Litigation Edited by Evan R Chesler and Timothy G Cameron Cravath, Swaine & Moore LLP

CHAMBERS Legal Practice Guides

2014 Chambers Legal Practice Guides For more than 20 years, Chambers Legal Guides have ranked lawyers and law firms across the world. Chambers now offer clients a new series of Legal Practice Guides, which contain practical guidance on doing legal business in key jurisdictions. We use our knowledge of the world’s best lawyers to select leading law firms in each jurisdiction to write the ‘Law & Practice’ sections. In addition, the ‘Trends & Developments’ sections analyse trends and developments in local legal markets. The ‘Doing Business In’ sections, based on the views of clients with in-depth international experience, contain hard-won knowledge about typi- cal local problems and how to overcome them – information usually missing from official guides.

Disclaimer: The information in this guide is provided for general reference only, not as specific legal advice. Views expressed by the authors are not necessarily the views of the law firms in which they practise. For specific legal advice, a lawyer should be consulted.

Publisher Michael Chambers Series Editor Claire Oxborrow Business Development Director Brad Sirott Editorial Contributions Monica Fuertes-Britez

Orders to: Chambers & Partners Publishing Published by Chambers & Partners Publishing (a division of Orbach & Chambers Ltd)

39 Parker Street, London WC2B 5PQ Tel +44 20 7606 8844 Fax +44 20 7831 5662 Web www.chambersandpartners.com

our editorial team...... p.5

Idntro uction...... p.17

ALBANIA ...... Doing Business In...... p.25 Law & Practice...... p.29

AUT S RALIA...... Doing Business In...... p.41 Trends & Developments: The Bar...... p.45 Trends & Developments...... p.48 Law & Practice...... p.52

AUT S RIA...... Doing Business In...... p.74 .Law & Practice...... p.75

BELGIUM...... Doing Business In...... p.93 .Law & Practice...... p.97

BOLIVIA...... Doing Business In...... p.119 .Trends & Developments...... p.122 .Law & Practice...... p.126

BAR ZIL...... Doing Business In...... p.137 .Trends & Developments...... p.141 .Law & Practice...... p.145

BI R TISH VIRGIN ISLANDS...... Doing Business In...... p.161 .Trends & Developments...... p.164 .Law & Practice...... p.168

B ULGAria...... Doing Business In...... p.181 .Law & Practice...... p.185

C AnaDA...... Doing Business In...... p.199 .Law & Practice...... p.203

CMNAY A ISLANDS...... Doing Business In...... p.225 .Law & Practice...... p.228

CH Ile...... Doing Business In...... p.245 .Trends & Developments...... p.249 .Law & Practice...... p.252

CHINA...... Doing Business In...... p.271 .Law & Practice...... p.276 CH R Ina FI MS BASED IN HONG KONG...... Doing Business In...... p.305 .Law & Practice...... p.310

COB LoM IA...... Doing Business In...... p.329 .Law & Practice...... p.333

1 Contents

CYPRUS...... Doing Business In...... p.353 .Law & Practice...... p.357

DRENMA K...... Doing Business In...... p.371 .Law & Practice...... p.375

DOM N IniCA REPUBLIC...... Doing Business In...... p.395 .Trends & Developments...... p.399 .Law & Practice...... p.403

EQUADOR...... Doing Business In...... p.425 .Law & Practice...... p.429

F InlanD...... Doing Business In...... p.443 .Law & Practice...... p.446

FNRA CE...... Doing Business In...... p.463 .Law & Practice...... p.467

GERMANY...... Doing Business In...... p.485 .Law & Practice...... p.490

G ReeCE...... Doing Business In...... p.507 .Law & Practice...... p.511

ICELAND...... Doing Business In...... p.527 .Law & Practice...... p.531

INDIA...... Doing Business In...... p.547 .Trends & Developments...... p.550 .Law & Practice...... p.553

IRELAND...... Doing Business In...... p.569 .Law & Practice...... p.573

INSLE OF MA ...... Doing Business In...... p.593 .Law & Practice...... p.596

ISRAEL...... Doing Business In...... p.617 .Law & Practice...... p.620

I Taly ...... Doing Business In...... p.633 .Law & Practice...... p.637

jan pa ...... Doing Business In...... p.661 .Law & Practice...... p.665

jersey...... Doing Business In...... p.683 .Law & Practice...... p.686

JORDAN...... Doing Business In...... p.707 .Law & Practice...... p.710

2 Contents

ktazakHs an...... Doing Business In...... p.723 .Law & Practice...... p.727 kne ya...... Doing Business In...... p.747 .Law & Practice...... p.751 ltEicHTens ein...... Doing Business In...... p.777 .Law & Practice...... p.781 luxebo m urg...... Doing Business In...... p.795 .Law & Practice...... p.799 mali...... Doing Business In...... p.813 .Law & Practice...... p.816 mu auriti s...... Doing Business In...... p.829 .Law & Practice...... p.832

M ExiCO...... Doing Business In...... p.843 .Trends & Developments...... p.847 .Law & Practice...... p.851

MOZB AM IQUE...... Doing Business In...... p.863 .Law & Practice...... p.865

NE THErlanDS...... Doing Business In...... p.875 .Law & Practice...... p.879

NI GEria...... Doing Business In...... p.903 .Law & Practice...... p.907

NORWAY...... Doing Business In...... p.925 .Law & Practice...... p.929

PTAKIS AN...... Doing Business In...... p.947 .Law & Practice...... p.950

P AnaMA...... Doing Business In...... p.969 .Law & Practice...... p.972

PAPUA NEW GUINEA...... Doing Business In...... p.983 .Trends & Developments...... p.987 .Law & Practice...... p.991

POL RTUGA ...... Doing Business In...... p.1009 .Law & Practice...... p.1013

P UERTO RICO...... Doing Business In...... p.1035 .Law & Practice...... p.1039

ROMANIA...... Doing Business In...... p.1049 .Trends & Developments...... p.1053 .Law & Practice...... p.1059

3 Contents

RUA SSI ...... Doing Business In...... p.1069 .Trends & Developments...... p.1072 .Law & Practice...... p.1077

