Can final and interim decisions be appealed? If so, to which court(s) and within what timescale?
Litigation (2nd edition)
The Austrian Code of Civil Procedure provides for two appeal levels. Firstly, to the respective court of appeals and secondly, to the Austrian Supreme Court.
A party may file an ordinary appeal (“Berufung”) against the judgment of a court of first instance within four weeks after said judgment has been served. Depending on which court has decided in the first place, the competent court of appeals is either a regional court or a higher regional court. The opposing party may file a response within four weeks of being served with the appeal.
A party may file a second appeal (“Revision”) against the decision of an appellate court to the Supreme Court within four weeks after service, if a substantial matter is given. This is the case if a substantial question of law, which has not yet been decided by the Supreme Court, is concerned, or if the decision of the appellate court deviates from the Supreme Courts’ existing decision-making practice. Again, the opposing party may respond to this second appeal within four weeks.
In principle, a party may file a complaint (“Rekurs”) or a second complaint (“Revisionsrekurs”) against a court order other than a judgment (“Beschluss”). However, certain court orders can only be contested in conjunction with an appeal against the rendered judgment while some cannot be appealed against at all. Complaints usually have to be filed within 14 days after service. Like second appeals, a second complaint to the Supreme Court is limited to substantial matters.
An interlocutory injunction may be set aside by a complaint or an objection, which has to be filed within 14 days after service.
Other requests for relief from court decisions are known as extraordinary remedies (such as actions for annulment or actions for the reopening of proceedings).
The judgement of a court of first instance can be appealed to the high court. The appeal to the high court must be made no later than 14 days after the day on which the service of judgment is received by the appellant.
If the court issues an order for interim remedies, the obligor may file an objection with the court on the ground that the court erred in determining that the requirements for interim remedies were met at the time of issuance of the order. The said court may uphold, modify, or revoke the order. Basically, no time limitation is placed on the filing of an objection. The court’s decision on the objection may be appealed to the high court. The appeal must be filed no later than 14 days after the day on which such decision is served, and this period cannot be extended. It should be noted that the filing of an objection will not stop the execution of the interim remedies; therefore, it is important to also file a petition to stay the execution of the interim remedies.
The obligor may also ask for the revocation of the interim remedies if (i) the obligee fails to file an action on the merits within a certain time period, (ii) a change of circumstances occurs, or (iii) the interim remedies will cause damages which cannot be compensated, or (iv) other special circumstances exist. The court’s decision on a petition to revoke an interim remedy may be appealed to the high court. The appeal must be filed no later than 14 days after the day on which such judgement is served, and this period cannot be extended.
If the petition for interim remedies is rejected by the court, the obligee may immediately appeal the decision. The appeal must be filed no later than 14 days after the day on which such the obligee is notified of the decision, and this period cannot be extended.
Generally, First Instance Court decisions may be appealed within 30 days from the service of the decision in front of the Court of Appeal.
However, Interim decisions rendered by the First Instance Court which do not end the case may only be appealed at the same time as the final First Instance Court decision.
Interim decisions rendered by the Judge on ex-parte applications for the imposition of interim measures may be appealed within 15 days from the date of the decision.
Basically there two categories of decisions to be rendered by Chinese courts: the judgment, which decide the questions of merits of the case, and the rulings, which deal with the procedural issues.
There are only three kinds of rulings made by Chinese courts that can be appealed, which are rulings of: (1) non-acceptance of a case, (2) objection to jurisdiction, and (3) rejection to hear a case. Where a litigant disagrees with these ruling, the litigant has the right to appeal within 10 days from the date of service of the ruling (30 days will be applied if the party has no domicile in China). Other rulings cannot be appealed and is effective once made.
Foreign judgments rendered by courts in states that are not EU members can be enforced in Romania by a special recognition and enforcement procedure implying a local claim with this object. Throughout this procedure, the Romanian court is not allowed to re-examine the case on the merits, but it can refuse to enforce the judgment if the judgment is contrary to Romanian public policy. Other formal requirements are also requested, such as providing the original foreign judgment apostilled or legalised by the competent foreign authority, as well as proof that the foreign judgment is final and enforceable in the country of origin. It is prohibited to enforce judgements regarding interim attachment orders and judgements temporarily enforceable.
