Litigation 2017

Last verified on Friday 3rd March 2017

Peru

Luis Alberto Linan Arana, Fernando Rodríguez Angobaldo, Adolfo Román Abram and Enrique Varsi Rospigliosi
Estudio Rodriguez Angobaldo Abogados
  1. 1.

    Outline the court system in your jurisdiction.

  2. The Peruvian judicial system, as a unique system, rules the whole country and is headed by a branch of government called the Judicial Branch (Judiciary). This system is structured hierarchically, where the highest authority is the Supreme Court. For jurisdictional purposes, Peru is divided into 33 judicial districts. The Peruvian judicial system is structured as follows:

    • the Supreme Court based in Lima, the capital of Peru, is the highest court. This court has specialised courts in civil law, criminal law, constitutional law and labour law. Also, each chamber is made up of five supreme judges. Currently, there are seven chambers, four of which are provisional and have been created in order to meet the existing caseload;
    • superior courts are ranked second in the hierarchy of legal jurisdiction. Each judicial district in the country has its own superior court. These courts have specialised courts dealing with civil law, criminal law, constitutional law, labour law, commercial law, family law and administrative law disputes. Each chamber is composed of three judges;
    • the specialised judge is ranked third in the hierarchy of legal jurisdiction and is located in major cities in the country and composed of one single judge in each. These specialised judges are concerned with matters concerning civil law, criminal law, constitutional law, labour law, commercial law, family law and administrative law disputes;
    • the professional peace judge is ranked fourth in the hierarchy of legal jurisdiction and is located in major cities in the country and is composed by one single judge in each. The professional peace judge is in charge of low economic value cases, among other minor issues. Moreover, this judge is not divided by subject matter, so the judge has jurisdiction over several matters; and
    • peace courts are ranked fifth in the hierarchy of legal jurisdiction and are located in cities with lower populations. These courts are made up of one judge who may not have the status of lawyer. The judge is in charge of minimum economic value cases. Further, these courts are not divided by subject matter, so that the judge has jurisdiction over several matters. Generally, these courts are based in remote areas of the country.
  3. 2.

    What remedies are available to a local entity or resident that is in a dispute with a foreign entity? Do the laws provide foreign entities the same rights afforded to local entities? Are there laws requiring foreign entities to post a bond or other security before they can defend a suit?

  4. Local and foreign entities have the same rights; the laws make no distinction. In Peru, access to justice is free, the only necessity is the payment of court fees related to the judicial proceedings, which must be equally paid by local and foreign entities. 

  5. 3.

    What is the process by which a foreign entity may challenge the jurisdiction or venue of the; court where litigation is filed? What factors are considered when a court evaluates whether; to exercise jurisdiction over a foreign entity?

  6. Where the objective is to undermine the jurisdiction of a judge, Procedural Law provides two mechanisms: excepción de incompetencia’ and contienda de competencia.

    These mechanisms can be submitted depending on whether the request is addressed to a judge considered not to have jurisdiction over the matter (excepción de incompetencia) or whether it is addressed to the judge considered to have jurisdiction over the matter (contienda de competencia). A Peruvian judge has jurisdiction over a proceeding related to a foreign entity in the following cases:

    • legal proceedings related to real property rights when the such property is located in Peru;
    • legal proceedings regarding obligations that must be executed in Peru or have been generated from instances that took place in Peru or agreements signed on Peruvian territory; and 
    • when parties have submitted expressly or tacitly to the Peruvian jurisdiction.
  7. 4.

    What is the most common type of litigation encountered in your jurisdiction by foreign entities?

  8. The majority of these litigations are related to contracts, such as nullity or breach of contract. In such cases, parties ask the court to render ineffective the contract or the payment of the indemnity. In some cases, parties ask the court for both. Also, in labour proceedings, workers may ask the court for the payment of their social benefits.

  9. 5.

    How frequently do parties pursue criminal actions in the context of commercial disputes? May criminal trial evidence be adduced in follow-on civil litigation? May civil cases be brought concurrently or after criminal litigation?

  10. Regarding commercial matters, parties may adduce to criminal courts in cases of breach of contracts or non-payment. In the first case, parties usually seek to invoke for embezzlement and non-payment is established as a crime by Peruvian law. Criminal trial evidence can be adduced in follow-on civil litigation and vice versa. Also, civil and criminal litigation can be brought simultaneously.