RNWA DA...... Doing Business In...... p.1091 .Law & Practice...... p.1094

SAUDI ARABIA...... Doing Business In...... p.1105 .Law & Practice...... p.1109

S EneGAL...... Doing Business In...... p.1123 .Law & Practice...... p.1126

SNEI GAPOR ...... Doing Business In...... p.1135 .Law & Practice...... p.1139

SVLO ENIA...... Doing Business In...... p.1153 .Law & Practice...... p.1157

SOUTH KOREA...... Doing Business In...... p.1173 .Trends & Developments...... p.1177 .Law & Practice...... p.1181

SOUTH SUDAN...... Doing Business In...... p.1197 .Law & Practice...... p.1198

SPAIN...... Doing Business In...... p.1215 .Trends & Developments...... p.1220 .Law & Practice...... p.1224

SWN EDE ...... Doing Business In...... p.1247 .Law & Practice...... p.1251

SW ITZErlanD...... Doing Business In...... p.1263 .Trends & Developments...... p.1266 .Law & Practice...... p.1271

TURKEY...... Doing Business In...... p.1285 .Trends & Developments...... p.1290 .Law & Practice...... p.1293

UK...... Doing Business In...... p.1311 .Law & Practice...... p.1315

UNITED ARAB EMIRATES...... Doing Business In...... p.1335 .Law & Practice...... p.1339

USA...... Doing Business In...... p.1359 .Law & Practice...... p.1363

ZBAM IA...... Doing Business In...... p.1381 .Law & Practice...... p.1384

4 Our Editorial Team Our Editorial Team

Here you can see our editors, deputy editors and researchers. They are all currently (May 2014) working full-time at our head office in central London. More biographical information can be found on the ‘About Us’ page of our website.

The Editors

The Editors are responsible for the overall content of their guides and for managing the research team.

Rieta Ghosh Jonathan Rubin Claire Oxborrow Publishing Director. Editor-in-Chief. Grad- Editor, Legal Practice Graduated in Ancient uated with Honours in Guides. Graduated History at Durham Law from the Univer- with a First in Mod- University. Former Cli- sity of Kent in 2006. ern History from the ent Information Man- Completed the LPC University of St An- ager with a European market research at BPP College in London. Quali- drews in 2005. During postgraduate agency. Previously worked at a leading fied as a solicitor in 2009, training studies at the LSE she worked as a business advisory company. with a top American firm in London visiting lecturer at the University of and Dubai. Recently completed an Roehampton. After completing the LLM in Law and Political Justice at GDL and the LPC she spent time as Birkbeck College, University of Lon- a volunteer at the Brunel Museum. don.

Alex Marsh Antony Cooke Edward Shum Managing Editor, Student Editor. Grad- Editor for Africa, Chambers Confidential. uated from Durham Canada, the Middle Graduated with a First University in Russian East, Caribbean and in English Literature & French. Taught Global-wide sections. from Manchester Uni- English at St. Peters- Studied Law at Mag- versity. Also has an MA with Dis- burg State University. Previously dalene College, Cambridge. Previ- tinction in Contemporary Literature worked at Michelin, and at Pricewa- ously worked at a South London and Novel Writing. Has previously terhouseCoopers as an audit associ- law firm. worked as a researcher with a City ate in Investment Management. Flu- Georgia Brooks headhunting firm and at a business ent in Russian and French. knowledge centre. Europe Editor. Gradu- Dee Sekar ated with an MA in Andrés Jaramillo Editor, Women in Ancient History from Mejía Law. Studied Law UCL and a BA Hons in Latin America Edi- (LLB) at Queen Mary Classics from the Uni- tor. Graduated in Law College, University versity of Warwick. Previously worked from the Pontificia of London, and com- in marketing and as a freelance Universidad Javeriana pleted the Legal Practice Course at translator and travel writer. Speaks in Bogotá, Colombia, and holds a BPP Law School. Trained at a City Arabic, French and Italian. Masters (LLM) Cum Laude in Euro- firm and worked as a Project Finance pean Intellectual Property Law from solicitor. Also has a background in Stockholm University. He is a quali- events and international marketing. fied lawyer in Colombia, with significant experience in media, entertain- ment and intellectual property law.

6 Our Editorial Team

The Editors continued

Gregory Simkins James Cowdell and an MA in Middle Eastern Studies Assistant Publisher. UK Bar Editor. Bar- from the School of Oriental and Af- Graduated with a de- rister. Read Modern rican Studies, University of London. gree in English from History at The Queen’s Has studied French, Arabic, Spanish Cambridge University College, Oxford. Prac- and Turkish. before obtaining a dis- tised at the Criminal Shi-Ning Koay tinction for his Masters in Postmod- Bar for five years and was a fee earner ern Literature at Royal Holloway. in the family department of a leading Asia-Pacific Editor. Previously worked as an English tu- London law firm. Graduated in Law tor in Moscow and Dubai. from the University of Jamie Horne Manchester. Complet- Ignacio Abella UK Editor. Graduated ed the Bar Vocational Editor In-house. BA in 2008 from Emma- Course and was subsequently called (Hons) English, Uni- nuel College, Cam- to the Bar in 2005. Trained with a versidad de Oriente, bridge, with an hon- leading Malaysian law firm and was Cuba. Bilingual in ours degree in History. called to the Malaysian Bar in 2006. English and Spanish. Laura Mills Stephen Wallace Extensive experience in market research, translation/interpretation, and USA Editor. Graduat- Editor, Chambers social media. ed with a BA in Histo- Confidential. Gradu- ry and Middle Eastern ated in Law from the Studies from the Uni- University of Kent at versity of Pittsburgh Canterbury in 2006.

The Deputy Editors The Deputy Editors work with the Researchers and the Editors to ensure the rankings and commentary are a true reflection of the market.