Foreign judgments made by courts of law in the EU are enforced in Romania under the Brussels Regulation. Moreover, the 2007 Lugano Convention and the Hague Convention on Choice of Court Agreements are also applicable in Romania. The party seeking enforcement of the judgment must file an application before the tribunal which has under its jurisdiction the place where the enforcement is to take place.
Interim decisions can be appealed only if they (i) concern an interim injunction or an order for the appointment of an interim receiver (ii) or are absolutely determinative of the rights of the parties. However, the correctness of any interim decision may be challenged in the context of an appeal against the court’s final decision. All final decisions can be appealed as of right (there is no leave requirement).
Appeals against interim decisions must be brought within 14 days from the date of the interim decision. Appeals against final decisions must be brought within 42 days from the date of the final decision. The prescribed periods for bringing appeals may, in exceptional cases, be extended by order of the court.
In Danish law, there is a distinction between appeal (in Danish: anke) and interlocutory appeal (in Danish: kære).
For final decisions in the first instance, the principal rule is that the decision can be appealed within four weeks. However, a High Court may refuse to hear an appeal if there are no prospects of reaching another conclusion than the district court, and the appeal does not concern fundamental legal questions or where no other reasons exist in general in favour of hearing the case before the High Court. Appeal to the Supreme Court requires permission form the Appeals Permission Board.
If the proceedings concern a claim of a maximum economic value of DKK 20,000, the judgment may be appealed only with the permission of the Appeals Permission Board which grants such permission to appeal if the case concerns fundamental legal questions or with reference to special circumstances otherwise.
Interim decisions subject to interlocutory appeal can be appealed within two weeks. In practice, most interim decisions are not appealable without permission from the Appeals Permission Board as orders and other decisions made by the court during the hearing or during the preparatory procedure are non-appealable without such permission.
Decisions in Egypt are subject to appeal. Appeals from the first instance are filed before the court of appeal within 40 days from the date of the issuance of the first instance judgment. While summary proceeding decisions are challenged within fifteen days from the issuance of the decision.
Further challenges can be made before the Court of Cassation. A court of appeal’s judgment is subject to challenge before the Court of Cassation within sixty days from the date of issuance of the appeal decision.
The court of appeal takes from 1-3 years to issue a decision.
The Court of Cassation takes from 2-3 years to issue a judgment.
Final decisions (judgements) of the courts of first instance may be challenged in the appellate courts. An appeal may be submitted within one month from rendering the judgement. The appellate court may accept the appeal if it finds that the reasons for missing this deadline are justified.
Provided the case has been reviewed by the relevant appellate court or such court has refused to restore the time limit for filing an appeal, the respective appellate court’s resolution may be challenged in one of the circuit commercial courts within two months from entry into force of such resolution.
As discussed in Section 3, there are two cassation stages under the Commercial Procedural Code. Following the first cassation above, a second cassation appeal may be submitted to the Chamber on Economic Disputes of the Supreme Court within two months from entry into force of latest decision on the case. Firstly, an appeal is reviewed by one of the judges to decide whether it can be referred for consideration of that chamber. The grounds for a second cassation appeal are limited and require proving gross violation of law.
Finally, the last resort within commercial litigation proceedings is the review by the Presidium of the Supreme Court (supervision proceedings). That option is available within three months from entry into force of the latest decision on the case. Before being passed to the Presidium of the Supreme Court a motion for supervisory review is considered by one of the Supreme Court’s judges, similarly to the second cassation appeal. The grounds for appeal before the Presidium of the Supreme Court are also limited, being:
(i) violation by the decision of the fundamental rights and freedoms guaranteed under the Constitution of the Russian Federation, Russia’s treaties or rules of international law; (ii) damage inflicted by the decision to the public interest or
(iii) inconsistency of the decision with the uniformity of judicial practice. According to the official statistics, the Presidium of the Supreme Court has considered only one commercial dispute during a year of 2018, although 405 motions for supervisory review have been submitted thereto.
Interim decisions of the courts may be appealed by the parties only if challenging of a particular interim decision is allowed by the Commercial Procedural Code. By way of example, the parties may appeal a decision on interim measures, a decision to stay or terminate the proceedings, a decision refusing involvement of third parties.
Final and interim decisions can be appealed. Generally, regarding interim decisions the parties can appeal without a stay of execution of the lower court´s judgement within 6 business days from the issuance of the order appealed. Final judgments can be appeal with a stay of execution of the judgment, within 9 business days from the issuance of the final judgment appealed. Additionally, some procedural orders can be appealed in a preventive manner, in which the corresponding grounds for appeal are reserved and raised together with appeal against the final judgment, in this cases, the preventive appeal must be filed within 3 business days from the issuance of the order.
