5 Applications for Security for Defendant’s Costs | 1281 |
4.6 Costs of Interim Applications/Motions | 1281 |
4.7 Application/Motion Timeframe | 1281 |
5. Discovery | 1281 |
5.1 Discovery and Civil Cases | 1281 |
5.2 Discovery and Third Parties | 1281 |
5.3 Discovery in This Jurisdiction | 1282 |
5.4 Alternatives to Discovery Mechanisms | 1282 |
5.5 Legal Privilege | 1282 |
5.6 Rules Disallowing Disclosure of a Document | 1283 |
6. Injunctive Relief | 1283 |
6.1 Circumstances of Injunctive Relief | 1283 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1283 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1284 |
6.4 Liability for Damages for the Applicant | 1284 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1284 |
6.6 Third Parties and Injunctive Relief | 1284 |
6.7 Consequences of a Respondent’s Non-compliance | 1284 |
7. Trials and Hearings | 1285 |
7.1 Trial Proceedings | 1285 |
7.2 Case Management Hearings | 1285 |
7.3 Jury Trials in Civil Cases | 1285 |
7.4 Rules That Govern Admission of Evidence | 1285 |
7.5 Expert Testimony | 1286 |
7.6 Extent to Which Hearings Are Open to the Public | 1286 |
7.7 Level of Intervention by a Judge | 1286 |
7.8 General Timeframes for Proceedings | 1286 |
8. Settlement | 1287 |
8.1 Court Approval | 1287 |
8.2 Settlement of Lawsuits and Confidentiality | 1287 |
8.3 Enforcement of Settlement Agreements | 1288 |
8.4 Setting Aside Settlement Agreements | 1288 |
9. Damages and Judgment | 1288 |
9.1 Awards Available to the Successful Litigant | 1288 |
9.2 Rules Regarding Damages | 1288 |
9.3 Pre-judgment and Post-judgment Interest | 1289 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1289 |
9.5 Enforcement of a Judgment From a Foreign Country | 1289 |
10. Appeal | 1290 |
10.1 Levels of Appeal or Review to a Litigation | 1290 |
10.2 Rules Concerning Appeals of Judgments | 1290 |
10.3 Procedure for Taking an Appeal | 1290 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1291 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1291 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1291 |
11. Costs | 1291 |
11.1 Responsibility for Paying the Costs of Litigation | 1291 |
11.2 Factors Considered When Awarding Costs | 1291 |
11.3 Interest Awarded on Costs | 1291 |
12. Alternative Dispute Resolution (ADR) | 1291 |
12.1 Views of ADR Within the Country | 1291 |
12.2 ADR Within the Legal System | 1292 |
12.3 ADR Institutions | 1292 |
13. Arbitration | 1292 |
13.1 Laws Regarding the Conduct of Arbitration | 1292 |
13.2 Subject Matters Not Referred to Arbitration | 1292 |
13.3 Circumstances to Challenge an Arbitral Award | 1292 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1293 |
14. Outlook | 1293 |
14.1 Proposals for Dispute Resolution Reform | 1293 |
14.2 Growth Areas | 1294 |
1. General | 1300 |
1.1 General Characteristics of the Legal System | 1300 |
1.2 Court System | 1300 |
1.3 Court Filings and Proceedings | 1301 |
1.4 Legal Representation in Court | 1301 |
2. Litigation Funding | 1301 |
2.1 Third-Party Litigation Funding | 1301 |
2.2 Third-Party Funding: Lawsuits | 1301 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1302 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1302 |
2.5 Types of Costs Considered Under Third-Party Funding | 1302 |
2.6 Contingency Fees | 1302 |
2.7 Time Limit for Obtaining Third-Party Funding | 1302 |
3. Initiating a Lawsuit | 1302 |
3.1 Rules on Pre-action Conduct | 1302 |
3.2 Statutes of Limitations | 1302 |
3.3 Jurisdictional Requirements for a Defendant | 1303 |
3.4 Initial Complaint | 1303 |
3.5 Rules of Service | 1303 |
3.6 Failure to Respond | 1304 |
3.7 Representative or Collective Actions | 1304 |
3.8 Requirements for Cost Estimate | 1304 |
4. Pre-trial Proceedings | 1305 |
4.1 Interim Applications/Motions | 1305 |
