Getting the Deal Through: Complex Commercial Litigation 2022

The following In-house Advisor practice note provides comprehensive and up to date legal information covering:

  • Getting the Deal Through: Complex Commercial Litigation 2022
  • Jurisdictions covered
  • Questions

Getting the Deal Through: Complex Commercial Litigation 2022

Jurisdictions covered

The following jurisdictions are covered in this report:

Australia; Bermuda; Brazil; China; Cyprus; Denmark; Gibraltar; India; Japan; Mexico; Netherlands; Romania; Switzerland; United Arab Emirates; United Kingdom - England & Wales; USA

Questions

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

  1. How common is commercial litigation as a method of resolving high-value, complex disputes?

  2. Please describe the culture and ‘market’ for litigation. Do international parties regularly participate in disputes in the court system in your jurisdiction, or do the disputes typically tend to be regional?

  3. What is the legal framework governing commercial litigation? Is your jurisdiction subject to civil code or common law? What practical implications does this have?

  4. What key issues should a party consider before bringing a claim?

  5. How is jurisdiction established?

  6. Res judicata: is preclusion applicable, and if so how?

  7. In what circumstances will the courts apply foreign laws to determine issues being litigated before them?

  8. What initial steps should a claimant consider to ensure that any eventual judgment is satisfied? Can a defendant take steps to make themselves ‘judgment proof’?

  9. When is it appropriate for a claimant to consider obtaining an order freezing a defendant’s assets? What are the preconditions and other considerations?

  10. Are there requirements for pre-action conduct and what are

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