Bryony Hirsch Deborah Lewis Georgina Watts UK Deputy Editor. UK Deputy Editor. UK Deputy Editor. Graduated with an Graduated from the Read Classics at The honours degree in University of Notting- Queen’s College, Ox- History from the Uni- ham in 2009 with a BA ford. Completed the versity of York. Com- in Law with Australian GDL at The City Law pleted a GDL at the College of Law Law after spending a year abroad at School as a Lincoln’s Inn Bar scholar. in York and an LPC at the College of the University of Melbourne. Subse- Law in Bloomsbury. quently completed an MA in Media Graham Gilbert Practice from the University of Sydney. Client Research Team Christopher Teevan Leader. Graduated in USA Deputy Editor. Francesca Lean Ancient History from Graduated from the Europe Deputy Edi- University of Exeter University of Warwick tor. Graduated from in 2010. Subsequently in 2006 with Honours Newcastle University converted to law by undertaking the in English Literature. in 2008 with a BA in GDL at City, where he also took the Also holds an MA in Creative Writ- French and German, Bar exams. ing from Royal Holloway, University with Spanish. Has previously worked of London. in multilingual financial recruitment. Speaks French and German.

7 Our Editorial Team

The Deputy Editors continued

Harriet Carter Kimberley Staines Michael Perkin Global Deputy Edi- USA Deputy Edi- USA Deputy Editor. tor. Graduated with a tor. Graduated with a Graduated in English First in English from BA in English Litera- Language and Linguis- the University of York. ture, Film & Theatre tics from the Universi- Completed an MA in from the University ty of Sheffield. Worked Aberystwyth and a PhD in Creative of Reading, before completing the as a journalist for Hayters Press and Critical Writing at the Univer- Graduate Diploma in Law and Legal Agency and has had copy printed in sity of East Anglia. Taught English Practice Course at BPP Law School. a number of national newspapers, in- literature and creative writing at both cluding The Daily Telegraph and the school and undergraduate level, and Leila Afshar Mail on Sunday. has written two novels. Latin America Deputy Editor. Graduated in Nicolás Obregón Jane Pasquali Law from King’s Col- Fox USA Deputy Editor. lege London; holds an Latin America Dep- Graduated with a First MSc in Development uty Editor. Studied in Spanish and Italian and Anthropology from the London literature in Madrid from Exeter University School of Economics. before gaining sub- in 2007. Has lived and stantial journalistic experience with Lucy Craig taught in Madrid and Barcelona, and a market-leading consumer maga- worked for three years in a financial Europe Deputy Editor. zine. Worked for three years as a re- spreadbetting company in London. Graduated from the searcher/writer for a travel magazine. Awarded a PGCE with Distinction University of Oxford Speaks fluent Spanish and intermedi- in Primary Education and Spanish in 2011 with a BA in ate French. in 2011. French and German. Previously taught English as a for- Peter Whitfield Joanna Haber eign language in Germany. Speaks USA Deputy Editor. Global Deputy Editor. French and German, and is currently Gained an MA with Graduated in Public learning Russian. Oversees research Distinction in Phi- Affairs and Manage- in Germany. losophy at Birkbeck ment and Interna- College, University of tional Development Madalena Andrade London, and is currently working to- from Carleton University in Canada Latin America Deputy wards a research degree in the subject and holds a Postgraduate Diploma in Editor. Graduated at the same institution. Previously Journalism from the London School in English Literature earned a BA in English Literature of Journalism. Speaks French. with Publishing from from the University of Newcastle- Loughborough Uni- upon-Tyne. Jon Comlay versity. Previous experience includes UK Bar Deputy Editor. teaching English as a foreign lan- Phil Roe Graduated in History guage and translating. Madalena is a Chambers Associate from the University of Portuguese national. Deputy Editor. Joined York in 2005. Chambers & Partners Mayeni Jones in 2007 from a global Global Deputy Edi- executive search firm, Katherine Yu tor. Graduated from where he advised private equity Europe Deputy Edi- the School of Oriental clients. Graduated with an MA in tor. Graduated with an and African Studies English from Oxford University, and MA in International (SOAS) in Interna- is a theatre critic for London-based Relations and Modern tional Studies and Diplomacy. Also newspapers in his free time. History from the Uni- has a BA in Modern Languages from versity of St Andrews in 2009. Pre- the University of Oxford. Has worked Sam Morris viously worked in local government for humanitarian organisations in Student/Associate before completing the GDL at the Brazil and Sierra Leone. Fluent in Deputy Editor. Gradu- College of Law. Speaks Shanghainese. French, Portuguese and Spanish. ated from the Uni- versity of Leiden, The Netherlands, with a

8 Our Editorial Team

The Deputy Editors continued

First in Political Science in 2008 and Simon Christian ERASMUS scholar in Paris and Va- from the London School of Econom- UK Deputy Editor. lencia. Completed the GDL and the ics with an MSc in Comparative Poli- Studied Law at Univer- LPC. Fluent in Mandarin and native tics in 2009. Has worked for Dutch sity College London Cantonese speaker. Ministry of Foreign Affairs. Speaks and called to the Bar at William Robertson Dutch and German. the Middle Temple. Europe Deputy Editor. Sara Veale Stefan Corre Graduated from Not- Student/Associate USA Deputy Editor. tingham University Deputy Editor. Gradu- Graduated from Leeds with a BA (Hons) in ated Magna Cum University with a de- Geography in 2012. Laude from Univer- gree in Philosophy. Previously a section editor for Notting- sity of North Carolina Attended the College ham University magazine Impact. at Charlotte with degrees in English of Law in London and worked as a Yvonne Berman and Dance; recently completed MA solicitor in the West End of London. in English at University College Lon- Asia-Pacific Deputy Steven Preston Editor. Having com- don. She is a published poet and free- UK Deputy Editor. lances as a literary critic. pleted a law degree Graduated from Uni- (at the University of versity College Lon- Sarah Kogan North London) be- don with an LLB. Asia-Pacific Deputy Ed- came a member of the Bar of Eng- itor. Graduated from land and Wales (non-practising) and Oxford University in spent several years in industry and 2004 with a degree in Timothy Shaw private practice in IP, specialising in English Language & Asia-Pacific Deputytrade marks and copyright. Literature. Worked in the television Editor. Graduated with industry as a Researcher and Associ- a BA (Hons) in French ate Producer. Completed the GDL in and Spanish from Uni- 2011 at the College of Law. versity College Lon- don in 2010 and spent a year as an

The Assistant Editors and Senior Researchers The Assistant Editors and Senior Researchers are responsible for interviewing clients and lawyers and for assisting with the rankings and commentary.