4.2 Early Judgment Applications | 1305 |
4.3 Dispositive Motions | 1305 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1305 |
4.5 Applications for Security for Defendant’s Costs | 1306 |
4.6 Costs of Interim Applications/Motions | 1306 |
4.7 Application/Motion Timeframe | 1306 |
5. Discovery | 1306 |
5.1 Discovery and Civil Cases | 1306 |
5.2 Discovery and Third Parties | 1307 |
5.3 Discovery in This Jurisdiction | 1307 |
5.4 Alternatives to Discovery Mechanisms | 1307 |
5.5 Legal Privilege | 1307 |
5.6 Rules Disallowing Disclosure of a Document | 1307 |
6. Injunctive Relief | 1307 |
6.1 Circumstances of Injunctive Relief | 1307 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1308 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1308 |
6.4 Liability for Damages for the Applicant | 1309 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1309 |
6.6 Third Parties and Injunctive Relief | 1309 |
6.7 Consequences of a Respondent’s Non-compliance | 1309 |
7. Trials and Hearings | 1309 |
7.1 Trial Proceedings | 1309 |
7.2 Case Management Hearings | 1310 |
7.3 Jury Trials in Civil Cases | 1310 |
7.4 Rules That Govern Admission of Evidence | 1310 |
7.5 Expert Testimony | 1310 |
7.6 Extent to Which Hearings Are Open to the Public | 1310 |
7.7 Level of Intervention by a Judge | 1310 |
7.8 General Timeframes for Proceedings | 1310 |
8. Settlement | 1311 |
8.1 Court Approval | 1311 |
8.2 Settlement of Lawsuits and Confidentiality | 1311 |
8.3 Enforcement of Settlement Agreements | 1311 |
8.4 Setting Aside Settlement Agreements | 1311 |
9. Damages and Judgment | 1311 |
9.1 Awards Available to the Successful Litigant | 1311 |
9.2 Rules Regarding Damages | 1311 |
9.3 Pre-judgment and Post-judgment Interest | 1312 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1312 |
9.5 Enforcement of a Judgment From a Foreign Country | 1312 |
10. Appeal | 1312 |
10.1 Levels of Appeal or Review to a Litigation | 1312 |
10.2 Rules Concerning Appeals of Judgments | 1313 |
10.3 Procedure for Taking an Appeal | 1313 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1313 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1313 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1313 |
11. Costs | 1313 |
11.1 Responsibility for Paying the Costs of Litigation | 1313 |
11.2 Factors Considered When Awarding Costs | 1314 |
11.3 Interest Awarded on Costs | 1314 |
12. Alternative Dispute Resolution (ADR) | 1314 |
12.1 Views of ADR Within the Country | 1314 |
12.2 ADR Within the Legal System | 1314 |
12.3 ADR Institutions | 1314 |
13. Arbitration | 1315 |
13.1 Laws Regarding the Conduct of Arbitration | 1315 |
13.2 Subject Matters Not Referred to Arbitration | 1315 |
13.3 Circumstances to Challenge an Arbitral Award | 1315 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1315 |
14. Outlook | 1315 |
14.1 Proposals for Dispute Resolution Reform | 1315 |
14.2 Growth Areas | 1315 |
1. General | 1330 |
1.1 General Characteristics of the Legal System | 1330 |
1.2 Court System | 1330 |
1.3 Court Filings and Proceedings | 1331 |
1.4 Legal Representation in Court | 1331 |
2. Litigation Funding | 1332 |
2.1 Third-Party Litigation Funding | 1332 |
2.2 Third-Party Funding: Lawsuits | 1332 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1332 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1332 |
2.5 Types of Costs Considered Under Third-Party Funding | 1332 |
2.6 Contingency Fees | 1332 |
2.7 Time Limit for Obtaining Third-Party Funding | 1333 |
3. Initiating a Lawsuit | 1333 |
3.1 Rules on Pre-action Conduct | 1333 |
3.2 Statutes of Limitations | 1333 |
3.3 Jurisdictional Requirements for a Defendant | 1333 |
3.4 Initial Complaint | 1334 |
3.5 Rules of Service | 1334 |
3.6 Failure to Respond | 1335 |
3.7 Representative or Collective Actions | 1335 |