  11. 6.

    Is there a right to a trial by jury in a commercial dispute?

  12. No, the legal concept of a jury does not exist in the Peruvian judicial system.

  13. 7.

    Do courts require or strongly encourage mediation or other alternative dispute resolution methods before or during a litigation proceeding?

  14. In Peru, it is mandatory to initiate a prior conciliation procedure (before commencing a civil procedure), which is mediated by people that are not part of the Judicial Branch, who have been trained to mediate and have authorisation from the Ministry of Justice. This prior conciliation procedure can be led by the peace court judge.

    The conciliation carried out in a judicial process is voluntary. 

    The judge’s power to firmly expedite the prior conciliation is discretionary.

  15. 8.

    Will choice of law and choice of forum provisions in a contract be recognised?

  16. Yes, parties can freely choose the jurisdiction where the judicial process shall take place (territorial jurisdiction). It can be agreed through a written agreement, usually, a provision of a contract or tacitly when the defendant is before a judge whose territorial jurisdiction is different to where he or she belongs, as long as the defendant does not undermine the jurisdiction within the deadline mandated by law or submits to the law.

    Further, in all kinds of contracts, Peruvian law allows the parties to freely choose the law that will rule the contract. Thus, is possible that when one of the parties is not a Peruvian resident, the parties may choose a foreign law as the law that will rule the contract.

  17. 9.

    Does your jurisdiction have a specific arbitration law? Are arbitration awards enforced by the courts? May courts enjoin/prohibit arbitration proceedings in matters that are also pending in a court proceeding?

  18. In Peru, arbitration has constitutional status and is considered as an alternative jurisdiction to that of the Judicial Branch. There is an Arbitration Law that regulates arbitration procedures. 

    Arbitration awards have the same legal force as a judicial decision, therefore, they are mandatory for judges, who must enforce them without analysing the content. According to the Arbitration Law, the arbitrators themselves can also execute their awards, but only if coercion (use of force) is not required; otherwise, the Judicial Branch must enforce the award.

    If both parties have agreed to settle their disputes by arbitration and despite the agreement, they commence a judicial process, there are procedural mechanisms to end the trial.

    If there is a pending arbitration procedure, only the arbitrators can determine their jurisdiction.

    The Arbitration Law prohibits certain matters to be solved by arbitration, such as taxes, family disputes and constitutional disputes, among others.

  19. 10.

    Do the courts recognise attorney-client privilege? If so, is the privilege applicable to in-house lawyers?

  20. Yes, the courts recognise attorney–client privilege, which also applies to in-house lawyers. The violation of this privilege implies civil and criminal liability of the attorney.

  21. 11.

    Are legal proceedings public? In other words, can the general public observe hearings and review the filings of the parties?

  22. Yes, as a general rule, hearings are open to the general public, which is a jurisdictional guarantee, therefore, parties can attend the hearings; however, there are exceptions in matters related to personal intimacy, public order, national security and other similar cases. The documents contained in the filings are not public, only both parties and their attorneys have access to the documents.

  23. 12.

    May a defendant join other potentially liable parties to the existing lawsuit?

  24. It is possible, however, the defendant must demonstrate an interest in the process and that the decision could have a direct or indirect impact on him or her. Their intervention depends on the status of the lawsuit. Also, the defendant shall have the legal status of a third party.

  25. 13.

    How may a party enforce a foreign judgment?

  26. It is possible to enforce a foreign judgment in Peru. For this purpose it is necessary to follow a procedure before the Superior Court from the domicile of the person against whom the judgment will be enforced. The court will consider whether the foreign judgment is compatible with domestic law and treaties, if they exist, signed with the state from which the judgment comes from. If the foreign judgment is found to conform, the judge shall authorise the enforcement of the judgment in the Peruvian jurisdiction.

  27. 14.

    How is service of process effected?

  28. According the Peruvian Civil Code of Procedures, the service of process is a procedural act whose main effect is to inform the parties about the judge's decisions and documents filed by the other party. In addition, the term to accomplish any judge's mandate runs from the notification date. 

  29. 15.

    How much time does a party have to answer a complaint? Can a party extend this time?

  30. The period of time to answer a complaint will depend on the nature of the claim and the process. According to our procedure legislation, the term varies from five, 10 to 30 working days. It should be noted that terms cannot be extended.

  31. 16.