Alexis Hercules holds a Master’s degree from Uni- Ben McCarthy Confidential Assistant versidad Antonio de Nebrija and an Student/Associate Sen- Editor. Graduated with MBA in Marketing from University ior Researcher.Gradu- a BA in Writing with of Wales, Cardiff Institute. Fluent in ated from the Univer- English Literature and English and a native Spanish speaker. sity of Reading with a Cultural History from First in History; also Liverpool John Moores University, Anna Winter presented a paper at the International an MA in Periodical Journalism from Student/Associate Children of War Conference in 2011. The University of Westminster, and Senior Researcher. Writes for a film review site in his an MA in English Literature from Graduated with a BA spare time. Queen Mary, University of London. in English Literature from Balliol College, Claudia Solaro Angela Castillo-Diaz Oxford. Took journalism qualifica- Confidential Senior Latin America Sen- tions following internships at The Resarcher. Graduated ior Assistant Editor. Observer and The New Statesman with a First in French Graduated in Journal- magazine. and Classics from the ism from Universidad University of Reading. Central de Venezuela; Fluent in French and Italian.

9 Our Editorial Team

The Assistant Editors and Senior Researchers continued

David Watson Hannah Campaigne at BPP Law School. Has worked as a Asia Senior Research- UK/USA Assistant Edi- freelance researcher and writer. er. Has a BA in Mod- tor. Graduated from the Jamie Yule ern History from Ke- University of Sheffield ble College, Oxford, in 2009 with a BA in Europe Senior Re- an MA in War Studies Politics and Philoso- searcher. Graduated from King’s College, London, and phy, then completed the GDL at BPP with a degree in law over 20 years’ experience researching in Manchester. Taught English in In- from Oxford. Also military historical matters for a Min- dia, and spent time living in France. holds an LLM with istry of Defence Agency. Distinction from Dundee University. Indy Tsang Joe Twomey Eleanor Bramall UK/US Assistant Edi- Legal Practice Guides tor. Graduated from Europe Senior Re- Assistant Editor. Gradu- Regent’s Park College, searcher. Graduated with ated with a BA in Law Oxford, with a degree a degree in Modern from Magdalen Col- in English Literature. Languages (French) lege, Oxford. Previously Was active in student drama and from New College, worked in immigration at the Home writes fiction in her spare time. Oxford. Previously taught English Office. as a foreign language in Paris, and Jack Torbet worked for a book supply company Fiona Wong Asia Senior Research- on tender bids in Africa. Confidential Senior er. Graduated with an Jurgita Researcher. Holds a BA LLB (Hons) in Law Meskauskaite (First) and an MPhil and French Language in English from the from the University of Europe Assistant Edi- Chinese University of Glasgow. Holds an LLM from SOAS tor. Graduated with an Hong Kong, and a PhD in English and in Human Rights, Conflict and Jus- MA in Development Comparative Literary Studies from the tice. Spent a year studying Interna- Management from the University of Warwick. Has been writ- tional Law at the Université de Stras- University of Westminster in 2007. ing for publishing companies and an bourg in France. Previously worked as a business jour- online magazine. Speaks Cantonese nalist in Lithuania and freelanced Jack Watkins and Mandarin. in London. Fluent in Russian and Student/Associate Lithuanian. Francois Gill Senior Researcher. Katherine Hughes UK Assistant Edi- Graduated with a BA tor. Graduated with a Honours degree in Europe Assistant Edi- First in History from History from the Uni- tor. Graduated from University College versity of Sheffield in 2010. the University of Leeds London in 2006. Went in 2007 with a First Jacob Moffatt on to complete a Master’s in the sub- in Latin and Italian. ject at UCL. Speaks French. Global Senior Re- Previously worked as a tour guide in searcher. Graduated Rome. Speaks Italian. with a BA in Philoso- Giverny Tattersfield Kielan Thompson Practice Guides Senior phy in 2011 and an MA in Social and Po- Confidential Assistant Researcher. Graduated Editor. Graduated with a BA in English litical Philosophy from the Univer- sity of Exeter in 2012. with a BA (First) in Literature from the History and English in University of Cam- James Booth 2007, before complet- bridge. Recently worked as an editor UK/USA Senior Re- ing an MRes in Russian Literature and travel writer. searcher. Graduated from the University of Keele in 2009. from the University of Manchester with a BA in History and completed the Graduate Diploma in Law