3.8 Requirements for Cost Estimate | 1336 |
4. Pre-trial Proceedings | 1336 |
4.1 Interim Applications/Motions | 1336 |
4.2 Early Judgment Applications | 1336 |
4.3 Dispositive Motions | 1336 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1337 |
4.5 Applications for Security for Defendant’s Costs | 1337 |
4.6 Costs of Interim Applications/Motions | 1337 |
4.7 Application/Motion Timeframe | 1337 |
5. Discovery | 1337 |
5.1 Discovery and Civil Cases | 1337 |
5.2 Discovery and Third Parties | 1338 |
5.3 Discovery in This Jurisdiction | 1338 |
5.4 Alternatives to Discovery Mechanisms | 1338 |
5.5 Legal Privilege | 1338 |
5.6 Rules Disallowing Disclosure of a Document | 1338 |
6. Injunctive Relief | 1338 |
6.1 Circumstances of Injunctive Relief | 1338 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1339 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1339 |
6.4 Liability for Damages for the Applicant | 1339 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1339 |
6.6 Third Parties and Injunctive Relief | 1340 |
6.7 Consequences of a Respondent’s Non-compliance | 1340 |
7. Trials and Hearings | 1340 |
7.1 Trial Proceedings | 1340 |
7.2 Case Management Hearings | 1341 |
7.3 Jury Trials in Civil Cases | 1341 |
7.4 Rules That Govern Admission of Evidence | 1341 |
7.5 Expert Testimony | 1342 |
7.6 Extent to Which Hearings Are Open to the Public | 1342 |
7.7 Level of Intervention by a Judge | 1342 |
7.8 General Timeframes for Proceedings | 1342 |
8. Settlement | 1342 |
8.1 Court Approval | 1342 |
8.2 Settlement of Lawsuits and Confidentiality | 1342 |
8.3 Enforcement of Settlement Agreements | 1343 |
8.4 Setting Aside Settlement Agreements | 1343 |
9. Damages and Judgment | 1343 |
9.1 Awards Available to the Successful Litigant | 1343 |
9.2 Rules Regarding Damages | 1343 |
9.3 Pre-judgment and Post-judgment Interest | 1343 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1344 |
9.5 Enforcement of a Judgment From a Foreign Country | 1344 |
10. Appeal | 1344 |
10.1 Levels of Appeal or Review to a Litigation | 1344 |
10.2 Rules Concerning Appeals of Judgments | 1344 |
10.3 Procedure for Taking an Appeal | 1345 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1345 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1346 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1346 |
11. Costs | 1346 |
11.1 Responsibility for Paying the Costs of Litigation | 1346 |
11.2 Factors Considered When Awarding Costs | 1346 |
11.3 Interest Awarded on Costs | 1346 |
12. Alternative Dispute Resolution (ADR) | 1347 |
12.1 Views of ADR Within the Country | 1347 |
12.2 ADR Within the Legal System | 1347 |
12.3 ADR Institutions | 1347 |
13. Arbitration | 1347 |
13.1 Laws Regarding the Conduct of Arbitration | 1347 |
13.2 Subject Matters Not Referred to Arbitration | 1347 |
13.3 Circumstances to Challenge an Arbitral Award | 1348 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1348 |
14. Outlook | 1348 |
14.1 Proposals for Dispute Resolution Reform | 1348 |
14.2 Growth Areas | 1348 |
1. General | 1355 |
1.1 General Characteristics of the Legal System | 1355 |
1.2 Court System | 1355 |
1.3 Court Filings and Proceedings | 1356 |
1.4 Legal Representation in Court | 1356 |
2. Litigation Funding | 1356 |
2.1 Third-Party Litigation Funding | 1356 |
2.2 Third-Party Funding: Lawsuits | 1356 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1356 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1356 |
2.5 Types of Costs Considered Under Third-Party Funding | 1356 |
2.6 Contingency Fees | 1356 |
2.7 Time Limit for Obtaining Third-Party Funding | 1357 |
3. Initiating a Lawsuit | 1357 |
3.1 Rules on Pre-action Conduct | 1357 |
3.2 Statutes of Limitations | 1357 |
3.3 Jurisdictional Requirements for a Defendant | 1357 |
3.4 Initial Complaint | 1357 |