    What types of pretrial proceedings are available in court? What kinds of dispositive motions can be filed before trial? Under what circumstances may a lawsuit be dismissed prior to trial?

  32. Before the plaintiff files a claim, he or she must begin an extrajudicial conciliation in order to reach a settlement with the other party. There are some issues that are excluded from extrajudicial conciliation, for example: the action of annulment, some family issues, etc.

    The defendant is allow to file a motion based on the lack of subject matter jurisdiction, the prescription of the legal action, etc. Both parties are able to file a motion in order to question the validity of the evidence filed to court.

    A judge is able to dismiss a lawsuit if he or she notices a procedural flaw without the motion of the parties.  

  33. 17.

    How long does it take to obtain a first-instance judgment in a typical commercial litigation case?

  34. The period of time will depend mainly on the nature of the conflict, the number of parties involved, the complaints that occur and, mainly, the case overload of the judge in charge of the process. Based on these criteria, a first-instance judgment in a typical commercial litigation case may take approximately 12 to 18 months.

  35. 18.

    Is a party required to submit all facts, arguments and supporting evidence with its initial pleading?

  36. Yes, in civil and commercial matters, it is necessary to submit all facts, arguments and supporting evidence, as well as the factual and legal arguments, with the initial pleading. Exceptionally, parties may be able to submit evidence after the initial pleading where a party discovers new facts that did not exist at the beginning of the proceeding.

  37. 19.

    Does litigation provide a process for investigating claims or right to discovery of evidence prior to trial?

  38. Peruvian procedural law allows parties to obtain evidence prior to a trial through a legal procedure called advance test. In virtue of this procedure, parties may request from future defendants or third parties the exhibition of documents and testimonies. Likewise, parties may request expert witness testimony or the judge to analyse facts that will be the subject of litigation. The reasons for this advanced request are related to evidence that may be destroyed or cease to exist.

    However, this procedure is not similar to the discovery of common law.

  39. 20.

    Does litigation provide a process to subpoena or obtain documents or testimony from third parties?

  40. It is possible to subpoena third parties as witnesses to provide their testimony to the judge about facts related to the conflict. Assisting as a witness is mandatory, otherwise, the judge can order the arrest of the witness, so that he or she can be brought to court. Regarding the documents, there is evidence called exhibition, by which the third party and the counterparty are required to submit to the court the requested documents, otherwise the judge may levy a fine.

  41. 21.

    Does the judge or opposing counsel examine witnesses?

  42. Yes, the judge or opposing counsel can directly examine witnesses.

  43. 22.

    How may evidence be challenged? Are there specific rules of evidence?

  44. In accordance with Peruvian civil-commercial procedural law, the evidence must be submitted with the initial pleading. In the case of the plaintiff, with the response to the initial pleading and in the case of the defendant, once both parties have been notified with the decision that admits the initial pleading and the response to it. During a limited period of time, both parties can challenge the submitted evidence through reproach (or opposition. Also, parties can plead bias of witnesses, invalidation or falsification of documents, or the inability of validation of any of the evidence.

  45. 23.

    Do courts typically allow hearings at or before a trial? At what stage may parties present expert witness testimony?

  46. Hearings are held within the trial. The expert witness testimony must be submitted at the beginning of the trial.

  47. 24.

    What must be demonstrated to collect a debt based on a written instrument?

  48. The plaintiff only has to demonstrate the existence of the debt on the basis of written documents. Further, the defendant has the burden of proof that the debt has been paid or is extinguished.

  49. 25.

    What remedies are available in your jurisdiction to a minority shareholder of a corporation in a dispute with the corporation or the majority shareholders?

  50. The law governing the subject allows shareholders, and interested third parties, to challenge shareholder agreements that violate the law or the company’s by-laws. Similarly, the law allows for a group of shareholders, who represent more than 20 per cent of the share capital, to request, through injunctive relief, the temporary suspension of the challenged agreement.

  51. 26.

    What rights are available in the courts for someone holding a maritime lien interest in a vessel?

  52. It is possible to commence a judicial procedure in order to request the judicial sale of the real estate before the judge of first level, before appraisal.

  53. 27.

    What rights are available for a party holding a security interest in real property and personal property? Are there expedited proceedings to allow the recovery of property serving as security for debt obligations?

