Litigation

Chile

Francisco Aninat, Jorge Bofill and Sebastian Yanine
Bofill Escobar Abogados
  1. 1.

    Outline the court system in your jurisdiction.

  2. In Chile, the court system has a hierarchical structure. There are lower ordinary courts, located throughout the country, that exercise jurisdiction on civil and commercial, and criminal matters. There are also lower specialised courts that exercise jurisdiction on labour, family, antitrust, tax and environmental matters, among others. While the most populated areas tend to have different courts with jurisdiction in only one of these matters, courts in more rural locations are less specialised and exercise jurisdiction in more than one matter.

    There are higher courts that are mostly responsiblw for deciding appeals. These consist of 17 Courts of Appeals that decide the majority of the appeals filed against lower courts’ decisions (see question 36) and the Supreme Court that hosts annulment appeals (recursos de casación) filed against decisions of the Courts of Appeals, among other matters. Also, the Supreme Court has, with a few exceptions,  the directive, corrective and economic oversight of all of the courts within the country.

    Finally, outside the judiciary, there is a Constitutional Court, mainly in charge of reviewing the constitutionality of laws.

  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. Available remedies and rights are the same for both local and foreign entities under Chilean law. Typical remedies provided by Chilean law include damages (excluding punitive damages), specific performance, injunctions and declaratory judgments.

    Only the filing of preliminary injunctions require posting a bond, which is required for both local and foreign entities. Otherwise, there are no bonds or other security required to file or defend a suit.

  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. Chilean law does not expressly regulate challenges to the personal jurisdiction of Chilean courts by foreign entities in the context of a commercial or civil litigation. In practice, when sued in Chile, a foreign entity may challenge personal jurisdiction using the procedure to challenge venue, namely, invoking the absence of a registered office or domicile in Chile. This is done through a dilatory plea (motion to dismiss without prejudice), which must be filed before answering the complaint.

  7. 4.

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

  8. There are no statistics on this matter. In our experience, the most common type of litigation relates to breach of contracts and employment issues. Also, there are increasing challenges to mining projects, which by virtue of being normally located in remote locations, end up being heard by less specialised courts that exercise jurisdiction in several matters, including, for example, the property of mining rights (see question 1). 

  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. It is not infrequent for parties involved in a commercial dispute to initiate criminal actions.

    The Code of Criminal Procedure allows the victim to file a civil action against the alleged perpetrator of a crime within the criminal proceeding (Code of Criminal Procedure, article 59). The victim is "the person offended by the crime" (Code of Criminal Procedure, article 108). All other parties involved in the discussion of damages arising out of a crime (ie, alleged liable third parties or alleged persons affected by the crime other than the victim) can only initiate a lawsuit or be sued before a civil court. Civil actions can be filed concurrently or after criminal litigation. In some cases, however, a civil case may be stayed until the criminal litigation is finished if the civil action is based on the existence of the crime or if the decision in the criminal case may have a "notorious" influence on the civil case (Code of Civil Procedure, article 167).

    Evidence in a criminal trial may be used in civil proceedings. In fact, the criminal decision that convicts the defendant may have the effect of res judicata in the civil case (Code of Civil Procedure, article 178).

  11. 6.

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

  12. No. There are no trials by jury under Chilean law.

  13. 7.

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

  14. In most civil and commercial proceedings there is a compulsory conciliation hearing in which the parties can reach a settlement based on proposals made by the judge. Notwithstanding, in practice, judges rarely play an active role in this regard. In fact, judges do not normally encourage mediation or other dispute resolution methods. As a consequence, in most cases, conciliation hearings end up being a mere formality in which the parties do not settle their disputes.

  15. 8.

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

  16. Yes; choice of law and choice of forum provisions in a contract will be recognised as long as they do not contravene Chilean public policy.

  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. Yes, Chile has specific bodies of law regulating arbitration. International arbitration proceedings are governed by Law No. 19,971 on International Commercial Arbitration, an almost exact copy of the 1985 version of the UNCITRAL Model Law. Law No. 19,971 provides that the court, hearing a dispute that is subject to an arbitration agreement, shall refer the parties to arbitration if any of the parties requests it, unless it finds the arbitration agreement is null and void.

    Chilean law does not systematically regulate domestic arbitration, but the Organic Code of Courts and the Code of Civil Procedure contain the provisions governing domestic arbitration.

    Chilean law provides that some matters are not subject to arbitration (eg, alimony and criminal cases, among others), and that others are subject to mandatory arbitration (eg, dispute within a partnership or among members of a corporation). 

    Arbitration awards are enforced by the courts as long as they do not contravene Chilean public policy.

  19. 10.