3.5 Rules of Service | 1358 |
3.6 Failure to Respond | 1358 |
3.7 Representative or Collective Actions | 1358 |
3.8 Requirements for Cost Estimate | 1359 |
4. Pre-trial Proceedings | 1359 |
4.1 Interim Applications/Motions | 1359 |
4.2 Early Judgment Applications | 1359 |
4.3 Dispositive Motions | 1359 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1360 |
4.5 Applications for Security for Defendant’s Costs | 1360 |
4.6 Costs of Interim Applications/Motions | 1360 |
4.7 Application/Motion Timeframe | 1360 |
5. Discovery | 1361 |
5.1 Discovery and Civil Cases | 1361 |
5.2 Discovery and Third Parties | 1361 |
5.3 Discovery in This Jurisdiction | 1361 |
5.4 Alternatives to Discovery Mechanisms | 1361 |
5.5 Legal Privilege | 1362 |
5.6 Rules Disallowing Disclosure of a Document | 1362 |
6. Injunctive Relief | 1362 |
6.1 Circumstances of Injunctive Relief | 1362 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1363 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1363 |
6.4 Liability for Damages for the Applicant | 1363 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1363 |
6.6 Third Parties and Injunctive Relief | 1363 |
6.7 Consequences of a Respondent’s Non-compliance | 1364 |
7. Trials and Hearings | 1364 |
7.1 Trial Proceedings | 1364 |
7.2 Case Management Hearings | 1364 |
7.3 Jury Trials in Civil Cases | 1364 |
7.4 Rules That Govern Admission of Evidence | 1364 |
7.5 Expert Testimony | 1365 |
7.6 Extent to Which Hearings Are Open to the Public | 1365 |
7.7 Level of Intervention by a Judge | 1365 |
7.8 General Timeframes for Proceedings | 1365 |
8. Settlement | 1366 |
8.1 Court Approval | 1366 |
8.2 Settlement of Lawsuits and Confidentiality | 1366 |
8.3 Enforcement of Settlement Agreements | 1366 |
8.4 Setting Aside Settlement Agreements | 1366 |
9. Damages and Judgment | 1367 |
9.1 Awards Available to the Successful Litigant | 1367 |
9.2 Rules Regarding Damages | 1367 |
9.3 Pre-judgment and Post-judgment Interest | 1367 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1367 |
9.5 Enforcement of a Judgment From a Foreign Country | 1368 |
10. Appeal | 1368 |
10.1 Levels of Appeal or Review to a Litigation | 1368 |
10.2 Rules Concerning Appeals of Judgments | 1369 |
10.3 Procedure for Taking an Appeal | 1369 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1370 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1370 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1370 |
11. Costs | 1371 |
11.1 Responsibility for Paying the Costs of Litigation | 1371 |
11.2 Factors Considered When Awarding Costs | 1371 |
11.3 Interest Awarded on Costs | 1371 |
12. Alternative Dispute Resolution (ADR) | 1371 |
12.1 Views of ADR Within the Country | 1371 |
12.2 ADR Within the Legal System | 1372 |
12.3 ADR Institutions | 1372 |
13. Arbitration | 1372 |
13.1 Laws Regarding the Conduct of Arbitration | 1372 |
13.2 Subject Matters Not Referred to Arbitration | 1372 |
13.3 Circumstances to Challenge an Arbitral Award | 1373 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1373 |
14. Outlook | 1374 |
14.1 Proposals for Dispute Resolution Reform | 1374 |
14.2 Growth Areas | 1374 |
1. General | 1380 |
1.1 General Characteristics of the Legal System | 1380 |
1.2 Court System | 1380 |
1.3 Court Filings and Proceedings | 1380 |
1.4 Legal Representation in Court | 1381 |
2. Litigation Funding | 1381 |
2.1 Third-Party Litigation Funding | 1381 |
2.2 Third-Party Funding: Lawsuits | 1381 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1381 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1381 |
2.5 Types of Costs Considered Under Third-Party Funding | 1381 |
2.6 Contingency Fees | 1381 |
2.7 Time Limit for Obtaining Third-Party Funding | 1382 |
3. Initiating a Lawsuit | 1382 |
3.1 Rules on Pre-action Conduct | 1382 |