10 Our Editorial Team

The Assistant Editors and Senior Researchers continued

Kim Addison Spanish and French. Oversees re- Samantha Steele Europe Senior Re- search in Spain and Portugal. Asia Senior Researcher. searcher. Graduated Graduated from the Paul Rance in English Studies University of Oxford from the University of Student/Associate As- with a BA in Jurispru- Leicester in 2009. Cur- sistant Editor. Gradu- dence. Has taught Eng- rently studying the GDL at BPP Law ated from Exeter Uni- lish in Australia and New Zealand. School. Speaks French. versity with a First in English Literature, Shuma Hoque Mandeep Sran and also spent a year abroad at the Europe Senior Re- UK/US Senior Re- University of Toronto to read Cana- searcher. Holds a law searcher. Graduated in dian Literature. Completed an MA in degree and most re- Law from the School English at UCL in 2010. cently worked in Spain of Oriental and African where she completed Raquel Holzmann Studies (SOAS) at the her legal studies at Universidad University of London, and completed Latin America Assis- Complutense de Madrid. the Legal Practice Course at Notting- tant Editor. Graduated Stella Heng ham Law School. Qualified as a solici- from UCL with a de- tor in 2009 specialising in litigation. gree in European So- Global Assistant Edi- cial and Political Stud- tor. Graduated in Law Matthew Adams ies with French. Previously worked from London School UK/USA Assistant for the NHS and taught English as a of Economics. Com- Editor. Has a DPhil in foreign language in Brazil. pleted Bar Vocational English from Merton Course at the College of Law and Richard Metcalf College, Oxford. called to the Bar in 2010. Fluent in Europe Assistant Edi- English and French; also speaks Ma- tor. Graduated with lay. Matthew James a First in German Europe Assistant Edi- and Italian from the Talia Addleman tor. Graduated from University of Bath in Europe Assistant Edi- Newcastle University 2008 and holds an MA in Transla- tor. Graduated from with a First in History tion Studies from the University of the University of Bir- in 2008. Has previous- Warwick. Speaks French, German mingham in 2008 with ly worked in an IP firm in Australia and Italian. a BA in Ancient and and an investment bank. Medieval History. Has completed the Rosie Seville GDL and LPC at the College of Law. Miriam Urgelles-Coll Global Senior Re- Oversees research in Ireland and Europe Senior Re- searcher. Graduated Scandinavia. searcher. Graduated with a First in Chinese with an MA in Compu- and French from the Tobias Waters tational Linguistics be- University of Leeds in Asia Senior Research- fore completing a PhD 2012, and also studied at National er. Graduated from in Theoretical Linguistics, both from Taiwan University. University of Kent Essex University. with a BA in English Rupert Wilson and American Litera- Natalia Tejedor Sanz UK/USA Senior Re- ture, and also holds an MA in Eng- Europe Assistant Editor. searcher. Graduated lish Literary Studies from the Univer- Graduated in English from Trinity College, sity of Durham. Has lived, studied and Studies from the Uni- Cambridge, in 2010 worked in the United States and Japan. versity of Valladolid, with a BA (Hons) in and holds a Postgrad- History. Has since studied the GDL uate Certificate in Research Training and BPTC at City Law School, London. from the University of Hull. Speaks

11 Our Editorial Team

The Researchers The Researchers are responsible for interviewing clients and lawyers, and for assembling the data needed for the rankings and commentary.

Adam Squibbs Antonia-Joy Akoto Charles Davies Graduated from the Graduated with a BA Graduated in 2011 University of Cam- in English from Peter- with a Master’s degree bridge in 2013 with a house, Cambridge, in in Modern Languages BA in Law. 2013, with a focus on (French and Spanish) art in literature. from the University of Manchester. Aileen Devlin Ben Nickson Graduated in Law Graduated with a BA Charles Scherer from Corpus Christi, in English Literature Studied Ancient His- Cambridge in 2013; from Cambridge Uni- tory at the University spent 2011/12 study- versity in 2007, and of Bristol, and has pre- ing Law at La Univer- has recently completed viously worked as a sidad Autonoma de Madrid. a GDL with BPP College in Bristol. copywriter. Has also worked in the Civil Service, Alastair Stewart as a freelance copy-editor and writer, Chloe Kite Graduated from Edin- and in music production. Graduated with a LLB burgh and UCL in law, in Law from the Lon- where he focused on Carlota Garcia-Patel don School of Eco- international law and Graduated from nomics. Has spent was an editor of the Queen Mary, Univer- time in China both UCL Jurisprudence Review. Member sity Of London, with working and studying Mandarin. of the Bar of New York. Speaks fluent a BA in Hispanic Stud- Chris Nicholson Spanish and basic French. ies and Portuguese. Studied abroad in both Spain and Completed BA and Alexia Aradipiotis Portugal. MA degrees in History Graduated from the at UCL, where he also University of Notting- Catherine Treherne- submitted his PhD in ham in 2012 with a Thomas History. Has co-edited degree in English and Graduated from King’s two books on Central and Eastern subsequently com- College London with Europe, and served on the editorial pleted her GDL at BPP Law School. a BA in Hispanic boards of two academic journals. Speaks fluent Modern Greek. Studies. Spent a year abroad teaching English in Madrid. Daniel Coyne Alice Saville Fluent in Spanish. Graduated with a BSc Graduated from Ox- Cesare Omissi (Hons) in Internation- ford University with a Graduated with a BA al Relations from the First in English, then (Hons) in Ancient and University of South- completed an MA in Modern History from ampton, and has since Medieval and Renais- Corpus Christi Col- gained experience across a broad sance Studies at UCL. Also writes lege, Oxford, in 2010. range of media and communications theatre criticism and features for sev- Has previously worked in private roles. eral arts publications. practice in the field of intellectual Daniel O’Donoghue property, specialising in trade mark Alistair Faiers Graduated in 2012 matters throughout the world. Graduated in 2012 from Trinity Hall, from the University Cambridge with a BA of Warwick with a BA in Law. Completed in English and Latin the Bar Professional Literature. Writes and Training Course at Kaplan Law directs plays for his theatre company School and was called to the Bar by in his spare time. the Inner Temple in 2013.