In general, German court decisions are subject to appeal or some other form of judicial review. The applicable timescale depends on the form of the decision:
- The judgment (Urteil) is the main format for a binding decision in German litigation proceedings (sec. 300 ZPO). Other forms of decision are admissible only if the law explicitly provides for an express legal basis. Judgments of a Regional Court can be appealed to the competent Higher Regional Court on questions of fact and law, sec. 511 ZPO (Berufung). The appeal needs to be filed within one month upon service of judgment, sec. 517 ZPO. Decisions of the Higher Regional Court in the appellate proceedings can be further appealed to the Federal Supreme Court (Bundesgerichtshof) on points of law only, sec. 542 ZPO (Revision). The Revision needs to be filed within one month upon the service of the appeal judgment (sec. 548 ZPO).
- A court order (Beschluss) is a decision that, as a rule, is rendered without an oral hearing. Court orders can be challenged by a complaint on points of law according to sec. 574 ZPO (Rechtsbeschwerde). The complaint needs to be filed within one month following service of the order (sec. 575 ZPO).
- Court decisions dismissing a party’s petition concerning the proceedings can be challenged with an immediate complaint (sofortige Beschwerde) pursuant to sec. 567 ZPO, which needs to be filed within two weeks upon service of the decision.
- A court decree (Verfügung) is usually issued on case-management matter and other procedural issues relating to the proceedings. They are rendered by the presiding judge and not appealable.
An interlocutory judgment (Zwischenurteil), which is not final and binding but merely deals with a preliminary question, can be appealed only if the law expressly provides so, e.g. if the admissibility of the action is assessed in a separate hearing pursuant to sec. 280 ZPO.
Parties may appeal judgments of the CFI to the CA. Final and interlocutory decisions of the CFI may be appealed, although leave is generally needed in respect of appeals against interlocutory CFI decisions. Parties have 28 days from the date of judgment to file a notice of appeal against a final CFI decision, while the timescale for appealing against interlocutory decisions of the CFI is generally 14 days. Permission to appeal may be required before lodging an appeal to the CA (subject to certain exemptions from the leave requirement). The High Court Ordinance (Cap. 4) provides that, except as provided by rules of court, no appeal lies to the CA from an interlocutory judgment or order of the CFI in any civil claim unless leave to appeal has been granted by the CFI or the CA.
Similarly, for CA decisions, parties may no longer appeal CA decisions as of right but may request leave to appeal to the CFA. The timescale is within 28 days from the date of the judgment being appealed.
There is also a “leap frog” procedure whereby civil appeals from the CFI can be made to the CFA – subject to leave of the CFA following the grant of a certificate by a CFI judge within 14 days from the date of judgment. Where a certificate has been granted, any party may apply to the CFA for leave within 28 days from the date of grant.
Both final and interim decisions can be appealed. Appeals from the Royal Court sitting as the Ordinary Court lie to the Guernsey Court of Appeal. Parties can appeal as of right if the appeal is on a point of law or in respect of a judgment with a value greater than £200. The Guernsey Court of Appeal can also consider appeals on points of fact decided by the jurats provided that the judgment value threshold has been met.
Appeals can be made against interlocutory orders, consent orders, costs orders or judgments with a value lower than the threshold with the permission from the judge at first instance, or the Court of Appeal if the presiding judge at first instance has refused.
The party wishing to appeal must file a Notice of Appeal within one month of the decision that they are seeking to appeal. This deadline can be extended by the Court.
Further appeals above the Guernsey Court of Appeal lie to the Judicial Committee of the Privy Council, with leave from either the Guernsey Court of Appeal or the Judicial Committee of the Privy Counsel. The value of the judgment must exceed £500.
An appeal lies from every final decree passed by any court exercising original jurisdiction to the court authorized to hear appeals from decisions of such court both, on questions of fact and law. A second appeal, only on a question of law, may also lie to the High Court. In the case of certain specified interim orders, an appeal can be filed in accordance with the provisions of Order XLIII of the Code.
