Click here to download the Appeals 2019 report, published by Getting the Deal Through.

Jurisdictions covered

The following 13 jurisdictions are covered in this report:

Argentina; Austria; Brazil; Bulgaria; Denmark; Germany; Japan; Philippines; Portugal; Spain; Switzerland; United Kingdom; United States

Questions

The set of questions relating to the topic of appeals and answered by the guide for each jurisdiction covered include:

• • Outline and explain the general structure of your country’s court system as it relates to the commercial appellate process.
• • Are there appellate courts that hear only civil matters?
• • Are appeals from administrative tribunals handled in the same way as appeals from trial courts?
• • Is there a separate appellate bar or other requirement for attorneys to be admitted before appellate courts?
• • If separate jurisdictions exist for particular territorial subdivisions or subject matters, explain their main differences as to commercial appeals.
• • What are the deadlines for filing an appeal in a commercial matter?
• • What are the key steps a litigant must take to commence an appeal?
• • How is the documentation for appeals prepared?
• • In commercial matters, may litigants appeal by right or is appellate review discretionary?
• • Can litigants appeal any ruling from a trial court, or are they limited to appealing only final judgments?
• • In a typical commercial dispute, must a litigant post a bond or provide security to appeal a trial court decision?
• • Are there special provisions for interlocutory appeals?
• • Are there special rules relating to injunctions or stays, whether entered in the trial court or on appeal?
• • If a litigant files an appeal in a commercial dispute, does it stay enforcement of the trial court judgment?
• • On an appeal from a commercial dispute, may the first-level appellate court consider the facts and law anew, or is its power to review limited?
• • If a party is dissatisfied with the outcome of the first-level appeal, is further appeal possible?
• • How long do appeals typically take from application to appeal to a final decision?
• • What is the briefing and argument process like in a typical commercial appeal?
• • Are appeals limited to the evidentiary record that was before the trial court, or can new evidence be introduced on appeal?
• • If litigants uncover new evidence of wrongdoing that they believe altered the outcome of a trial court judgment, can they introduce this evidence on appeal?
• • May parties raise new legal arguments on appeal?
• • What are the rules regarding attorneys’ fees and costs on appeal?
• • Can parties enter into a settlement agreement to vacate the trial court judgment after an appeal has been taken?
• • Are there any limits on settlement once an appeal has been taken?
• • May third parties fund appeals?
• • If litigation funding is permitted in an appeal, must funding sources be disclosed to the court or other parties to the litigation?
• • Must appellate courts in your country write decisions explaining their rulings? Can the courts designate the precedential effect of their decisions?
• • Will the appellate courts in your country consider submissions from non-parties?
• • What are the ordinary forms of relief that can be rendered by an appellate court in a civil dispute?