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

  20. Codes of Civil and Criminal Procedure recognise the right of attorneys not to appear as witnesses in matters involving attorney-client privilege. The Code of Criminal Procedure also protects documents under the control of lawyers from seizures. Although there is no legal provision defining the scope of attorney-client privilege, courts recognise the Ethics Code of the Colegio de Abogados as the applicable standard. The privilege is also applicable to in-house lawyers, as long as Chilean law and jurisprudence have not made distinctions with regard to such lawyers in this matter.

  21. 11.

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

  22. Although, civil and commercial proceedings before lower courts are public, due to their written nature, hearings are an exception and have a limited scope (eg, to interrogate witnesses, to produce documents, to obtain admissions and to appoint court experts). Before higher courts, the proceedings are manly oral, and the public can attend the hearings. The case file is publicly accessible at the courts, and also electronically via the internet, in cases in both lower and higher courts.

  23. 12.

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

  24. Chilean law provides no rule allowing defendants to join other potentially liable parties into an existing lawsuit. A defendant can file a defence arguing that there are other potentially liable parties, but such defence will not have the effect of joining those parties. However, Chilean law provides for a consolidation mechanism that applies, for example, to two or more cases when the decision of one could have res judicata effect on the other.

    Chilean law also provides that a defendant can request that the court give notice of the lawsuit to other potential plaintiffs so they can decide to join the proceedings. If they decline to do so, they will lose their right to sue the defendant for the same reason in the future. In any case, interested third parties can intervene in the proceedings through a third-party intervention mechanism called tercerías.

  25. 13.

    How may a party enforce a foreign judgment?

  26. Unless otherwise provided by an international treaty ratified by Chile, a petition for the recognition of a foreign judgment or arbitral award, must be filed before the Chilean Supreme Court. Once, and if, the Supreme Court grants the exequatur, thus recognising the foreign judgment or award, the enforcement can take place before a lower court.

  27. 15.

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

  28. The time to answer a complaint depends on the applicable proceeding (and the distance between the domicile of the defendant and the location of the court). In an ordinary civil proceeding, which is the default civil proceeding, a party has 15 business days from the date that all defendants have been served with the complaint. In executory or enforcement proceedings or summary proceeding parties have four or five days, respectively, to answer the complaint. The Code of Civil Procedure extends these periods by up to 30 additional days if defendants are served outside the limits of the municipality where the court is located. Sundays and holidays are not considered business days.

  29. 17.

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

  30. A typical civil or commercial case can take around two years before the lower court. If it is a special proceeding, such as an enforcement or summary proceeding, a first-instance judgment can be obtained in less than one year.

  31. 18.

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

  32. Parties are not required to submit all facts, arguments and supporting evidence with their initial pleading.

  33. 19.

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

  34. Litigation in Chile provides a limited opportunity to request the production of documents from the future defendant before filing the lawsuit. The sanction for failing to produce the documents is that the future defendant will lose the right to submit them during the proceeding. Also, future plaintiffs can request that the future defendant or third parties present their testimony before filing the lawsuit if there is a legitimate concern that they will not be able to testify during the proceeding. None of these mechanisms are comparable with pre trial discovery.

  35. 20.

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

  36. In the context of ongoing proceedings, courts can subpoena third parties to produce documents or provide testimony. The parties can request that the court order the arrest of third parties that do not comply with the court’s order. In practice, such drastic sanctions are rarely ordered.

  37. 21.

    Does the judge or opposing counsel examine witnesses?

  38. In civil and commercial proceedings, the law states that witnesses will be personally examined by the judge and that each party has the right to direct questions through the judge. In practice, however, in most cases, judges do not personally examine witnesses, which is done by parties’ counsels.

  39. 22.

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

  40. In civil and commercial proceedings, the Code of Civil Procedure regulates the limited grounds on which to challenge documents submitted by the other party (eg, on the grounds of lack of authenticity or integrity). Documents issued by non-litigating parties will only have probative value if they are validated by the witness testimony of the author. Witnesses can also be challenged on specific grounds established by the same code to ensure their impartiality.

    For most civil and commercial proceedings, Chilean law provides a set of rules that regulate the admissibility of evidence (eg, excluding interested parties or relatives as witnesses) and that establish the requirements to be met for each type of evidence in order to have probative weight to prove facts (ie, a system of prueba legal tasada).

  41. 23.

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

  42. Civil and commercial proceedings before lower courts are written. Therefore, hearings have a limited scope during a proceeding, with the exception of witness examinations, admissions, and hearings on document production (see question 11). However, ex parte communications with judges are not prohibited and not infrequent.

    Chilean law only regulates court-appointed experts. In practice, parties can submit party-appointed expert reports and present the expert as a witness. While some judges would grant probative value to the expert witness testimony and reports, others would simply disregard them as evidence not regulated by the procedural law.

  43. 24.

