Litigation and enforcement country Q&A tool

Search the Country Q&A in the Dispute Resolution Multi-jurisdictional Guide by question and jurisdiction.

Step 1: Check the boxes to select the questions and the jurisdictions for comparison.
Step 2: Click the "submit" button.
Step 3: Scroll down to view answers and check law stated dates for each jurisdiction.

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Main dispute resolution methods

1. What are the main dispute resolution methods used in your jurisdiction to settle large commercial disputes?
 

Court litigation

Limitation periods

2. What limitation periods apply to bringing a claim and what triggers a limitation period?
 

Court structure

3. What is the structure of the court where large commercial disputes are usually brought? Are certain types of dispute allocated to particular divisions of this court?
 

Rights of audience

4. Which types of lawyers have rights of audience to conduct cases in courts where large commercial disputes are usually brought? What requirements must they meet? Can foreign lawyers conduct cases in these courts?
 

Fees and funding

5. What legal fee structures can be used? Are fees fixed by law?
 
6. How is litigation usually funded? Can third parties fund it? Is insurance available for litigation costs?
 

Court proceedings

7. Are court proceedings confidential or public? If public, are the proceedings or any information kept confidential in certain circumstances?
 
8. Does the court impose any rules on the parties in relation to pre-action conduct? If yes, are there penalties for failing to comply?
 
9. What are the main stages of typical court proceedings?
 

Interim remedies

10. What actions can a party bring for a case to be dismissed before a full trial? On what grounds must such a claim be brought? What is the applicable procedure?
 
11. Can a defendant apply for an order for the claimant to provide security for its costs? If yes, on what grounds?
 
12. What are the rules concerning interim injunctions granted before a full trial?
 
13. What are the rules relating to interim attachment orders to preserve assets pending judgment of a final order (or equivalent)?
 
14. Are any other interim remedies commonly available and obtained?
 

Final remedies

15. What remedies are available at the full trial stage? Are damages just compensatory or can they also be punitive?
 

Evidence

Disclosure

16. What documents must the parties disclose to the other parties and/or the court? Are there any detailed rules governing this procedure?
 

Privileged documents

17. Are any documents privileged? If privilege is not recognised, are there any other rules allowing a party not to disclose a document?
 

Examination of witnesses

18. Do witnesses of fact give oral evidence or do they just submit written evidence? Is there a right to cross-examine witnesses of fact?
 

Third party experts

19. What are the rules in relation to third party experts?
 

Appeals

20. What are the rules concerning appeals of first instance judgments in large commercial disputes?
 

Class actions

21. Are there any mechanisms available for collective redress or class actions?
 

Costs

22. Does the unsuccessful party have to pay the successful party's costs and how does the court usually calculate any costs award? What factors does the court consider when awarding costs?
 
23. Is interest awarded on costs? If yes, how is it calculated?
 

Enforcement of a local judgment

24. What are the procedures to enforce a local judgment in the local courts?
 

Cross-border litigation

25. Do local courts respect the choice of governing law in a contract? If yes, are there any areas of law in your jurisdiction that apply to the contract despite the choice of law?
 
26. Do local courts respect the choice of jurisdiction in a contract? Do local courts claim jurisdiction over a dispute in some circumstances, despite the choice of jurisdiction?
 
27. If a foreign party obtains permission from its local courts to serve proceedings on a party in your jurisdiction, what is the procedure to effect service in your jurisdiction? Is your jurisdiction party to any international agreements affecting this process?
 
28. What is the procedure to take evidence from a witness in your jurisdiction for use in proceedings in another jurisdiction? Is your jurisdiction party to an international convention on this issue?
 

Enforcement of a foreign judgment

29. What are the procedures to enforce a foreign judgment in the local courts?
 

Alternative dispute resolution

30. What are the main alternative dispute resolution (ADR) methods used in your jurisdiction to settle large commercial disputes? Is ADR used more in certain industries? What proportion of large commercial disputes is settled through ADR?
 
31. Does ADR form part of court procedures or does it only apply if the parties agree? Can courts compel the use of ADR?
 
32. How is evidence given in ADR? Can documents produced or admissions made during (or for the purposes of) the ADR later be protected from disclosure by privilege? Is ADR confidential?
 
33. How are costs dealt with in ADR?
 
34. What are the main bodies that offer ADR services in your jurisdiction?
 

Proposals for reform

35. Are there any proposals for dispute resolution reform? Are they likely to come into force?
 
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