12 Our Editorial Team

The Researchers continued

Danielle Vidigal bean Colonial History. Also com- Emilia Halton- Holds a bachelor’s de- pleted the Graduate Diploma in Law Hernandez gree in Cinema. Has (Commendation) at the University of Graduated in 2013 worked for the main Law, Bloomsbury in 2013. from the University broadcasting company Eden Palmer- of Warwick with a BA in Brazil and as an in- O’Connor in History. Has also terpreter for the NHS. Speaks Por- spent some time studying Philoso- Graduated from The tuguese and Spanish, and is learning phy and Literature at the Universidad University of Leeds German. Complutense in Madrid, and at UC with a 2:1 in Chinese Berkeley. Has previously interned at David Greaves Studies. Has spent the British Council and a number of Graduated in English time working in China. publishers. and Creative Writing from the University of Elaine Allaby Emily Rainbow Warwick before ob- Graduated with a BA Graduated with a BA taining an MLitt (Dis- in English Literature (Hons) in English tinction) in Creative Writing from from Warwick Univer- and Spanish from The the University of Glasgow. Speaks sity in 2011. Has lived, Queen’s College, Ox- Spanish. studied and worked in ford, in 2013. Spent a year teaching English in Costa Rica Dennis Li Nepal and India. and Argentina. Graduated with an MA (Merit) in Pub- Eleanor Burt lishing from Univer- Graduated with a BA Emma Roche sity College London. (Hons) in History Graduated with an Has considerable edit- from University Col- LLB (Law) from King’s ing and project management experi- lege London in 2011, College London and ence in publishing. Native Mandarin specialising in London an MSc in National- speaker and also speaks German. history. Went on to complete the ism/European and International Politics from the Uni- Diana Statham GDL and LPC, finishing in 2013. versity of Edinburgh. Holds an NCTJ Graduated with a BA Elizabeth Court qualification in journalism from (Hons) in Russian and Graduated with a BA the University of Strathclyde and French from Mur- (Hons) in English has worked as a print and broadcast ray Edwards College, from the University of journalist for six years in Belfast and Cambridge, in 2013. Cambridge and stud- London. Speaks French. Spent one year at the St. Petersburg ied the GDL at BPP State Conservatory. Studying the cello. Law School (Distinction). Previously Felipe Goralski Dimitra Tennakoon worked for MasterCard and interned Graduated with a BA (Hons) in Politics Graduated from Wad- at a pharmaceutical company in Ge- from UCL in 2006. ham College, Univer- neva, Switzerland. Previously worked for sity of Oxford, in 2013 a French medical as- with a BA in Modern Ellen Davis-Walker sistance company in London. Studied Languages (Spanish Graduated from the the GDL and LPC at College of Law & Portuguese). Has previously lived University of Cam- and obtained an LLB. Speaks Spanish and worked in Brazil, Argentina and bridge in 2013 with and French. Spain. a BA in Modern and Medieval Languages. Felix Turner Duncan Scott Wrote and blogged on behalf of a Graduated from UCL Graduated from North London arts charity, and now in 2012 with a BA in UCL in 2012 with a sits on the steering committee for a History. Speaks Span- BA (Hons) degree in local film festival in her spare time. ish fluently. History, specificallySpeaks French and Italian. focused on British, American and Carib-

13 Our Editorial Team

The Researchers continued

Georgia Stephens James Pulford Jonathan Karstadt Graduated in 2012 Graduated from the Graduated from the with a BA Hons in University of Man- University of Sheffield Politics and Interna- chester in 2012 with with a BA in Modern tional Relations at the a BA in English Lit- Languages (Russian, University of Sussex. erature and an MA in German and Czech). Worked at the university as a news Creative Writing. Also writes fiction, Has travelled extensively in Europe editor for its weekly newspaper and drama and criticism. and completed a study abroad period previously worked as editor-in-chief in Petrozavodsk, Russia, and a work Jessica Bird of a high school magazine. placement in Vienna, Austria. Graduated from the Georgina Street University of York in Josie Hinton Graduated from the 2013 with a BA (First) Graduated in 2007 with University of Liverpool in English and Related a BA in English Litera- with a degree in Inter- Literature. Has taught ture from the Univer- national Politics and English in Kerala, India, is involved sity of Newcastle upon Policy. Has completed with a number of charity organisa- Tyne before undertak- research and communications-based tions and writes for several online ing an NCTJ Postgraduate Diploma internships with the British Red Cross publications in her spare time. in Newspaper Journalism. Undertook and Giving Africa. the GDL in 2013 after five years spent Jessica Gray working as a reporter for local and Hannah Hill Graduated from UCL national news publications. Graduated in 2013 from with a BA in English the University of Shef- Literature in 2012 and Julian Frazer field with a BA in Ger- an MA in Modern Graduated in 2013 man and Economics. Literature in 2013. from King’s College Spent one year studying Previous work experience includes London with an LLB at the Humboldt-Universität zu Berlin. internships with several publishing in Law. Has previ- companies. ously lived in Hong Harry Dalton Kong, Mexico and Germany, and has Jessica Jacobsen Graduated from the worked in Malta and Shanghai for a University of Notting- Graduated in English global wealth management practice. ham in 2012 with a BA Law and French Law in Politics. Received from the University of Karl Read his NCTJ training quali- Manchester in 2012. Graduated in 2012 fication from the Press Association. This included spend- from Durham Univer- ing a year studying French Law and sity with an LLB. Houman Barekat Language in Lyon, France. Previ- Holds an undergradu- ously worked in legal administration. ate degree in Law and Speaks French and Spanish. Katharina Gunther a Master’s in Modern History, both from Graduated with a Law Joanna Bell Degree from Universi- University College Graduated from the London. ty of Hamburg in 2012 University of Sheffield and a MSc in Interna- Ines Cortesao with a BA in Modern tional Public Policy Graduated from Nova Languages (Spanish, from University College London in University of Lisbon Russian and French). 2013. with a degree in Eng- Has spent time studying abroad in Katy Newson lish and Literature, St Petersburg and at the University of and studied abroad at Salamanca. Graduated from King’s the University of Southampton for College London with one semester. Portuguese is her first an LLB in Law in 2012. language. Went on to complete a Master’s degree at Uni- versity College London in Law specialising in Human Rights Law.