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

  44. Chilean law lists certain instruments (títulos ejecutivos) that allow a party to collect a debt (without having to argue about the existence of the debt), through an enforcement proceeding if the debt is documented in one of these instruments, is currently enforceable and the amount is liquidated. If these requirements are not met, to collect a debt, it will be necessary to initiate an ordinary proceeding to discuss the existence, amount and the enforceability of the debt.

  45. 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?

  46. The Law of Stock Corporations regulates a derivative action allowing minority shareholders representing at least 5 per cent of the stock and any member of the board of directors to seek compensation for damages on behalf of the corporation (Law of Stock Corporations, article 133 bis). The law also authorises minority shareholders to sue members of the board of directors for a breach of their legal duties that has caused harm to the corporation or shareholders (Law of Stock Corporations, article 41), establishes a right of withdrawal to minority shareholders who oppose certain decisions adopted by the majority (eg, a decision to merge with another corporation, Law of Stock Corporations, article 69) and allows minority shareholders of closed stock corporations representing at least a 20 per cent of the capital stock to request the dissolution of the company on grounds such as serious infringement of the law (Law of Stock Corporations, article 105).

  47. 26.

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

  48. The rights available for someone holding a maritime lien interest in a vessel include the right to receive preferential payment of the secured credit, the right to request the realisation of a public auction in order to sell the vessel and obtain the payment of his or her credit and, in certain circumstances, the right to request attachment of the vessel from third parties in possession of the vessel.

  49. 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?

  50. The rights available will depend upon the type of security interest held by the party. Security interests in real property include mortgages and pledges. Security interests in personal property include joint liability (solidaridad) and bond contracts or guarantees. With regard to mortgages and pledges, the security interest holder has, among other rights, the right to enforce its credit on the real property mortgaged or pledged and to receive preferential payment of the secured credit. With regard to joint liability obligations the creditor can pursue the payment of the total amount of the credit against each and every debtor. Finally, a bond contract gives the right to the creditor to pursue the payment of his or her credit against the third party if the main debtor does not comply with his or her obligation.

    There are some expedited proceedings to allow the recovery of property serving as security for debt obligations. For example, if mortgaged real property is held by a third party, the creditor can request attachment of the collateral or underlying property in order to enforce the obligation through a proceeding called action for dispossession.

  51. 28.

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

  52. The most common employment disputes are related to unlawful or null and void termination and procedures to collect social security contributions. With regard to unlawful termination, the employee sues the employer, arguing that the ground invoked by the employer to dismiss him or her does not apply and, therefore, the employer must pay legal compensation. With regard to nullity of dismissals, the employee requests that the tribunal declare that the dismissal was not legally effective in terminating the employment relationship. Finally, disputes concerning the payment of social security contributions result in litigation when the employer fails to make such contributions to social security institutions.

  53. 29.

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

  54. Chilean law allows some class actions or collective proceedings in the context of litigation relating to consumer protection (Law 19,496 on Consumer Protection), unfair competition (Law 20,169 on Unfair Competition) and quality of construction (DFL 458 on Urbanism and Construction), among others.

  55. 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?

  56. Government-owned or controlled entities do not enjoy any privilege when they are engaged in commercial activity or in a commercial or administrative litigation. The Chilean Constitution states that commercial activities performed by government-owned or controlled entities must be subject to common legislation (the Constitution, article 19 No. 21).

  57. 32.

    Is injunctive or other relief available on an emergency basis?

  58. Parties can request injunctions on an emergency basis during the proceedings or before filing a lawsuit in the context of civil and commercial litigation. If such a preliminary measure is granted, the applicant will be required to file its lawsuit within 30 days or the measure will cease to be in effect and the applicant will be held liable for any damages caused as a consequence of the measure. The Chilean Constitution regulates a special constitutional injunction proceeding that grants emergency relief to parties affected in some of their constitutional rights by either the authority or private parties.

  59. 33.

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

  60. Injunctive relief is available as a part of a final award. This kind of relief is particularly common in awards issued in cases related to unfair competition and trademark infringement.

  61. 34.

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

  62. There are no filing fees. The typical costs relate to court-appointed experts, notification of court orders and hearing transcriptions.

  63. 35.

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

  64. No, a bond is not required for a non-resident.

  65. 36.

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

  66. Under Chilean law, damages include full reparation of the injury suffered by a breach of duty or breach of contract. Injury includes any harm, whether material or moral. Specifically, one can recover the actual loss (the effective damage caused by the wrongful act or the breach of contract), loss of profits (amount of profits the claimant did not make due to the wrongful act or the breach of contract) and moral damages (pain and suffering or non-economic loss). Punitive damages are not available under Chilean law.

    Damages will be quantified by the judge based upon the evidence rendered during the proceeding, unless there are liquidated damages (ie, an amount of damages determined by the parties in the contract).

  67. 37.

    Is the losing party liable for the prevailing party?

