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  • 1.

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

  • 2.

    Litigation market
    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.

    Legal framework
    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.

    Key issues to consider
    What key issues should a party consider before bringing a claim?

  • 5.

    Establishing jurisdiction
    How is jurisdiction established?

  • 6.

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

  • 7.

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

  • 8.

    Initial steps
    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.

    Freezing assets
    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.

    Pre-action conduct requirements
    Are there requirements for pre-action conduct and what are the consequences of non-compliance?

  • 11.

    Other interim relief
    What other forms of interim relief can be sought?

  • 12.

    Alternative dispute resolution
    Does the court require or expect parties to engage in ADR at the pre-action stage or later in the case? What are the consequences of failing to engage in ADR at these stages?

  • 13.

    Claims against natural persons versus corporations
    Are there different considerations for claims against natural persons as opposed to corporations?

  • 14.

    Class actions
    Are any of the considerations different for class actions, multi-party or group litigations?

  • 15.

    Third-party funding
    What restrictions are there on third parties funding the costs of the litigation or agreeing to pay adverse costs?

  • 16.

    Contingency fee arrangements
    Can lawyers act on a contingency fee basis? What options are available? What issues should be considered before entering into an arrangement of this nature?

  • 17.

    Launching claims
    How are claims launched? How are the written pleadings structured, and how long do they tend to be? What documents need to be appended to the pleading?

  • 18.

    Serving claims on foreign parties
    How are claims served on foreign parties?

  • 19.

    Key causes of action
    What are the key causes of action that typically arise in commercial litigation?

  • 20.

    Claim amendments
    Under what circumstances can amendments to claims be made?

  • 21.

    Remedies
    What remedies are available to a claimant in your jurisdiction?

  • 22.

    Recoverable damages
    What damages are recoverable? Are there any particular rules on damages that might make this jurisdiction more favourable than others?

  • 23.

    Early steps available
    What steps are open to a defendant in the early part of a case?

  • 24.

    Defence structure
    How are defences structured, and must they be served within any time limits? What documents need to be appended to the defence?

  • 25.

    Changing defence
    Under what circumstances may a defendant change a defence at a later stage in the proceedings?

  • 26.

    Sharing liability
    How can a defendant establish the passing on or sharing of liability?

  • 27.

    Avoiding trial
    How can a defendant avoid trial?

  • 28.

    Case of no defence
    What happens in the case of a no-show or if no defence is offered?

  • 29.

    Claiming security
    Can a defendant claim security for costs? If so, what form of security can be provided?

  • 30.

    Typical procedural steps
    What is the typical sequence of procedural steps in commercial litigation in this country?

  • 31.

    Bringing in additional parties
    Can additional parties be brought into a case after commencement?

  • 32.

    Consolidating proceedings
    Can proceedings be consolidated or split?

  • 33.

    Court decision making
    How does a court decide if the claims or allegations are proven? What are the elements required to find in favour, and what is the burden of proof?

  • 34.


    How does a court decide what judgments, remedies and orders it will issue?

  • 35.

    Evidence
    How is witness, documentary and expert evidence dealt with?

  • 36.


    How does the court deal with large volumes of commercial or technical evidence?

  • 37.


    Can a witness in your jurisdiction be compelled to give evidence in or to a foreign court? And can a court in your jurisdiction compel a foreign witness to give evidence?

  • 38.


    How is witness and documentary evidence tested up to and during trial? Is cross-examination permitted?

  • 39.

    Time frame
    How long do the proceedings typically last, and in what circumstances can they be expedited?

  • 40.

    Gaining an advantage
    What other steps can a party take during proceedings to achieve tactical advantage in a case?

  • 41.

    Impact of third-party funding
    If third parties are able to fund the costs of the litigation and pay adverse costs, what impact can this have on the case?

  • 42.

    Impact of technology
    What impact is technology having on complex commercial litigation in your jurisdiction?

  • 43.

    Parallel proceedings
    How are parallel proceedings dealt with? What steps can a party take to gain a tactical advantage in these circumstances, and may a party bring private prosecutions?

  • 44.

    Trial conduct
    How is the trial conducted for common types of commercial litigation? How long does the trial typically last?

  • 45.

    Use of juries
    Are jury trials the norm, and can they be denied?

  • 46.

    Confidentiality
    How is confidentiality treated? Can all evidence be publicly accessed? How can sensitive commercial information be protected? Is public access granted to the courts?

  • 47.

    Media interest
    How is media interest dealt with? Is the media ever ordered not to report on certain information?

  • 48.

    Proving claims
    How are monetary claims valued and proved?

  • 49.

    Costs
    How does the court deal with costs? What is the typical structure and length of judgments in complex commercial cases, and are they publicly accessible?

  • 50.

    Appeals
    When can judgments be appealed? How many stages of appeal are there and how long do appeals tend to last?

  • 51.

    Enforceability
    How enforceable internationally are judgments from the courts in your jurisdiction?

  • 52.


    How do the courts in your jurisdiction support the process of enforcing foreign judgments?

  • 53.

    Interesting features
    Are there any particularly interesting features or tactical advantages of litigating in this country not addressed in any of the previous questions?

  • 54.

    Jurisdictional disadvantages
    Are there any particular disadvantages of litigating in your jurisdiction, whether procedural or pragmatic?

  • 55.

    Special considerations
    Are there special considerations to be taken into account when defending a claim in your jurisdiction, that have not been addressed in the previous questions?

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Vavrovsky Heine Marth is a corporate law firm with offices in Vienna and Salzburg. The firm's focus lies on controversy and real estate, its Salzburg office is a go-to address for insolvency and restructuring matters and private client work.

View more information about Vavrovsky Heine Marth Rechtsanwälte GmbH


Vienna
Fleischmarkt 1
1010
Vienna
Austria
T: +43 1 512 03 53
F: +43 1 512 03 53 40
Salzburg
Mozartplatz 4
5020
Salzburg
Austria
T: +43 662 84 95 16
F: +43 662 84 95 16 25


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