Under the Commercial Courts Act, Section 13 provides that an appeal may lie against a decree of the Commercial Court or Commercial Division of a High Court to the Commercial Appellate Division of that High Court within a period of sixty days from the date of judgment or order. However, it further clarifies that in the case of orders, an appeal shall lie only from such orders as are specifically enumerated under Order XLIII of the Code and Section 37 of the Arbitration Act.
In arbitration proceedings taking place in India, interim orders may be appealed in accordance with Section 37 of the Arbitration Act. However, in the case of certain orders under the Arbitration Act, an appeal may not lie immediately and the party seeking to appeal against such order would have to wait until the final award is passed. As an example, no appeal shall immediately lie against an order rejecting a challenge to the jurisdiction of the arbitral tribunal under Section 16 of the Arbitration Act and for this purpose, the party whose application is rejected shall have to wait until the final award is passed.
Further, an application for setting aside an arbitral award, including an interim award may lie under Section 34 of the Arbitration Act. Such application is required to be made within three months of receipt of the award or if a request for correction or interpretation of the award had been made, within three months of the date on which such request had been disposed of by the arbitral tribunal.
An appeal may also be preferred to the Supreme Court against any judgment, decree or final order in a civil proceeding if the High Court certifies that the case involves a substantial question of law of general importance. However, this apart, the Supreme Court may grant special leave to appeal from any judgment, decree, determination, sentence or order in any cause or matter passed or made by any court or tribunal in the territory of India.
The timescales for filing appeals have been provided under the Limitation Act, which stipulates that any appeals to a High Court from an order or decree can be filed within ninety days from the date of the decree or order. If the appeal is being filed to any other court against an order or decree, then the same can be filed within thirty days from the date of the decree or order.
In case of a special leave to appeal to the Supreme Court, the Supreme Court Rules, 2013 provide that in cases where the High Court refuses to grant leave, an appeal should be filed within sixty days of the order of refusal. In all other cases, an appeal may be filed within ninety days of the date of the judgment or order.
Isle of Man
Final and interim decisions can be appealed.
Rule 14.3 (which is subject to any statutory provision specifying the Division to which an appeal lies) provides in effect that an appeal to the court (other than by way of case stated) lies from a decision of the Civil Division to the Appeal Division.
Some orders (such as consent or costs only) may however only be appealed with leave (section 19(1) of the High Court Act 1991).
The appellant must file the appeal notice within (a) such period as may be allowed by a relevant statutory provision; (b) where there is no such provision, such period as may be directed by the lower court; or (c) where the lower court makes no such direction, the following period after the date of the decision of the lower court (i) 42 days, in the case of a final judgment or order; (ii) 14 days, in any other case.
In October 2017, for the first time in the island’s history and evidencing the importance the island places on the rule of law, a resident full time judge of appeal was appointed. Consequently appeals are dealt with expeditiously. Once an appeal notice is issued directions (including the filing of a paginated bundle and skeleton arguments) would normally follow within 14 days with the appeal taking place within 2 months and judgment following shortly thereafter.
The Judicial Committee of the Privy Council is the island’s final court of appeal from decisions of the Isle of Man Appeal Division.
Final and interim decisions are subject to appeal.
According to the general rules governing appeals, first instance decisions can be challenged for incorrect or incomplete findings of fact or violation of law, whereas appeals before the Corte di Cassazione are limited to lack of jurisdiction, lacking, insufficient or contradictory motivation or violation or wrong application of law.
Appeals against first instance decisions issued by the Giudice di pace and the Tribunale can be lodged before the Tribunale and the Corte d’Appello respectively. The second instance decisions may be appealed before the Corte di Cassazione.
Appeals shall be lodged within 30 days (60 days in case the appeal is addressed to the Corte di Cassazione) from the day on which the final decision is served or, in the absence of service, within six months from its publication.
Specific rules are set out for appeals against precautionary measures or against decisions based on mere equity, for revocation and for third party appeals.
Final and interim decisions can be appealed or challenged before the next higher court. As mentioned, the Philippine court system has four levels: the municipal or metropolitan trial courts, the regional trial courts, the Court of Appeals, and the Supreme Court. Thus, the appeal procedure for final and interim decisions follow this hierarchy of courts.
Generally, final decisions or orders may be appealed to the next higher court within 15 days from receipt of the final decision or order. Interim decisions or orders may be the subject of a motion for reconsideration, which should be filed within 15 days from receipt of the interim decision or order. If the motion for reconsideration is denied, a party may assail the interim decision or order before the next higher court within 60 days from receipt of the order denying the motion for reconsideration.