  68. In civil and commercial proceedings, parties that have been totally defeated must bear all costs of litigation. The court, however, can determine that each party shall bear its own costs if it considers that the losing party had plausible grounds to litigate (Code of Civil Procedure, article 144).

    It is important to note that the amount of attorneys’ fees determined by courts is normally substantially lower than the actual fees.

  69. 38.

    Will courts enforce a liquidated damages provision in a contract?

  70. Yes, courts will enforce a liquidated damages provision in a contract. However, the law establishes that liquidated damages cannot exceed 100 per cent of the value of the obligation that is secured, cannot exceed the maximum interest rate allowed by law and, regarding the non-pecuniary obligations, the judge will prudently determine if it exceeds the maximum amount taking into account the particular circumstances (Civil Code, article 1544).

  71. 39.

    What is the appeal process against trial court decisions?

  72. Final judgments issued by a lower court are subject to appeal both in their form and on their merits. The appeal must be filed within 10 working days after the decision has been served upon the appealing party. Appeals are decided by the Court of Appeals of the territory where the civil court is located (see question 1) after a hearing in which oral arguments on facts and law can be made by the parties. During the appeal process, the submission of new evidence is very limited by the law, but documentary evidence can be submitted before the hearing without limitations.

    The decision of the Court of Appeals may be challenged through an annulment appeal, which can be only based on infringement of procedural or substantive provision of law.

  73. 40.

    How frequently do appellate courts reverse trial court decisions?

  74. It is not infrequent, but we are not aware of any statistics on the matter. It will rather depend on the quality and merits of the decision.

  75. 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?

  76. Yes, in Chile, courts may entertain challenges to administrative decisions. The Chilean judiciary is independent from the administration, and it is not infrequent to see courts reversing decisions of the administration.

    Administrative decisions issued by national or local governments can be challenged within the administration, or before the courts through several mechanisms, which include:

    • claims for pecuniary damages against the state for wrongful acts or breach of contract, which is governed by general legislation and must be pursued in civil courts;
    • claims against administrative decisions that violate constitutional rights, which can be challenged through a constitutional injunction, which is established by the Constitution to prevent or terminate acts or omissions that violate constitutional rights (eg, it is common practice to challenge an administrative decision that approved an investment project on the ground that such decision violates the right to live in an environment free from pollution); and
    • claims before special tribunals with subject matter jurisdiction over specific matters, such as Environmental Courts, Tax and Custom Courts and Public Hires Court.
  77. 42.

    How are trade secrets protected in judicial proceedings?

  78. The regulation on this matter is not comprehensive. In civil and commercial proceedings, a party can request that the other party or third parties to produce documents during trial only if such documents do not contain secret or confidential information (Code of Civil Procedure, article 349). The Law on Free Competition provides that when producing documents a party may request that the court keep them concealed from third parties or even from the other parties to the litigation (Law Decree 2011, article 22). In addition, the Law on Intellectual Property provides for the protection of trade secrets, allowing a party to seek damages arising out of any violation of trade secrets (Intellectual Property Law, articles 86 to 88 and 106 to 108).

  79. 43.

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

  80. Settlement agreements can be confidential or not depending on the agreement reached by the parties. Some settlement agreements are reached during trial and, thus, are publicly accessible because they form part of the trial’s record. Settlement agreements can also be reached through a contract and they can be confidential if the parties so decide. However, if parties want the settlement agreement to be directly enforceable or executed by a lower court without the need for further proceedings, the agreement must be memorialised in a public deed and will, therefore, be public (see question 22).

    Parties do not need to obtain a certification from the court if the settlement is reached outside the proceedings. As an exception, there are some matters in which settlement agreements need to be approved by a court (eg, family law).

  81. 44.

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

  82. In civil and commercial proceedings, the burden of proving an obligation or its extinction is on the party that alleges it (Civil Code, article 1698). Therefore, each party must prove, according to the rules that assign weight to each type of evidence (see question 20), the facts supporting its allegations. Therefore, the burden of proof lies with the party that makes the allegations, and the legal standard governing whether certain facts are proven is determined by the rules referred to. (Note, however, that there are also specialised evidentiary presumptions throughout the law.) There is no general standard of proof in civil and commercial litigation.

  83. 45.

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

  84. Chile is currently in the process of enacting a new Code of Civil Procedure. This new code, if and when enacted by the Chilean Congress, will put in place new rules regarding civil and commercial litigation. The proposed Code would establish an oral proceeding, faster and more efficient than the written proceeding currently in force which would positively affect the civil ligation market.

  85. 46.

    Describe any recent noteworthy litigation and arbitral cases.

  86. Other than specific cases, there is an increase in the number and prominence of lawsuits (filed by both private parties and by public institutions) that both question the corporate governance of companies (including securities litigation, shareholder litigation and derivative litigation), and stay large investment projects due to legal challenges brought by local communities or environmental groups with regard to environmental issues.

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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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