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

Jurisdictions covered

The following 33 jurisdictions are covered in this report:

Australia; Bermuda; Brazil; Canada-Quebec; Cayman Islands; China; Cyprus; Denmark; England & Wales; Germany; Ghana; Greece; Hong Kong; Hungary; India; Ireland; Japan; Kenya; Korea; Liechtenstein; Malta; Netherlands; Nigeria; Norway; Panama; Romania; Russia; Singapore; Sweden; Switzerland; United Arab Emirates; United States-California; United States-Federal Law.

Questions

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

Litigation

• • What is the structure of the civil court system?
• • What is the role of the judge and the jury in civil proceedings?
• • What are the time limits for bringing civil claims?
• • Are there any pre-action considerations the parties should take into account?
• • How are civil proceedings commenced? How and when are the parties to the proceedings notified of their commencement? Do the courts have the capacity to handle their caseload?
• • What is the typical procedure and timetable for a civil claim?
• • Can the parties control the procedure and the timetable?
• • Is there a duty to preserve documents and other evidence pending trial? Must parties share relevant documents (including those unhelpful to their case)?
• • Are any documents privileged? Would advice from an in-house lawyer (whether local or foreign) also be privileged?
• • Do parties exchange written evidence from witnesses and experts prior to trial?
• • How is evidence presented at trial? Do witnesses and experts give oral evidence?
• • What interim remedies are available?
• • What substantive remedies are available?
• • What means of enforcement are available?
• • Are court hearings held in public? Are court documents available to the public?
• • Does the court have power to order costs?
• • Are “no win, no fee” agreements, or other types of contingency or conditional fee arrangements between lawyers and their clients, available to parties? May parties bring proceedings using third-party funding? If so, may the third party take a share of any proceeds of the claim? May a party to litigation share its risk with a third party?
• • Is insurance available to cover all or part of a party’s legal costs?
• • May litigants with similar claims bring a form of collective redress? In what circumstances is this permitted?
• • On what grounds and in what circumstances can the parties appeal? Is there a right of further appeal?
• • What procedures exist for recognition and enforcement of foreign judgments?
• • Are there any procedures for obtaining oral or documentary evidence for use in civil proceedings in other jurisdictions?

Arbitration

• • Is the arbitration law based on the UNCITRAL Model Law?
• • What are the formal requirements for an enforceable arbitration agreement?
• • If the arbitration agreement and any relevant rules are silent on the matter, how many arbitrators will be appointed and how will they be appointed? Are there restrictions on the right to challenge the appointment of an arbitrator?
• • What are the options when choosing an arbitrator or arbitrators?
• • Does the domestic law contain substantive requirements for the procedure to be followed?
• • On what grounds can the court intervene during an arbitration?
• • Do arbitrators have powers to grant interim relief?
• • When and in what form must the award be delivered?
• • On what grounds can an award be appealed to the court?
• • What procedures exist for enforcement of foreign and domestic awards?
• • Can a successful party recover its costs?

Alternative dispute resolution

• • What types of ADR process are commonly used? Is a particular ADR process popular?
• • Is there a requirement for the parties to litigation or arbitration to consider ADR before or during proceedings? Can the court or tribunal compel the parties to participate in an ADR process?

Miscellaneous

• • Are there any particularly interesting features of the dispute resolution system not addressed in any of the previous questions?