Appeals under Portuguese jurisdiction must fulfil certain initial requirements related to the amount of the claim and the burden of loss.
Taking these factors into account, final decisions can be appealed to the respective higher court (e.g. a decision of a first instance court must be appealed to the court of appeal – Tribunal da Relação) and depending on the type of process or the grounds of the decision, within a period of 15 to 30 days, counting from the date the decision was notified to the parties.
Not all Interim decisions can be appealed, but if the appeal is allowed, it must be presented within 15 days counting from the date when the decision was notified.
Final decisions and partial and interim decisions may be appealed. Appeals are decided on by courts of higher instance - e.g. if a district court is the court of first instance, a regional court is the appellate court. If a regional court is the court of first instance (in extraordinary cases – e.g. in the case of proceeding on abstract control in consumer matters), the Supreme Court of the Slovak Republic is the appellate court.
The timescale of decision on appeals depends on the complexity of the matter and the court’s overload. An appellate court usually decides on appeals within 20 months of the appeal filing.
The final decision of a district court may be appealed, but generally leave to appeal is required for the court of appeal to review the district court’s judgment or decision. Other decisions may in general be appealed only in conjunction with an appeal against judgment or final decision, unless otherwise provided. Certain kinds of procedural or interim decisions may however be appealed separately, for example decisions to grant or reject an application for production of documents and decisions to grant or reject security measures.Decisions are to be appealed to the court of appeal within three weeks.
Permission must be given by a court before a decision can be appealed. The application for permission to appeal can be made either to the court that gave the decision that the party wishes to appeal or to the higher court to which the party wishes to appeal. If the application is made to the higher court, it must be requested in the ‘appellant’s notice’. Unless the court otherwise orders, the ‘appellant’s notice’ must be filed within 21 days of the decision to be appealed if the appeal is to be made to the Court of Appeal or within 28 days if the appeal is to be made to the Supreme Court.
All final and interim decisions are subject to appeal. Depending on the nature of the decision and the issuing authority, the number of appeals and the appeal mechanism (Whether by way of grievance or otherwise) shall differ.
Both final and interim decisions may be appealed. The rule is that all court decisions, unless explicitly prohibited, can be challenged. Decisions from the Justices of Peace and all claims brought as a “referimiento” complaint may be appealed within 15 days after notification of the decision through bailiff notice. On another hand, decisions from ordinary Courts of First Instance can be appealed in a month’s deadline.
According to Article 9 of Law Number 20 of 1947 on Appeal, an interim decision may only be appealed together with a final decision. The only exception to this rule will be an appeal against an interim decision in relation to the absolute jurisdiction of a court. An interim decision on the court’s absolute jurisdiction is considered as a final decision.
Yes. The final and interim decisions may be appealed.
Appeals from the Subordinate Courts to the High Court
The decisions of the Subordinate Courts may be appealed to the High Court provided that the amount in dispute or the value of the subject-matter is more than ten thousand ringgit (RM10,000) except on a question of law [See Section 28(1) of CJA].
A notice of appeal must be filed in court within fourteen (14) days from the date of the decision appealed from [See Order 55 Rule 2 of the ROC].
Appeals from the High Court to the Court of Appeal
The decisions from the High Court may be appealed to the Court of Appeal as of right except in the following circumstances [See Section 68 of CJA]:-
- When the amount or value of the subject-matter of the claim (exclusive of interest) is less than two hundred and fifty thousand ringgit (RM250,000), except with the leave of the Court of Appeal;
- Where the judgment or order is made by consent of parties;
- Where the judgment or order relates to costs only which by law are left to the discretion of the Court, except with the leave of the Court of Appeal; and
- Where, by any written law for the time being in force, the judgment or order of the High Court, is expressly declared to be final.
An appeal from the High Court to the Court of Appeal must be made within one (1) month from the date of the order appealed against, failing which an extension of time must be sought by way of leave of the Court. [See Rule 12 of the Rules of the Court of Appeal 1994]
Appeals from the Court of Appeal to the Federal Court
Appeals of the decisions from the Court of Appeal to the Federal Court may only be made when either of the elements under Section 96 of CJA is fulfilled and upon obtaining of leave of the Federal Court :-
- When it involves determination of novel principles or a question of importance upon which further argument and a decision of the Federal Court would be to public advantage; or
- When from any decision as to the effect of any provision of the Constitution including the validity of any written law relating to any such provision.
