What are the main procedural rules governing commercial litigation?
Litigation (2nd edition)
Commercial litigation is primary governed by the following three sets of procedural rules:
- The Austrian Jurisdiction Act (“Jurisdiktionsnorm”) determines the organisation and jurisdiction of courts.
- The Austrian Code of Civil Procedure (“Zivilprozessordnung”) sets out the rules for contentious proceedings in civil courts and provides a framework for national and international arbitration.
- The Austrian Enforcement Code (“Exekutionsordnung”) determines the enforcement of judgments as well as of arbitral awards and preliminary remedies.
The Code of Civil Procedure (the “CCP”) is the main law which provides for the procedural rules governing litigation in general, and there is no special set of procedures which applies only to commercial litigation. However, the Companies Act provides for certain types of corporate litigation, such as derivative suits (Article 847) and suits to invalidate acts concerning the organisation of a company (Article 828), and serves as the procedural rules for these cases.
Commercial Litigation is governed by procedural rules provided by the Code of Civil Procedure. The claim is initiated by a summons, served upon the defendant (for matters above €4,600). The claim is brought in front of the First Instance Court. Parties have the possibility to file writings in turn until final pleadings are set by the Court. Parties may freely appeal the First Instance Court decisions within the timeframe provided by the law.
Evidence can be freely submitted in commercial matters.
The Civil Procedure Law of the People’s Republic of China (“CPL”) is the main procedural rules governing commercial litigation in China. The latest version was amended in 2017. In addition, various judicial interpretations rendered by the Supreme People's Court of China are also crucial for procedural matters in litigation practice.
Commercial litigation is not defined or regulated per se by the Romanian legislation. As a consequence, the general procedural rules (the Romanian Civil Procedure Code) are applicable. An important law containing procedural rules is represented by the Law no. 85/2014 on the proceedings regarding the prevention of insolvency and on insolvency, being of particular interest in the field of Commercial law.
The main stages of litigation are: (i) the written phase, which consist in the submission of the statement of claims by the claimant, the submission of the statement of defence by the defendant and the submission of the response to the statement of defence by the defendant; (ii) the establishing of the facts of the case, by introducing the evidence; (iii) the debates, where each party exposes its arguments to the Court; (iv) the deliberation of the Court followed by the rendering of the judgement; (v) the appeal and/or the appeal for review, depending on the nature of the case.
Civil procedure in Cyprus is mainly governed by the Civil Procedure Rules which are based on the English Civil Procedural Rules of 1954. The Civil Procedure Rules regulate most aspects of civil litigation including, inter alia, the commencement and service of the proceedings, pleadings, interlocutory applications, discovery, proceedings at trial and appeals. Certain aspects of civil procedure, including, inter alia, the granting of interim relief and the execution of judgments, are regulated by the Courts of Justice Law of 1960 and the Civil Procedure Law, Cap.6.
The Danish Administration of Justice Act is the primary act governing the procedure of litigation, including commercial litigation. The Act governs the majority of the aspects of court litigation and for some areas in a rather detailed manner.
If the parties have agreed to settle the dispute in arbitration, the Danish Arbitration Act determines the procedural rules of the arbitral process. Due to the nature of arbitration, some of these rules may also be subject to the parties’ agreements. A popular arbitration venue for commercial disputes in Denmark is the Danish Institute for Arbitration, which have their own procedural rules for arbitration. The Danish Arbitration Association have also prepared guidelines for the taking of evidence in arbitration, which are commonly used.
The Egyptian Civil and Commercial Procedures Law no. 13 for the year 1968 governs all procedural rules governing commercial litigation.
The main procedural rules governing commercial litigation are as follows:
- the Commercial Procedural Code No 95-FZ dated 24 July 2002 (the “Commercial Procedural Code”);
- the Federal Law No 229-FZ “On enforcement procedure” dated 2 October 2007;
- the Federal Law No 127-FZ “On insolvency (bankruptcy)” dated 26 October 2002.
Besides that, relevant Resolutions of Plenary Sessions of the Supreme Court (and of the Higher Commercial Court, currently merged into the Supreme Court) provide guidance on how those rules shall be interpreted and applied.