  54. Yes, Peruvian law regulates the process known as Single Process of Execution, which is a process that seeks to obtain the attachment of the property through a judicial sale. In this process, the origin of the debt is not in dispute as it is assumed that it exists (since it is accredited with documents to which the law assigns certainty) and the debtor has a limited defence since he or she can only base the defence on merely formal arguments or showing that the debt has been paid or is extinguished.

  55. 28.

    Describe the types of employment disputes that frequently result in litigation.

  56. The most frequent disputes in labour matters are the payment of employee benefits, nullity of unlawful dismissals, fulfilment of collective agreements and payment of indemnity for occupational diseases, among others.

  57. 29.

    Does your jurisdiction allow class actions or some form of collective litigation proceeding?

  58. Collective litigation or its variants are not regulated in Peruvian legislation. However, there are procedural rules that allow collective actions related to undefined interests.

  59. 30.

    Do government-owned or controlled entities enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation?

  60. Government entities, when engaging in commercial activity, must abide by the same rules as any other party. For procedural matters, the government entities do not have any privileges before either the courts or administrative authorities.

  61. 31.

    Do foreign states or entities controlled or owned by foreign states enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation in your jurisdiction (state immunity)?

  62. Foreign states or entities do not enjoy any kind of privilege in any case. The have the same rights and liabilities than Peruvian entities. 

  63. 32.

    Is injunctive or other relief available on an emergency basis?

  64. Yes, Peruvian procedural law regulates injunctive relief. It is possible for a judge to grant an injunction, even before starting a process, to a certain situation as a precaution to ensure the effectiveness of the judgment that shall be issued.

  65. 33.

    Is injunctive relief available as part of a final award? If so, in what types of cases do courts usually provide injunctive relief?

  66. Injunctive relief, whether before a judicial or arbitration court, is requested and granted before the judgment or award is issued, since its purpose is to ensure effectiveness of the decision. The following circumstances must be proved:

    • the possibility that the claimed right will be protected, which must be based on evidence;
    • the expected time for the judgment or award to be issued causes damage to the applicant; and
    • the correlation between the injunctive relief and the matter of the process. 

    For the injunction to be executed, another requirement must be met, which is to provide a surety to guarantee any damages that may be caused to the defendant, in case the applicant of the injunction does not have the right invoked. 

  67. 34.

    What are the typical court fees and costs required to file a civil lawsuit?

  68. For every lawsuit, court fees on behalf of offering evidence must be paid. Court fees range between US$12 and US$160, depending on the amount and the matter of the claim. Additionally, attorney fees are freely agreed between the parties; the Bar of each judicial district establishes a maximum amount of fees that must be respected by attorneys.

    Further, there are higher court fees as a consequence of the elevated economic value of the procedures.

  69. 35.

    Is a bond required for a non-resident? What is the amount of the bond?

  70. No bonds are required for non-resident parties.

  71. 36.

    What types of damages are available? How are damages quantified? Are punitive damages available?

  72. Peruvian civil law recognises that the victim of damages must be compensated with the aim of placing the victim in a situation similar to before the harmful event. In accordance with Peruvian legislation, no punitive damages are available. Damages that can be compensated are quantified in three categories: general damage; lost profits; and moral damage. These damages shall be quantified according to the judge’s criteria, always related to the evidence offered by the victim. Solely proven damages shall be compensated. 

    For this purpose, the economic situation of the defendant is not taken into consideration; the "deep pocket theory" is not allowed.

  73. 37.

    Is the losing party liable for the prevailing party?

  74. The judge determines whether the fees and costs of the prevailing party’s attorneys must be paid by the losing party. The decision is based on whether the losing party had defence arguments and is also based on the losing party’s behaviour at the trial. Where a payment order is issued regarding the attorney’s fees, such payment is determined by the judge and does not necessarily mean the total amount of the prevailing party’s attorney’s fees and costs.

  75. 38.

    Will courts enforce a liquidated damages provision in a contract?

  76. Yes, courts will enforce a liquidated damages provision in a contract.

  77. 39.

    What is the appeal process against trial court decisions?

  78. Once the decision is issued, the aggrieved party can challenge the judgment though an appeal in which the aggrieved party must claim that the judgment contains errors. The superior hierarchical authority is in charge of the appeal, and is confined to analyse the appeal and whether the challenged judgment has been issued according to law, the facts and the submitted evidence to the process.

  79. 40.

    How frequently do appellate courts reverse trial court decisions?