An appeal to the Federal Court must be made within one (1) month from the decision of the Court of Appeal [See Section 97(1) of the CJA].
In the Chilean procedural law the general rule is that the so-called "final Judgment" is always susceptible to appeal, so that it may be reviewed by the respective Court of Appeals. The same ruling can also be challenged by means of the so-called "cassation” (annulment which, at the Appeal Court level, is only allowed due to serious formal defects occurred during the trial, affecting its outcome).
Furthermore, the possibility of appealing on other types of resolutions (interim resolutions) is also recognized, when these are pronounced on side aspects of the dispute which require a special pronouncement of the Tribunal.
Article 229(1) of the Code of Organisation and Civil Procedure, lists those instances when the interim decision by court decree may not be challenged before the definitive judgement is delivered. These include but are not limited to:
a. a decree allowing a request for urgency;
b. any order or directive under the provisions of article 173 of the Code of Organisation and Civil Procedure pertaining to orders in camera with respect to matters of procedure;
c. a decree allowing or disallowing a request for the adjournment of a cause;
d. a decree allowing or disallowing an objection to the competency of a witness;
e. a decree allowing or disallowing a request to put questions to a witness;
f. a decree allowing or disallowing a request for the production of certain documents under article 637 of the Code of Organisation and Civil Procedure except if the decree allows or disallows the production of a document which is an exempt document in terms of article 637(4) of the Code of Organisation and Civil Procedure;
g. the appointment of a referee;
h. a decree allowing or disallowing the expunging of a document from the records of the case;
i. a decree disallowing a request for stay of proceedings.
In terms of Article 229(2) of the Code of Organisation and Civil Procedure, an appeal from the following interim decrees may be entered before the definitive judgment:
a. a decree refusing the appointment of additional referees under Article 674 of the Code of Organisation and Civil Procedure;
b. a decree transferring an action for trial to another court;
c. a decree refusing the joinder of a third party to the cause;
d. a decree disallowing a request for urgency;
e. a decree ordering the stay of proceedings;
f. a decree that orders the production of a document which is an exempt document in terms of article 637(4).
Article 229(3) provides that an appeal from any other interlocutory decree not expressly provided in Article 229 (1) and (2) may be entered before the definitive judgment only by special leave of the court hearing the case, to be requested by an application to be filed within ten days from the date on which the decree is read out in open court. The court, after hearing the parties, may grant such leave of appeal if it deems it expedient and fair that the matter be brought before the Court of Appeal before the definitive judgment and the time limit for the filing of such an appeal shall commence to run from the date of the said decree.
In the case of any decree under sub-articles (2) and (3) above, provided that any application for an appeal has not been filed, the aggrieved party may file an application within six days from the date on which the decree is read out in open court, requested the court which delivered the decree to reconsider its decision. The application is to contain full and detailed reasons in support of the request and is to be served on the other party who shall have the right to file an answer thereto within six days from the date of service.
The period for appeal from a decree before a definitive judgment shall be six days from the date on which the decree is read out in open court. Where an interlocutory decree has been given in camera, it shall for the purposes of the calculation of any time therein established, be deemed to have been read out in open court on the date of the first sitting in the case immediately after the decree was given in camera by the court.
As mentioned under question 3, the CCP prescribes the principle of double instance for the judiciary of the cantons. As a consequence, each canton must establish a court of first instance as well as an appellate court (typically called ‘High Court’) with full power of review.
As to the possibilities for challenging decisions of the cantonal courts of first instance, the CCP provides for two legal remedies: The ‘appeal’ allowing for a full review of the decision on the grounds of incorrect application of the law as well as an incorrect establishment of the facts by the first instance court and the ‘objection’ which only allows for a less extensive review of the decision as far as the establishment of the facts by the first instance court is concerned (i.e. only obviously incorrect establishment of the facts is a valid grounds for an objection); moreover, fur-ther restrictions apply according to the type of decision that shall be challenged.
In financial disputes, the appeal is available against final and interim decisions as well as decisions on interim measures of the court of first instance if the amount in dispute is at least CHF 10'000. Therefore, in large commercial disputes, judgments rendered by a district court can usually be appealed to the cantonal appeal instance with the possibility of a further appeal to the Swiss Federal Tribunal (access to the Swiss Federal Tribunal is usually granted if the value in dispute is at least CHF 30'000). Judgments of a commercial court (as the sole cantonal instance; see question 3) may only be appealed to the Swiss Federal Tribunal. In terms of time scale, an appeal must usually be filed within 30 days in ordinary proceedings, and within 10 days in summary proceedings, from notification of the decision to be appealed.