Commercial law in Mexico is a matter of federal law. Commercial litigation in Mexico is governed by the Commerce Code; (Código de Comercio); when a specific rule is not provided for in the Commerce Code, the Federal Code for Civil Proceedings (Código Federal de Procedimientos Civiles) is applied supplementary. Additionally, when the rule is not sufficiently provided for, the local proceedings law becomes applicable.
The general procedural rules for commercial litigation in Germany are set forth in the Code of Civil Procedure (ZPO). Provisions governing the court’s structure and functioning are regulated in the Courts Constitution Act (GVG).
In addition, there exist a number of special statutes dealing with particular types of proceedings:
- The Family Procedure Act (FamFG), formerly Act on Non-Contentious Matters (FGG), regulates certain proceedings in company law matters (unternehmensrechtliche Verfahren).
- For disputes concerning compensations in connection with mergers or squeeze-outs, the Act on Appraisal Proceedings (SpruchG) and the FamFG govern appraisal proceedings (Spruchverfahren).
- For capital market-related disputes, the German Act on Model Case Proceedings in Disputes Regarding Capital Market Information (Kapitalanleger-Musterverfahrensgesetz/KapMuG) provides for collective redress in mass damages cases.
- In November 2018, the German legislature has introduced a new collective redress instrument for consumer disputes, the Musterfeststellungsklage (sec. 606 et seq. ZPO) (cf. Question 20)
Civil procedure in Hong Kong is governed by the Rules of the High Court (Cap. 4A), the Rules of the District Court (Cap. 336H) and the accompanying Practice Directions issued by the Chief Justice (collectively, the “Rules”). These Rules were substantially revised by the enactment of the Civil Justice Reform.
Litigation in the Royal Court is governed by the Royal Court Civil Rules 2007 (RCCR) which sets out the procedure for disputes. The RCCR are occasionally supplemented by practice directions issued by the Court.
In India, the Code of Civil Procedure, 1908 (Code) is the law governing the principles relating to the powers of the court, procedures, methods and manner in which the jurisdiction of the civil courts may be exercised. Similarly, the principles and procedures pertaining to evidence are governed by the Indian Evidence Act, 1872 (Evidence Act).
Aside from the above, there are a number of other statutes that may also govern the procedural rules in commercial litigation. As an example, the Commercial Courts Act has been enacted to ensure speedy disposal of commercial disputes by providing for stricter timelines for resolution of disputes.
Further, the procedure as adopted by different specialized forums/tribunals is determined by statutes under which such forums/tribunals have been created. For example, the procedure followed by the DRT is governed by the Recovery of Debts Due to Banks and Financial Institutions Act, 1993. Similarly, the procedure followed by the NCLT is determined by the Companies Act, 2013 and the rules framed thereunder.
In the case of arbitration proceedings, Section 19 of the Arbitration Act states that an arbitral tribunal is not bound by the provisions of the Code or the Evidence Act. In this regard, Section 19(2) provides that the parties are free to agree on the procedure to be followed by the arbitral tribunal in conducting its proceedings. Further, Section 19(3) provides that in the absence of any agreement between the parties on the procedure, the arbitral tribunal is free to conduct the proceedings in the manner it considers appropriate.
However, it may be noted that in practice, the tribunals in India are guided by the provisions of the Code and the Evidence Act, particularly in domestic arbitrations. In the case of international commercial arbitrations, the rules of the arbitral institution chosen by the parties or the relevant internationally accepted rules of procedure, such as the relevant Rules formulated by the International Bar Association (IBA) may be adopted by the arbitral tribunal.
Isle of Man
The Manx Rules of the High Court of Justice (RHC) are similar to the Civil Procedure Rules in England and Wales (CPR) but without the pre-action protocols. The overriding objective is to enable the High Court to deal with cases justly. The parties are required to help the court to further the overriding objective and rule 19(1) of the Advocates’ Practice Rules 2001 imposes upon advocates an overriding duty to ensure that the proper and efficient administration of justice is achieved.
Commercial disputes are not regulated by special procedural laws if compared to other civil subjects. Therefore, it is necessary to distinguish which dispute resolution method was used.