3.2 Statutes of Limitations | 1382 |
3.3 Jurisdictional Requirements for a Defendant | 1382 |
3.4 Initial Complaint | 1383 |
3.5 Rules of Service | 1383 |
3.6 Failure to Respond | 1383 |
3.7 Representative or Collective Actions | 1383 |
3.8 Requirements for Cost Estimate | 1384 |
4. Pre-trial Proceedings | 1384 |
4.1 Interim Applications/Motions | 1384 |
4.2 Early Judgment Applications | 1384 |
4.3 Dispositive Motions | 1384 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1385 |
4.5 Applications for Security for Defendant’s Costs | 1385 |
4.6 Costs of Interim Applications/Motions | 1385 |
4.7 Application/Motion Timeframe | 1385 |
5. Discovery | 1385 |
5.1 Discovery and Civil Cases | 1385 |
5.2 Discovery and Third Parties | 1386 |
5.3 Discovery in This Jurisdiction | 1386 |
5.4 Alternatives to Discovery Mechanisms | 1386 |
5.5 Legal Privilege | 1386 |
5.6 Rules Disallowing Disclosure of a Document | 1386 |
6. Injunctive Relief | 1387 |
6.1 Circumstances of Injunctive Relief | 1387 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1387 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1387 |
6.4 Liability for Damages for the Applicant | 1387 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1387 |
6.6 Third Parties and Injunctive Relief | 1388 |
6.7 Consequences of a Respondent’s Non-compliance | 1388 |
7. Trials and Hearings | 1388 |
7.1 Trial Proceedings | 1388 |
7.2 Case Management Hearings | 1388 |
7.3 Jury Trials in Civil Cases | 1389 |
7.4 Rules That Govern Admission of Evidence | 1389 |
7.5 Expert Testimony | 1389 |
7.6 Extent to Which Hearings Are Open to the Public | 1389 |
7.7 Level of Intervention by a Judge | 1389 |
7.8 General Timeframes for Proceedings | 1389 |
8. Settlement | 1390 |
8.1 Court Approval | 1390 |
8.2 Settlement of Lawsuits and Confidentiality | 1390 |
8.3 Enforcement of Settlement Agreements | 1391 |
8.4 Setting Aside Settlement Agreements | 1391 |
9. Damages and Judgment | 1391 |
9.1 Awards Available to the Successful Litigant | 1391 |
9.2 Rules Regarding Damages | 1392 |
9.3 Pre-judgment and Post-judgment Interest | 1392 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1392 |
9.5 Enforcement of a Judgment From a Foreign Country | 1392 |
10. Appeal | 1392 |
10.1 Levels of Appeal or Review to a Litigation | 1392 |
10.2 Rules Concerning Appeals of Judgments | 1392 |
10.3 Procedure for Taking an Appeal | 1393 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1393 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1393 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1393 |
11. Costs | 1393 |
11.1 Responsibility for Paying the Costs of Litigation | 1393 |
11.2 Factors Considered When Awarding Costs | 1393 |
11.3 Interest Awarded on Costs | 1394 |
12. Alternative Dispute Resolution (ADR) | 1394 |
12.1 Views of ADR Within the Country | 1394 |
12.2 ADR Within the Legal System | 1394 |
12.3 ADR Institutions | 1394 |
13. Arbitration | 1394 |
13.1 Laws Regarding the Conduct of Arbitration | 1394 |
13.2 Subject Matters Not Referred to Arbitration | 1394 |
13.3 Circumstances to Challenge an Arbitral Award | 1394 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1395 |
14. Outlook | 1395 |
14.1 Proposals for Dispute Resolution Reform | 1395 |
14.2 Growth Areas | 1395 |
1. General | 1408 |
1.1 General Characteristics of the Legal System | 1408 |
1.2 Court System | 1408 |
1.3 Court Filings and Proceedings | 1408 |
1.4 Legal Representation in Court | 1408 |
2. Litigation Funding | 1409 |
2.1 Third-Party Litigation Funding | 1409 |
2.2 Third-Party Funding: Lawsuits | 1409 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1409 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1409 |
2.5 Types of Costs Considered Under Third-Party Funding | 1409 |
2.6 Contingency Fees | 1410 |