The objection is the legal remedy available with regard to final and interim decisions as well as decisions on interim measures of the court of first instance in cases where the value of the dispute is smaller than CHF 10'000. Moreover, regardless of the amount in dispute, the objection is the legal remedy in order to complain against undue delay and to object to other types of decisions and procedural rulings of the first instance court. In the latter case, the objection is only available if the law so provides or if there is a threat that the decision/ruling threatens to cause not easily reparable harm. The time limit for filing an objection is usually 30 days from notification of the decision to be challenged. In summary proceedings or in case of an objection against procedural rulings the time limit is 10 days.
A further appeal to the Swiss Federal Tribunal against the decision of the higher cantonal court is usually admissible if the value in dispute exceeds CHF 30'000. Where the value in dispute is low-er, the case might still be brought before the Swiss Federal Tribunal under special circumstances (e.g. if there is a fundamental legal question that needs to be clarified by the Swiss Federal Tribunal or in case of a breach of constitutional rights). An appeal to the Swiss Federal Tribunal must be filed within 30 days from notification of the appeal's instance decision; with regard to certain claims, however, a shorter deadline may apply.
The rule is that interim decisions, in the sense of preliminary decisions, may not be appealed per se without challenging the final decision of the same court.
Final and conclusive decisions are, with some limited exceptions, appealable.
The deadline for the filing of an appeal, in case the first degree decision is not served, is two years, starting from the day of the publication of the decision by the first instance court. If the decision is served, the deadline is thirty days (if the applicant is a resident of Greece) or sixty days (if the applicant’s resident is abroad or unknown), starting from the day of the service (Art. 518 of GCCP). An appeal against judgments of first instance courts permits, potentially and on the basis of the defects challenged by the appellant, a re-examination of the case, in total, i.e. in all legal and factual aspects.
The legislator’s approach is different with regard to decisions of interim measures. Pursuant to the provision of article 699 of GCCP decisions accepting or rejecting applications for interim measures or requests for revocation or for the purpose of reforming such measures are not subject to appeal with only limited exceptions rather not applicable in commercial litigation. Interim decisions can, however, be revoked (articles 688 II, 696-698, 738 GCCP) under strict conditions.
All district court judgements can be appealed to the court of appeal. Judgements from the court of appeal can also be appealed to the Supreme Court, but it requires a special leave to appeal. Most interim decisions can be appealed. Generally, the time limit for appeal is one month.
In principle, each judgment can be appealed as long as the appealing party has an interest. All judgements can therefore be appealed (subject to compliance with the applicable time limit), i.e. all court decisions rendered by the courts and which definitively settle the relations between the parties in the proceedings.
In addition, some intermediate judgments (e.g. a decision ordering an expert opinion) may also be appealed.
In order to appeal, a party must:
- have been a party to the proceedings leading to the adoption of this decision;
- have an interest in lodging the appeal (i.e. the judgment under appeal must have been prejudicial to his or her interests).
As a general rule, the time limit for appeals is 40 days from:
- the notification of the judgment, if it is contradictory;
- the expiry of the time limit of the opposition period, if the judgment is given by default.
However, some provisions provide for a much shorter time limit (e.g. 15 days in bankruptcy cases).
In addition, the time limit for appeals is increased for people living abroad (additional time of 15 days).
Final and interim decisions of the federal district courts can be appealed to a federal court of appeals. Final decisions are appealable automatically (as of right), and notice of appeal must be given within 30 days after entry of the district court’s judgment. Generally, interim decisions are appealable if a district court judge indicates that the decision involves a controlling question of law as to which there is substantial ground for difference of opinion, and that an immediate appeal from the decision may materially advance the ultimate termination of the litigation. The federal court of appeals has the discretion to hear those interim appeals. Other interim decisions, such as those granting, continuing, modifying, refusing or dissolving injunctions, are appealable as of right and do not require approval from the district court or the court of appeals.