In case of ordinary proceedings, the proceedings start with a writ of summons to appear at the first hearing before the Judge entitled to adjudicate ratione loci. During the first hearing, the judge checks if the appearance in court is in accordance with law and, if requested by the parties, fixes three time limits to file briefs related to means of giving or obtaining evidence, simultaneously setting the hearing for the admission of the means of evidence (oral testimony, technical expertise, etc...). Once the evidence gathering phase is completed, the judge sets a hearing in order to give the parties the possibility to specify submissions, fixing a time limit for final briefs. The judgment is provisionally enforceable, but the provisional enforceability shall be suspended by the court of appeal in case of serious and reasonable grounds (art. 283 of the Italian Code of Civil Procedure).
Arbitration has a smoother procedure and may be ritual or not; in the first case the arbitration award produces the same effects as the ordinary Judge's ruling, with the exception of enforceability, which is subordinated to a decree of the Court in whose district the arbitration seat is located; in the second case the arbitration award has the effects of a contractual determination and as such can be annulled, when the flaws provided for by the law occur, by initiating ordinary merits proceedings before the ordinary Judge.
Preventively resorting to mediation procedure is mandatory in some subjects (lease, loan, lease of business, insurance, banking and financial contracts) and constitutes a prerequisite of admissibility of the action. Should the parties reach an agreement, the record of such agreement is an enforceable title, just like a judgement or an arbitration award.
In case of assisted negotiation procedure the parties must first sign an assisted negotiation agreement, in which they set the subject of the negotiation and the deadline within which the negotiation must take place. Also in this case, the agreement record constitutes an enforceable title.
If commercial litigation is commenced before the courts, the provisions of the Rules of Court govern.
For commercial arbitration, the provisions of Republic Act No. 9876 (Arbitration Law), Republic Act No. 9285 (Alternative Dispute Resolution Act of 2004), and the Special Rules of Court on Alternative Dispute Resolution are observed. The United Nations Commission in International Trade (UNCITRAL) Model Law was wholly adopted in the Alternative Dispute Resolution Act of 2004. Any stipulation on the adoption of a specific arbitral institution’s rules is respected. In the absence of such stipulation, parties to a commercial arbitration are allowed to set their own procedural rules.
The main procedural rules imply the filing of a claim and summons addressed to the counterparty and allowing them a 30 day period to challenge the claim. This is followed by the scheduling of a preliminary hearing where the court invites the parties with the goal of reaching a settlement or, if that is not possible, defining the subsequent terms of the process and scheduling a final hearing. After that final hearing has occurred and all the evidence has been presented, the court makes a final ruling, which may be subject to appeal, depending on the amount due.
Civil procedure law – including commercial litigation – is governed in particular by the following Acts:
- Act No. 160/2015 Coll., Rules of Civil Contentious Procedure (“RCCP”);
- Act No. 161/2015 Coll., Rules of Civil Non-contentious Procedure (“RCNP);
- Act No. 244/2002 Coll. on arbitration proceedings that regulates proceedings held by courts of arbitration;
- Act No. 233/1995 Coll. on court bailiffs and execution (Rules of Distraint Procedure) that regulates enforcement of court decisions.
Civil procedure is divided into two basic categories:
- contentious proceedings regulated by RCCP; and
- non-contentious proceedings regulated by RCNP (e.g. proceedings in matters concerning the Register of Companies and proceedings in certain matters of legal entities – e.g. proceedings on dissolution of a legal entity or proceedings on a defunct business company).
The Swedish Procedural Code of 1942 provides for an adversarial (non-inquisitorial), oral trial proceedings; based on the principles of ‘orality’, 'immediacy' and 'concentration'. The first means that the relief sought, the legal grounds invoked, the statement of facts and the evidence on which judgments are to be based must be presented orally. The second means that such presentation must be made directly to the court and the third that the main hearing is to be arranged without interruptions. However, in commercial cases, written pleadings and evidence are often voluminous and the principles are not strictly upheld. At the main hearing, the court for example often refers to a written summary of the parties’ respective positions rather than requiring the parties to orally account for all circumstances invoked. To some extent the courts may also accept that the parties only refer to written evidence submitted to the court instead of presenting it in detail before the court.
