13 Sep 2023

Commercial Litigation and Cross-border Enforcement: Compare

The Commercial Litigation and Cross-border Enforcement Law Over Borders Comparative Guide provides a highly practical and up-to-date overview of the litigation, arbitration and alternative dispute resolution landscape in some of the key international dispute resolution jurisdictions. Written by expert dispute resolution practitioners, the guide covers the key aspects of the civil justice system, procedural issues and how arbitration fits into the wider dispute resolution framework of each jurisdiction. Recognising the commercial reasons why litigants will resort to a formal dispute resolution process, the guide focuses in particular on the enforcement of judgments and awards and the practical and legal obstacles which a party may face when seeking to convert a court or tribunal decision into money. Above all, the information contained in this guide is intended to be accessible and actionable, providing an invaluable resource for anyone looking to navigate the intricacies of the practice of international dispute resolution.

Jurisdictions

Choose the jurisdictions you would like to compare with the questions next.

 

Questions

Choose the questions you would like to compare with the selected jurisdictions.

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  • 1 .  What is the structure and organisation of local courts dealing with commercial claims? What are the main procedural rules governing commercial litigation?
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  • 2 .  What pre-action considerations apply?
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  • 3 .  What are the main alternative dispute resolution (ADR) methods used to settle large commercial disputes?
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  • 4 .  How long, on average, do court proceedings take to reach trial?
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  • 5 .  What disclosure obligations apply? Are parties required to disclose unhelpful documents as well as those on which they rely?
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  • 6 .  Can witnesses be required to attend trial and face cross-examination?
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  • 7 .  What discretion do the courts have in making costs orders?
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  • 8 .  What are the main types of interim remedies available?
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  • 9 .  What approach do the local courts adopt with respect to arbitration? What arbitration law applies and is it based on the UNCITRAL Model Law?
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  • 10 .  Can arbitrators grant interim relief?
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  • 11 .  On what grounds can an arbitration award be appealed?
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  • 12 .  What international conventions and agreements on enforcement of judgments or arbitral awards is your jurisdiction a party to?
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  • 13 .  What types of judgments in commercial matters are enforceable and what types are excluded?
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  • 14 .  What is the process for registration of foreign judgments and arbitral awards?
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  • 15 .  Once the judgment or award is registered, what are the available methods of execution?
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  • 16 .  What interim measures are available pending enforcement?

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