Decisions by the federal courts of appeals can be appealed to the U.S. Supreme Court. Generally, there is no right of appeal to the Supreme Court. However, a party may file a petition for a writ of certiorari requesting that the Supreme Court review the circuit court’s decision, and the Supreme Court may grant or deny the petition at its discretion. A petition for a writ of certiorari must be filed within 90 days after entry of the lower court’s judgment.
State court appellate procedures vary by jurisdiction. However, certain decisions by the courts of last resort in any state may be appealed to the U.S. Supreme Court.
Judgments issued by DSCs may be appealed before the courts of first instance, whose decisions will be final.
Judgments handed down by civil courts of first instance on claims exceeding IRR 30 million may be appealed before the courts of appeal, whose decisions will be final.
An appellant must submit an appeal petition to the court of first instance that has issued the judgment or to courts of appeal within 20 days of judgement service (for Iranian nationals) or within two months of judgement service (for foreign nationals, unless they are represented by an Iranian attorney, or have an Iranian branch office for service purposes, in which cases foreign nationals are also subject to the 20-day deadline). The appeal petition must clearly set out the grounds for the appeal and the defects in the judgment of the lower court.
The court will then send a copy of the petition to the other party(ies), who may respond within ten days of receipt of the petition. Thereafter, the appeal process begins by referring the case to one of the courts of appeal by the referral authority in the courts of appeal. The court will examine the parties’ submissions to both the lower court and the courts of appeal, and will review the proceedings of the lower court to decide whether a hearing session would be required.
Upon concluding its deliberations, a court of appeal may uphold the lower court’s decision or reject the decision in whole or in part, in which case the court of appeal will hand down a new judgment with respect to the rejected portion of the lower court’s decision.
In commercial disputes, there is a narrow possibility to appeal directly to the Supreme Court where the claim value exceeds IRR 20 million and the judgment of the court of first instance has not been appealed to the court of appeal within the statutory deadline.
Final orders and interim injunctions
Final procedural orders such as dismissal of a petition, dismissal of a claim, and discontinuation of the proceedings due to incapacity of a party may be appealed only when the judgement on the merits is appealable.
Similarly, interim injunctions (discussed under question 12) may not be appealed unless the judgment on the merits is appealable, except interim writ of attachment (tamin-e khasteh) which cannot be appealed.
Almost all final decisions of the district court can be appealed at the court of cppeal. An appeal must be lodged within three months from the day the decision was rendered (section 339 subsection 1 DCCP). Shorter appeal periods exist for certain cases; for instance a four week appeal period applies for interim relief judgments (section 339 subsection 2 DCCP).
Objections against interim decisions that do not contain final decisions must be included in the appeal against the final judgment, unless the court grants permission to lodge an interim appeal against the interim judgment.
Appeal in cassation can be lodged with the Supreme Court against most decisions of the court of appeals. Decisions of the Enterprise Chamber can only be appealed with the Supreme Court. Appeal in cassation must also be filed within three months from the day the decision was rendered (section 402 DCCP).
Both preliminary and final decisions may be appealed to the Provincial Court of Justice when the case was heard within the justice system. No appeal in arbitration.
Appeals are filed orally at the same hearing at which the decision is made. When the decisions have to do with procedural validity, admissibility of evidence, and previous defenses, appeal is to be filed at the preliminary hearing.
As an exception, appeals from final judgment may be filed in writing within the ten days following notice thereof in the following cases: a) failure to appear at trial due to acts of God or force majeure, which must be determined by the appellate court; and b) when the written judgment or order contains matters not resolved at the hearing, or when they differ from those set forth in the judgment.
Final and interim decisions can, in most cases, be appealed to the same court or to the Court of Appeal or Cassation depending on the decision.
For example, the judgment issued by the Court of First Instance is appealed before the Court of Appeal within 30 days, and the judgment issued by the Court of Appeal is appealed before the Court of Cassation within 60 days.
This may differ from case to case depending on the value of the claim and other factors.
Final decisions of the First decree court of general competence can be appealed to the Civil Court of Appeal within the period of one month starting from the day it was announced. As of the interim decisions, only those can be appealed which are explicitly stated in the law (article 361 of the Civil Procedure Code) and the appeal can be brought again to the Civil Court of Appeal within the period of 7 days starting from the moment of receiving the decision. Those who were not participating in the proceedings but whose rights and interests are affected by the decision of the court can appeal against it within the period of 3 months from the moment they knew or should have known about that decision except for those that were notified about the lawsuit, but didn’t want to participate in it.