To modernise the system and transform it to a procedural order of higher flexibility, a number of significant changes have been made in the course of the last years, including for example that witnesses are only heard in the district courts. Superior courts review video recordings of the witness examinations made in the district courts but do, with few exemptions, not administer new hearings of witnesses.
Arbitration in Sweden is governed by the Arbitration Act of 1999, last revised per 1 March 2019. The Arbitration Act governs all arbitrations seated in Sweden and applies both to domestic and international disputes with some specific provisions for international disputes.
The Civil Procedure Rules govern the procedural aspects of litigation. The CPRs are designed to ensure that cases are dealt with justly and at proportionate costs. They contain rules but also practice directions which provide practical guidance on the conduct of litigation. The CPRs cover the timetabling and case management of the entire trial process, as well as specific aspects such as service, disclosure, witness and expert evidence, settlement, costs and appeals.
The main procedural rules governing the commercial litigation in Bahrain are:
a. Legislative decree No. 12 of the year 1971 promulgating the civil and commercial procedural law (‘CCPL’).
b. Legislative decree No. 30 of the year 2009 with respect to the Bahrain chamber for economic, financial and investment dispute resolution (‘BCDR law').
c. Resolution No. 65 of the year 2009 with respect the procedures of BCDR (‘BCDR Rules’).
d. Law No. 9 of the year 2015 promulgating the arbitration law.
e. Ministerial decision No. 62 of the year 2018 with respect to the case management procedures.
f. Legislative decree No. 14 of the year 1996 with respect to the law of evidence (‘Law of Evidence’).
The Commercial Code barely regulates commercial disputes, as only a few articles refer to the jurisdiction and standard of evidence in these matters. The main procedural rule, thus, is the Code of Civil Procedure, which basically consists of the 1806 French Code. The most relevant modification of the Code of Civil Procedure took place in 1978 with the enactment of Law 834, which, in turn, acknowledged the chief amendments made in France in 1972. Law 834 deeply simplified civil procedure (that essentially governs commercial litigation), particularly the discovery stage and the means to exchange evidence, but a new reform is highly needed to accelerate matters. Several bills have been considered since 1997, but none have been approved.
Three other legislations have modernized civil and commercial procedure since 1978: Law 50-00 (enacted on 2000), Law 491-08 (enacted on 2008), and Law 544-14 (enacted on 2014, which regulates international affairs amongst individuals). Law 50-00 reorganized the structure of the Courts of First Instance; on the other hand, Law 491-08 tried to limit the appeals (a sort of certiorari review remedy) before the Supreme Court; while Law 544-14 ruled issues concerning, among other topics, conflicts of law and jurisdictions in international disputes.
Finally, Law 479-08, on legal entities, provide important rules for commercial litigation, essentially allowing further interim remedies and criminalizing commercial breaches, which tends to estimate litigation between stake-holders.
The procedure for a commercial dispute that is brought before a court is generally governed by Herziend Indonesisch Reglement, - “HIR”. Please note that if the dispute concerns certain commercial matters governed under a particular regulation, the procedural rules of the commercial dispute will follow the procedure provided in such regulation.
In addition to the above, if both parties agreed to resolve a dispute before an arbitration tribunal, the procedural rules governing the arbitration are the rules of the agreed arbitration institution. In the event that both parties agreed to resolve a dispute before an ad-hoc arbitration, both parties must determine which procedural rules would apply in such proceeding.
The Rules of Court 2012 govern civil proceedings registered in the Magistrate’s Court, Sessions Court and the High Court; Rules of Court of Appeal 1994 govern appeals to the Court of Appeal whilst the Rules of the Federal Court 1995 govern appeals to the Federal Court.
The legal basis of the Chilean judicial proceedings is to be found in the Chilean Civil Procedure Code. The general rule is that there are no special procedures or tribunals for commercial matters, so these are generally subject to similar procedural rules than civil matters.
The Chilean Code of Civil Procedure contemplates the so-called “ordinary trial”, which is a procedure that applies in the absence of a special procedure. The ordinary trial is a written procedure, which includes the submission of various kinds of writings and motions for the judge to acquire knowledge of the facts and the applicable law, followed by an extensive evidentiary production stage. The proceedings end with the issuance of the final judgement which typically can subject to an appeal.