2.7 Time Limit for Obtaining Third-Party Funding | 1410 |
3. Initiating a Lawsuit | 1410 |
3.1 Rules on Pre-action Conduct | 1410 |
3.2 Statutes of Limitations | 1410 |
3.3 Jurisdictional Requirements for a Defendant | 1410 |
3.4 Initial Complaint | 1411 |
3.5 Rules of Service | 1411 |
3.6 Failure to Respond | 1411 |
3.7 Representative or Collective Actions | 1412 |
3.8 Requirements for Cost Estimate | 1412 |
4. Pre-trial Proceedings | 1412 |
4.1 Interim Applications/Motions | 1412 |
4.2 Early Judgment Applications | 1412 |
4.3 Dispositive Motions | 1413 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1413 |
4.5 Applications for Security for Defendant’s Costs | 1413 |
4.6 Costs of Interim Applications/Motions | 1414 |
4.7 Application/Motion Timeframe | 1414 |
5. Discovery | 1414 |
5.1 Discovery and Civil Cases | 1414 |
5.2 Discovery and Third Parties | 1414 |
5.3 Discovery in This Jurisdiction | 1415 |
5.4 Alternatives to Discovery Mechanisms | 1415 |
5.5 Legal Privilege | 1415 |
5.6 Rules Disallowing Disclosure of a Document | 1415 |
6. Injunctive Relief | 1416 |
6.1 Circumstances of Injunctive Relief | 1416 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1416 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1416 |
6.4 Liability for Damages for the Applicant | 1416 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1417 |
6.6 Third Parties and Injunctive Relief | 1417 |
6.7 Consequences of a Respondent’s Non-compliance | 1417 |
7. Trials and Hearings | 1417 |
7.1 Trial Proceedings | 1417 |
7.2 Case Management Hearings | 1417 |
7.3 Jury Trials in Civil Cases | 1418 |
7.4 Rules That Govern Admission of Evidence | 1418 |
7.5 Expert Testimony | 1418 |
7.6 Extent to Which Hearings Are Open to the Public | 1418 |
7.7 Level of Intervention by a Judge | 1418 |
7.8 General Timeframes for Proceedings | 1418 |
8. Settlement | 1419 |
8.1 Court Approval | 1419 |
8.2 Settlement of Lawsuits and Confidentiality | 1419 |
8.3 Enforcement of Settlement Agreements | 1419 |
8.4 Setting Aside Settlement Agreements | 1419 |
9. Damages and Judgment | 1420 |
9.1 Awards Available to the Successful Litigant | 1420 |
9.2 Rules Regarding Damages | 1420 |
9.3 Pre-judgment and Post-judgment Interest | 1420 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1420 |
9.5 Enforcement of a Judgment From a Foreign Country | 1421 |
10. Appeal | 1421 |
10.1 Levels of Appeal or Review to a Litigation | 1421 |
10.2 Rules Concerning Appeals of Judgments | 1422 |
10.3 Procedure for Taking an Appeal | 1422 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1422 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1423 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1423 |
11. Costs | 1423 |
11.1 Responsibility for Paying the Costs of Litigation | 1423 |
11.2 Factors Considered When Awarding Costs | 1423 |
11.3 Interest Awarded on Costs | 1424 |
12. Alternative Dispute Resolution (ADR) | 1424 |
12.1 Views of ADR Within the Country | 1424 |
12.2 ADR Within the Legal System | 1424 |
12.3 ADR Institutions | 1424 |
13. Arbitration | 1424 |
13.1 Laws Regarding the Conduct of Arbitration | 1424 |
13.2 Subject Matters Not Referred to Arbitration | 1424 |
13.3 Circumstances to Challenge an Arbitral Award | 1425 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1425 |
14. Outlook | 1425 |
14.1 Proposals for Dispute Resolution Reform | 1425 |
14.2 Growth Areas | 1425 |
1. General | 1439 |
1.1 General Characteristics of the Legal System | 1439 |
1.2 Court System | 1439 |
1.3 Court Filings and Proceedings | 1440 |
1.4 Legal Representation in Court | 1440 |
2. Litigation Funding | 1440 |
2.1 Third-Party Litigation Funding | 1440 |
2.2 Third-Party Funding: Lawsuits | 1440 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1441 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1441 |
