Litigation 2025

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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