14 Our Editorial Team

The Researchers continued

Kristen McGachey Leslie Jaji Matthew Lewis Originally from Los Graduated in 2013 Graduated from King’s Angeles, CA, moved from King’s College College London in to the UK in 2008 London, with an LLB 2010 with a BA in and graduated from degree in Law. Has Hispanic Studies with the University of Not- previously worked in English and from Uni- tingham in 2011 with a BA degree the public sector and has gained ex- versity College London in 2012 with in English Studies with Philosophy. perience from Internships with law an MA in English Literature. He also Completed her Master’s degree in firms and charities. works as a book and film critic in his Philosophy & Literature at the Uni- free time. versity of Warwick in 2012. Lucy Pether Studied undergraduate Megan Jones Kristina Tailor law at London School Graduated from the Graduated from the of Economics and pre- University of Cam- University of Notting- viously worked for a bridge with a BA ham in 2013 with an legal news website. (Hons) in Law. LLB in Law with Euro- pean Law. Manjinder Toor Quinta Chapman Lara-Jane Ideo Graduated with a BA in English from King’s Graduated from New- Graduated with a castle University in BA (Hons) in Eng- College London, Uni- versity of London. Pre- 2012 with first class lish Literature from honours in Govern- Homerton College, viously worked in Cor- porate IT, Media and Public sectors. ment and European Cambridge. Previ- Union Politics which included one ously interned as a script consultant. Mario Adamou year studying Politics at Mannheim Speaks Italian and French and has Universität, Germany. Went on to lived in both countries. Graduated in July 2013 with a degree in complete the GDL at the University Laura Valdez Law (LLB) from King’s of Law, London. Graduated in English College London. Ramani Rajaratnam Language & Literature Graduated from Not- (European) from the Matthew Grant tingham University University of Leeds Graduated with a BA with a BA (Hons) in in 2013. Spent a year in Spanish and French History in 2011. Re- studying abroad in Valencia and will from Newcastle Uni- cently completed the study the GDL and LPC from Sep- versity and then went GDL at BPP Law School, London. tember 2014 at the University of Law. on to study an MA Rebecca Lodder Laurence Kilpatrick in Professional Translation, also at Graduated from the Newcastle. Has also spent three years Graduated from the University of Exeter teaching English in Mexico. University of Leeds with a BA in English in 2012 with a degree Matthew Juggins in 2013. Has previously in English Literature Has a BA in History & edited and produced a before moving on to Ancient History from student creative arts magazine and in- Pembroke College at the Univer- the University of Ex- terned with several literary agencies. sity of Oxford where he obtained eter, obtained in 2012. a Master’s in Victorian Literature, Ria Pal Has lived, studied and focusing in particular on Dickens Graduated from Uni- worked in Hong Kong, China and and urban space. He is also the sub- versity College Lon- Singapore, and in his spare time is editor of a football publication which don with a BA in a writer and an Artistic Director of he co-founded with a friend. French and Italian. an amateur theatre company he co- Has previously worked founded. as a music journalist and in the fash- ion industry.

15 Our Editorial Team

The Researchers continued

Robert Li Shaun Tey in her cohort. Loves to travel and Graduated in Modern Graduated with an learn about different cultures. Spent Chinese Studies from LLB (Law) from two weeks studying on a scholarship Leeds University, later Queen Mary, Univer- at the University of Kent in Paris and completing the CPE at sity of London and a month exploring central Thailand.. Westminster Univer- subsequently complet- sity. Previously worked in a domain ed the Bar Vocational Course at BPP Toby Eccleshall name management company, help- Law School. Previously worked at the Graduated from the ing clients to manage their intellec- BBC and also briefly worked in Sin- University of Bir- tual property on the internet. Speaks gapore. Enjoys producing reports for mingham with a BA in Mandarin Chinese. community radio in his spare time. German and Russian Studies and subse- Sara Heltai Shereen Zaki quently completed the Graduated with a BA Graduated from King’s GDL at Brunel University. Has previ- (Hons) from UCL in College London with ously worked as an English teacher in European Social and an LLB (Hons) in Law Moscow and enjoys playing the gui- Political Studies with in 2011. Has experi- tar in his spare time. a minor in Italian ence in Competition Language and Culture. Holds a dou- Law and Property Law. Tom Bushnell ble MA degree in Euroculture from Graduated in 2012 Universidad de Deusto and Uniwer- Soffi James from Trinity Hall, sytet Jagiellonski. Previously worked Graduated from the Cambridge with a BA as a campaigner for environmental University of Exeter (Hons) in Law. Then security and human rights in global with a First in English completed the Bar supply chain management. Speaks Literature in 2012, be- Professional Training Course at Ka- Hungarian, English, French and Italian. fore completing a Mas- plan Law School. ters in English Studies with a focus Sehar Rasul on 21st Century Literature. Previous Vian Chowdhury

Graduated from Queen work experience includes PR intern- Graduated in 2011 Mary, University of ships and freelance copywriting. with an MSc in Devel- London, with a BA opment Economics. in Politics. Previously Tiffany Cox Previously lived in In- worked as a project fi- Graduated from the donesia. nance journalist and has also edited University of Kent student magazines. in 2013 with first- class honours in Law (Hons), finishing fifth

16 Introduction Introduction

Introduction Contributed by Cravath, Swaine & Moore LLP

The litigation team at Cravath, Swaine & Moore LLP regularly advises clients on some of the largest and most complex matters pending in courts throughout the United States at both first instance and the appellate level, as well as in domestic and international arbitrations. The group of experienced trial lawyers offers a broad spectrum of expertise that includes antitrust, bankruptcy, corporate governance, general commercial, mergers and acquisitions, securities and intellectual property matters, as well as investigations and white-collar criminal defence. Cravath has an established reputation for representing overseas clients from a range of industries in US litigation and in domestic and international arbitrations.

The authors New York-based chairman of the firmEvan R Chesler wins praise as “one of the pre-em- inent trial lawyers in the country.” He has extensive trial and appellate experience in state and federal courts across the United States and regularly handles business critical litigation across a wide range of practice areas such as general commercial, securities, antitrust and intellectual property. Chesler also represents companies and their management in arbitrations and in connection with government and internal investigations. He has authored numerous articles related to the practice of litigation. Chesler is a fellow of the American College of Trial Lawyers and President of the Dwight Opperman Institute of Judicial Administration. He also teaches an advanced trial practice seminar at New York University School of Law.

Partner Timothy G Cameron offers expertise in a broad range of litigation and arbitration, including in commercial, tax, antitrust and securities matters. He has particular experience representing international clients in federal and state courts in the United States and in domestic and international arbitrations. A New Zealander, Cameron is a board member of the New York International Arbitration Center, and a published author on the subjects of dispute resolution and evidentiary law.