2.5 Types of Costs Considered Under Third-Party Funding | 1441 |
2.6 Contingency Fees | 1441 |
2.7 Time Limit for Obtaining Third-Party Funding | 1441 |
3. Initiating a Lawsuit | 1442 |
3.1 Rules on Pre-action Conduct | 1442 |
3.2 Statutes of Limitations | 1442 |
3.3 Jurisdictional Requirements for a Defendant | 1442 |
3.4 Initial Complaint | 1443 |
3.5 Rules of Service | 1443 |
3.6 Failure to Respond | 1444 |
3.7 Representative or Collective Actions | 1444 |
3.8 Requirements for Cost Estimate | 1445 |
4. Pre-trial Proceedings | 1445 |
4.1 Interim Applications/Motions | 1445 |
4.2 Early Judgment Applications | 1445 |
4.3 Dispositive Motions | 1445 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1446 |
4.5 Applications for Security for Defendant’s Costs | 1446 |
4.6 Costs of Interim Applications/Motions | 1446 |
4.7 Application/Motion Timeframe | 1446 |
5. Discovery | 1447 |
5.1 Discovery and Civil Cases | 1447 |
5.2 Discovery and Third Parties | 1447 |
5.3 Discovery in This Jurisdiction | 1448 |
5.4 Alternatives to Discovery Mechanisms | 1448 |
5.5 Legal Privilege | 1448 |
5.6 Rules Disallowing Disclosure of a Document | 1449 |
6. Injunctive Relief | 1449 |
6.1 Circumstances of Injunctive Relief | 1449 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1449 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1450 |
6.4 Liability for Damages for the Applicant | 1450 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1450 |
6.6 Third Parties and Injunctive Relief | 1451 |
6.7 Consequences of a Respondent’s Non-compliance | 1451 |
7. Trials and Hearings | 1451 |
7.1 Trial Proceedings | 1451 |
7.2 Case Management Hearings | 1452 |
7.3 Jury Trials in Civil Cases | 1452 |
7.4 Rules That Govern Admission of Evidence | 1452 |
7.5 Expert Testimony | 1452 |
7.6 Extent to Which Hearings Are Open to the Public | 1452 |
7.7 Level of Intervention by a Judge | 1453 |
7.8 General Timeframes for Proceedings | 1453 |
8. Settlement | 1453 |
8.1 Court Approval | 1453 |
8.2 Settlement of Lawsuits and Confidentiality | 1453 |
8.3 Enforcement of Settlement Agreements | 1454 |
8.4 Setting Aside Settlement Agreements | 1454 |
9. Damages and Judgment | 1454 |
9.1 Awards Available to the Successful Litigant | 1454 |
9.2 Rules Regarding Damages | 1455 |
9.3 Pre-judgment and Post-judgment Interest | 1455 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1456 |
9.5 Enforcement of a Judgment From a Foreign Country | 1456 |
10. Appeal | 1456 |
10.1 Levels of Appeal or Review to a Litigation | 1456 |
10.2 Rules Concerning Appeals of Judgments | 1457 |
10.3 Procedure for Taking an Appeal | 1457 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1458 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1458 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1458 |
11. Costs | 1458 |
11.1 Responsibility for Paying the Costs of Litigation | 1458 |
11.2 Factors Considered When Awarding Costs | 1459 |
11.3 Interest Awarded on Costs | 1459 |
12. Alternative Dispute Resolution (ADR) | 1459 |
12.1 Views of ADR Within the Country | 1459 |
12.2 ADR Within the Legal System | 1460 |
12.3 ADR Institutions | 1460 |
13. Arbitration | 1460 |
13.1 Laws Regarding the Conduct of Arbitration | 1460 |
13.2 Subject Matters Not Referred to Arbitration | 1461 |
13.3 Circumstances to Challenge an Arbitral Award | 1461 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1462 |
14. Outlook | 1462 |
14.1 Proposals for Dispute Resolution Reform | 1462 |
14.2 Growth Areas | 1462 |
1. General | 1520 |
1.1 General Characteristics of the Legal System | 1520 |
1.2 Court System | 1520 |
1.3 Court Filings and Proceedings | 1521 |
1.4 Legal Representation in Court | 1521 |
2. Litigation Funding | 1522 |
2.1 Third-Party Litigation Funding | 1522 |