  80. It is difficult to precisely say how often appellate courts reverse trial court decisions; this depends on each judge and the court’s criteria. We can affirm that if the judgment contains a procedural flaw or defects in the trial court’s content, these defects will be detected by the superior hierarchical authority, and this will change the judgment.

  81. 41.

    May the courts entertain challenges to administrative decisions made by federal or local governments? If so, how frequently do courts reverse administrative decisions in favour of a private party?

  82. Judges have the power to revise administrative decisions issued at last instance, at the request of one of the parties through a procedure called Law on Contentious Administrative Proceedings (Proceso Contencioso Administrativo). Usually, judges affirm the decisions issued by administrative authorities, unless they contain defects that justify their nullity.

  83. 42.

    How are trade secrets protected in judicial proceedings?

  84. Arbitration proceedings are subject to confidentiality rules and parties are not allowed to disclose information regarding the process. In judicial proceedings there are no rules that forbid the parties to disclose information; however, if deemed necessary, any party can request the judge to issue an order so that his or her counterparty does not disclose certain information regarding the process.

  85. 43.

    Are settlement agreements confidential? Must the parties’ settlement agreement be certified by the court?

  86. Yes, arrangements between the parties, both transactions and settlements, are confidential between the parties. These arrangements must be approved by the judge or the court so that they can bring the trial to an end.

  87. 44.

    Who has the burden of proof at trial? What is the burden?

  88. According to the procedural legislation, the burden of proof lies with the party who states a fact; in this sense, usually the plaintiff must prove the facts. The defendant must present proof only if he or she alleges different facts from the ones mentioned in the claim.

  89. 45.

    What are the most significant recent developments regarding judicial reform? Is any proposed legislation likely to affect the civil litigation market?

  90. Currently, in terms of legislation, the state is seeking to improve the efficiency of the service of justice in general. For civil-commercial matters, there are two reform bills, the first one is related to electronic mail notification and the second is related to electronic judicial sale. Both reform bills seek to incorporate technology in the service of justice, which will make the processes faster. There are also several draft bills of which one is related to the appeal with the purpose of making it more efficient. In general, no bill will adversely affect the civil-commercial proceedings; on the contrary, they tend to improve them.

  91. 46.

    Describe any recent noteworthy litigation and arbitral cases.

  92. This case concerns a property and possession of an area of ​​56,000m2 (valued at approximately US$90 million), located in the most populous part of Lima District, which is uniquely placed to be one of the largest shopping centres in Peru.

    The defendant was an institution dedicated to organising soccer championships, and as part of its strategy of defence, claimed that it only held possession in an area of 200m2 (which were its offices) and not the entire piece of land, including soccer fields, which could be used freely by anyone.

    This argument was accepted by the first-level judge, who in a first judgment rejected the plaintiff’s demand, alleging that the defendant only possessed an area of ​​200m2.

    In the second instance and during appeal, the Superior Court of Justice, following the line of argument, annulled the judgment of first instance, indicating that the area of possession of the defendant had not been adequately limited, nor had the type of activity that the defendant performed (organisation of soccer championships) and the characteristics of the field that that surrounded its management office been taken into account.

    On forwarding the case to the first instance, the judge ordered a judicial inspection of the complete area, in which he found not only the administrative office, but soccer fields in perfect condition for the natural use of an institution dedicated to the organisation of soccer championships.

    Finally, the judge of first instance issued a new judgment declaring he found integrally for the plaintiff, recognising it as owner of 56,000m2 and ordered the defendant to restore the entire area in the plaintiff’s favour. At this point, the judge concluded that a global appreciation of the area allowed him to describe the administrative headquarters, sports venues surrounding it and the main activity of the defendant, and based on that, concluded that the possession of the defendant included the entire 56,000m2.

    With regard to the possession exercised by a fair and a circus, which were observed in the judicial inspection, the court notes that these fairs are temporary, and therefore the kind of possession they exercise is not enough to delegitimise the possession of the defendant or its demand.

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Questions

  1. 1.

    Outline the court system in your jurisdiction.


  2. 2.

    What remedies are available to a local entity or resident that is in a dispute with a foreign entity? Do the laws provide foreign entities the same rights afforded to local entities? Are there laws requiring foreign entities to post a bond or other security before they can defend a suit?


  3. 3.

    What is the process by which a foreign entity may challenge the jurisdiction or venue of the; court where litigation is filed? What factors are considered when a court evaluates whether; to exercise jurisdiction over a foreign entity?