Overview Litigation is becoming increasingly global. It is not unusual to have disputes related to similar issues pending in several different countries, or to be involved in a single dispute fought out in litigation across a number of different jurisdictions. Even though similar – and some- times identical – disputes are being litigated in courts around the world, the law applied in different jurisdictions can vary significantly and greatly affect those claims. Although a detailed inquiry into the differences in the substantive law that governs such claims is beyond the scope of this book, the general structure and operation of a particular country’s legal system can also affect the outcome of a case and play an important part in shaping a client’s global litigation strategy. For that reason, the purpose of this book is to serve as a

19 Introduction

concise and pragmatic guide to some of the key features of different legal systems, in different countries, around the globe. This book features information from practitioners in 64 countries around the world about the operation of the legal systems in their home countries. Their responses, organised by country, follow this introduction. Each chapter provides practical information about key aspects of litigation in a particular country that is relevant to anyone involved in, or consid- ering, litigation there. Inside, you will find information about everything from statutes of limitations and the requirements to commence suit, to how trials and appeals are conducted. You will also find information about topics such as pretrial proceedings in the different countries, whether discovery and dispositive motions are available, and the privileges that are recognised in each jurisdiction. Additionally, this book provides information about how different countries are responding to current trends in litigation, such as representative actions, punitive damages, litigation funding and alternative dispute resolution. In this introduction, we discuss the increasing prevalence of worldwide, multi-jurisdictional litigation, highlighting some of the interesting similarities and differences between legal systems that are revealed in the chapters, and their various approaches to alternative dispute resolution methods, all of which may be relevant when developing a litigation strategy. We also discuss what appears to be an interesting trend of more countries adopting class action litigation procedures.

More Frequent Multi-Jurisdictional Litigation Litigation is alive and well around the world, and the ever-shrinking globe means that disputes can often wind up proceeding in a number of different countries. We expect that multi- jurisdictional litigation will continue to be a key component of some large-scale disputes and, consequently, developing a successful litigation strategy requires an understanding of the different judicial systems to which your client may be subjected. Moreover, multi-jurisdictional cases are expanding. For example, as both physical prod- ucts and technology move more easily and quickly throughout the world, disputes over issues such as intellectual property rights frequently involve litigation in several different countries. Even securities litigation claims – traditionally litigated predominantly in the US – are now more frequently being brought in other countries. While that is, presumably, partly in response to the United States Supreme Court’s decision in Morrison v. National Australia Bank Ltd., 561 U.S. 247 (2010), which limited the ability to bring claims in the United States related to stocks traded on a foreign exchange, it may also be driven partly by the availability of different legal systems to litigate those types of disputes and the advantages and disad- vantages of each.

Varied Legal Systems Around the World Although similar types of disputes are being litigated in many different countries, this book shows that there are a number of significant differences between the legal systems of many of the countries discussed herein. For example, one forum may provide greater confidenti- ality, while another has more open access to court records and proceedings. The chapters

20 Introduction

also reflect significant differences in other ways, such as the use of expert testimony. Some countries permit parties to introduce evidence from their own expert witness while others, like Italy, approach expert testimony differently. There, a judge can appoint an expert to assist him or her in resolving factual issues and the parties can then retain their own experts to comment on and critique the results reached by the judge’s expert. However, there are also many striking similarities across many of the legal systems of the countries surveyed. To take just one example, the chapters reflect that pre-trial discovery is generally quite limited in most of the countries surveyed – the US is an obvious exception, of course – and that, even in jurisdictions that permit pre-trial discovery, taking witness testimony is generally not allowed before trial. Relatedly, and perhaps unsurprisingly, countries without pre-trial discovery generally do not have a procedure for dispositive motions. As litigation becomes increasingly global, we believe that understanding the legal system in which you are litigating – and the similarities and differences between it and those of other countries – is an important part of developing a cohesive, global litigation strategy. Particularly because the outcome of a result in one jurisdiction may affect, whether practi- cally or directly, the outcome of related proceedings in a different country, the stakes may be larger than just the narrow proceedings in one country, and may depend, in some part, on that country’s legal system. The information collected in this book should be a good starting point to better understand those issues.

Increasing Importance of Alternative Dispute Resolution Of course, understanding a country’s legal system also means knowing how it approaches alternative dispute resolution procedures. No book on global litigation would be complete without such information, and the chapters here explain the different ways in which different legal systems use alternative dispute resolution procedures, and the interplay between those procedures and that country’s judicial system. Alternative dispute resolution procedures are, as the chapters in this book reflect, becoming widely used around the world as an efficient alternative to formal litigation. Despite their widespread acceptance, the responses are interesting because they reveal a number of differences between how countries approach alternative dispute resolution methods. Some countries favour arbitration, while mediation is more prevalent in others. Additionally, the procedure for recognising and confirming the results of arbitration or mediation can also differ dramatically between countries, as is reflected in the information about the different jurisdictions featured in this book. Another issue that differs widely between countries is the ability to bring class action lawsuits. This form of litigation is, perhaps, often considered to be closely associated with litigation in the United States. Indeed, the chapters illustrate that many countries, such as Germany and Switzerland, do not generally permit class action lawsuits. And, even in jurisdictions like England and Wales where class actions are available, they are generally not widespread. However, a review of the jurisdictions covered in this book reveals that representative actions are fast becoming part of the law in many different countries. Within the past few

21 Introduction

years, an increasing number of jurisdictions have enacted legislation that permits representative actions and, in some cases, also allows litigation funding by way of contingency arrange- ments. For example, in February 2014, a new law took effect in France that permits certain, narrow types of ‘opt-in’ class actions. Similarly, in 2012, the law in Mexico changed to permit certain types of class action lawsuits. And this procedural device is being used - already, Mexican courts have seen class action lawsuits related to claims arising out of the Deepwater Horizon disaster and oil spill in the Gulf Coast, which may not have been possible before that legislation took effect. In Europe, the Netherlands has a relatively unique law that permits the settlement of certain multi-jurisdictional suits on a class-wide basis. The increasing number of jurisdictions throughout the world that permit class action litigation, and the increasing use of this procedural device, presents a number of interesting strategic issues for litigants to consider. Although the world is becoming ever smaller, as you will see from this book there are still significant differences between the legal systems in different countries. When crafting a global litigation strategy, and particularly when dealing with parallel actions in different jurisdictions, we think it important to understand the similarities and differences between those jurisdictions. We hope that you will find this book a practical and useful starting point in that analysis.