2.2 Third-Party Funding: Lawsuits | 1522 |
2.3 Third-Party Funding for Plaintiff and Defendant | 1522 |
2.4 Minimum and Maximum Amounts of Third-Party Funding | 1522 |
2.5 Types of Costs Considered Under Third-Party Funding | 1522 |
2.6 Contingency Fees | 1523 |
2.7 Time Limit for Obtaining Third-Party Funding | 1523 |
3. Initiating a Lawsuit | 1523 |
3.1 Rules on Pre-action Conduct | 1523 |
3.2 Statutes of Limitations | 1523 |
3.3 Jurisdictional Requirements for a Defendant | 1524 |
3.4 Initial Complaint | 1524 |
3.5 Rules of Service | 1524 |
3.6 Failure to Respond | 1525 |
3.7 Representative or Collective Actions | 1525 |
3.8 Requirements for Cost Estimate | 1525 |
4. Pre-trial Proceedings | 1526 |
4.1 Interim Applications/Motions | 1526 |
4.2 Early Judgment Applications | 1526 |
4.3 Dispositive Motions | 1526 |
4.4 Requirements for Interested Parties to Join a Lawsuit | 1526 |
4.5 Applications for Security for Defendant’s Costs | 1526 |
4.6 Costs of Interim Applications/Motions | 1527 |
4.7 Application/Motion Timeframe | 1527 |
5. Discovery | 1527 |
5.1 Discovery and Civil Cases | 1527 |
5.2 Discovery and Third Parties | 1527 |
5.3 Discovery in This Jurisdiction | 1527 |
5.4 Alternatives to Discovery Mechanisms | 1527 |
5.5 Legal Privilege | 1528 |
5.6 Rules Disallowing Disclosure of a Document | 1528 |
6. Injunctive Relief | 1528 |
6.1 Circumstances of Injunctive Relief | 1528 |
6.2 Arrangements for Obtaining Urgent Injunctive Relief | 1529 |
6.3 Availability of Injunctive Relief on an Ex Parte Basis | 1529 |
6.4 Liability for Damages for the Applicant | 1529 |
6.5 Respondent’s Worldwide Assets and Injunctive Relief | 1529 |
6.6 Third Parties and Injunctive Relief | 1529 |
6.7 Consequences of a Respondent’s Non-compliance | 1529 |
7. Trials and Hearings | 1530 |
7.1 Trial Proceedings | 1530 |
7.2 Case Management Hearings | 1530 |
7.3 Jury Trials in Civil Cases | 1531 |
7.4 Rules That Govern Admission of Evidence | 1531 |
7.5 Expert Testimony | 1531 |
7.6 Extent to Which Hearings Are Open to the Public | 1532 |
7.7 Level of Intervention by a Judge | 1532 |
7.8 General Timeframes for Proceedings | 1532 |
8. Settlement | 1532 |
8.1 Court Approval | 1532 |
8.2 Settlement of Lawsuits and Confidentiality | 1533 |
8.3 Enforcement of Settlement Agreements | 1533 |
8.4 Setting Aside Settlement Agreements | 1533 |
9. Damages and Judgment | 1533 |
9.1 Awards Available to the Successful Litigant | 1533 |
9.2 Rules Regarding Damages | 1534 |
9.3 Pre-judgment and Post-judgment Interest | 1534 |
9.4 Enforcement Mechanisms of a Domestic Judgment | 1534 |
9.5 Enforcement of a Judgment From a Foreign Country | 1535 |
10. Appeal | 1535 |
10.1 Levels of Appeal or Review to a Litigation | 1535 |
10.2 Rules Concerning Appeals of Judgments | 1535 |
10.3 Procedure for Taking an Appeal | 1536 |
10.4 Issues Considered by the Appeal Court at an Appeal | 1536 |
10.5 Court-Imposed Conditions on Granting an Appeal | 1537 |
10.6 Powers of the Appellate Court After an Appeal Hearing | 1537 |
11. Costs | 1538 |
11.1 Responsibility for Paying the Costs of Litigation | 1538 |
11.2 Factors Considered When Awarding Costs | 1538 |
11.3 Interest Awarded on Costs | 1538 |
12. Alternative Dispute Resolution (ADR) | 1538 |
12.1 Views of ADR Within the Country | 1538 |
12.2 ADR Within the Legal System | 1538 |
12.3 ADR Institutions | 1539 |
13. Arbitration | 1539 |
13.1 Laws Regarding the Conduct of Arbitration | 1539 |
13.2 Subject Matters Not Referred to Arbitration | 1539 |
13.3 Circumstances to Challenge an Arbitral Award | 1540 |
13.4 Procedure for Enforcing Domestic and Foreign Arbitration | 1540 |
14. Outlook | 1540 |
14.1 Proposals for Dispute Resolution Reform | 1540 |
14.2 Growth Areas | 1540 |
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