  4. 4.

    What is the most common type of litigation encountered in your jurisdiction by foreign entities?


  5. 5.

    How frequently do parties pursue criminal actions in the context of commercial disputes? May criminal trial evidence be adduced in follow-on civil litigation? May civil cases be brought concurrently or after criminal litigation?


  6. 6.

    Is there a right to a trial by jury in a commercial dispute?


  7. 7.

    Do courts require or strongly encourage mediation or other alternative dispute resolution methods before or during a litigation proceeding?


  8. 8.

    Will choice of law and choice of forum provisions in a contract be recognised?


  9. 9.

    Does your jurisdiction have a specific arbitration law? Are arbitration awards enforced by the courts? May courts enjoin/prohibit arbitration proceedings in matters that are also pending in a court proceeding?


  10. 10.

    Do the courts recognise attorney-client privilege? If so, is the privilege applicable to in-house lawyers?


  11. 11.

    Are legal proceedings public? In other words, can the general public observe hearings and review the filings of the parties?


  12. 12.

    May a defendant join other potentially liable parties to the existing lawsuit?


  13. 13.

    How may a party enforce a foreign judgment?


  14. 14.

    How is service of process effected?


  15. 15.

    How much time does a party have to answer a complaint? Can a party extend this time?


  16. 16.

    What types of pretrial proceedings are available in court? What kinds of dispositive motions can be filed before trial? Under what circumstances may a lawsuit be dismissed prior to trial?


  17. 17.

    How long does it take to obtain a first-instance judgment in a typical commercial litigation case?


  18. 18.

    Is a party required to submit all facts, arguments and supporting evidence with its initial pleading?


  19. 19.

    Does litigation provide a process for investigating claims or right to discovery of evidence prior to trial?


  20. 20.

    Does litigation provide a process to subpoena or obtain documents or testimony from third parties?


  21. 21.

    Does the judge or opposing counsel examine witnesses?


  22. 22.

    How may evidence be challenged? Are there specific rules of evidence?


  23. 23.

    Do courts typically allow hearings at or before a trial? At what stage may parties present expert witness testimony?


  24. 24.

    What must be demonstrated to collect a debt based on a written instrument?


  25. 25.

    What remedies are available in your jurisdiction to a minority shareholder of a corporation in a dispute with the corporation or the majority shareholders?


  26. 26.

    What rights are available in the courts for someone holding a maritime lien interest in a vessel?


  27. 27.

    What rights are available for a party holding a security interest in real property and personal property? Are there expedited proceedings to allow the recovery of property serving as security for debt obligations?


  28. 28.

    Describe the types of employment disputes that frequently result in litigation.


  29. 29.

    Does your jurisdiction allow class actions or some form of collective litigation proceeding?


  30. 30.

    Do government-owned or controlled entities enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation?


  31. 31.

    Do foreign states or entities controlled or owned by foreign states enjoy any privilege when they are engaged in commercial activity and involved in a commercial or administrative litigation in your jurisdiction (state immunity)?

  32. 32.

    Is injunctive or other relief available on an emergency basis?


  33. 33.

    Is injunctive relief available as part of a final award? If so, in what types of cases do courts usually provide injunctive relief?


  34. 34.

    What are the typical court fees and costs required to file a civil lawsuit?


  35. 35.

    Is a bond required for a non-resident? What is the amount of the bond?


  36. 36.

    What types of damages are available? How are damages quantified? Are punitive damages available?


  37. 37.

    Is the losing party liable for the prevailing party?


  38. 38.

    Will courts enforce a liquidated damages provision in a contract?


  39. 39.

    What is the appeal process against trial court decisions?


  40. 40.

    How frequently do appellate courts reverse trial court decisions?


  41. 41.

    May the courts entertain challenges to administrative decisions made by federal or local governments? If so, how frequently do courts reverse administrative decisions in favour of a private party?


  42. 42.

    How are trade secrets protected in judicial proceedings?


  43. 43.

    Are settlement agreements confidential? Must the parties’ settlement agreement be certified by the court?


  44. 44.

    Who has the burden of proof at trial? What is the burden?


  45. 45.

    What are the most significant recent developments regarding judicial reform? Is any proposed legislation likely to affect the civil litigation market?


  46. 46.

    Describe any recent noteworthy litigation and arbitral cases.


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