Another important procedure regulated in the CHCPC is the one for the "attachment of assets" which is intended to obtain the enforcement of an obligation that is stated in a judgement or in certain written deeds. This procedure is generally shorter than the ordinary trial, with shorter deadlines and less defense possibilities for the defendant. It is widely used for the collection of invoices or debt titles.
Finally, it should also be borne in mind that parties can always subtract a civil or commercial matter from the ordinary courts and bring it before an "arbitrator”. In this case, the parties to the dispute are allowed to freely establish the applicable procedure, provided that certain minimum requirements are met derived from the guarantee of due legal process. This is a good mechanism to expedite process.
The main procedural rules governing commercial litigation are set out in the Maltese Code of Organisation and Civil Procedure, Chapter 12 of the Laws of Malta. Commercial litigation in front of the superior courts of Malta are generally initiated by means of a sworn application. The sworn application would necessarily state the subject of the claim and the remedy sought by the applicant and must be confirmed on oath by the said applicant upon filing. Once the said sworn application is filed in the court registry it would be served on the respondent who would have twenty days from the date of service to file the sworn reply to defend the claim. Following the lapse of the twenty day time period, should the respondent fail to file a reply he would be deemed contumacious.
Following the said preliminary written proceedings, the court hearings would proceed and the parties submit their evidence and have witnesses examined and cross-examined, either in front of the court itself or in front of a judicial assistant appointed by the court as the case may be. Following the conclusion of the evidentiary stage, the parties would proceed with making written and/or oral submissions and the Court would then proceed to adjourn the hearings for judgment.
As regards debt collection proceedings, Maltese law also provides for the possibility of filing special summary proceedings in front of the courts of Malta. Any claim for the recovery of a debt which is certain, liquid and due and not consisting in the performance of an act may be instituted by means of a sworn application whereby the applicant would request the courts to give a judgment without proceeding to trial on the basis that, to his knowledge, the respondent has no defence to his claim. The applicant filing the said sworn application must solemnly declare that in his belief there is no defence to the action in the sworn application. The said court application is then served on the respondent without delay and the court would appoint a date for hearing which shall not be earlier than fifteen days and not later than thirty days from the date of service of the sworn application on the respondent.
Being a civil law country, the main sources of law in Switzerland are written codes and statutes. The most important statute governing civil procedure is the Swiss Code of Civil Procedure of 19 December 2008 (CCP). The CCP contains rules on the local jurisdiction of the courts in domestic matters and comprehensively regulates the course and conduct of court proceedings in civil law matters in Switzerland. However, certain areas, such as court costs and the subject matter juris-diction of the courts are subject to cantonal law (see question 3). Moreover, in international mat-ters, further codes and/or multi-national treaties such as the Swiss Private International Law Act of 18 December 1987 (PILA) and the Convention on Jurisdiction and the Recognition and En-forcement of Judgments in Civil and Commercial Matters concluded in Lugano on 30 October 2007 (Lugano Convention) regulate certain procedural aspects (for example the international and/or local jurisdiction of the courts) within their specific scope of application.
Predominantly, civil and commercial proceedings in Switzerland are at the disposition of the par-ties, i.e. governed by the principle that it is up to the parties to decide how, when, for how long and to what extent they wish to submit claims as plaintiffs, whether they wish to accept or con-test such claims as defendants, or whether they wish to lodge or withdraw appeals. In commer-cial matters (in contrast to other areas of the law such as for example family law matters), it is generally up to the parties to submit the factual allegations relevant to decide the dispute, and the court may in principle not take into account facts that have not been argued by the parties when assessing the matter. On the other hand, as far as the application of the substantive law is concerned, the principle of iura novit curia applies (other than in appeals proceedings before the Swiss Federal Tribunal). This means that the court must apply the law ex officio even if the par-ties have not invoked certain legal provisions or based their claims on a different legal basis (the court must, however, grant the parties the right to be heard on the matter).
The CCP also governs the enforcement of court decisions regarding non-monetary claims. Mone-tary debt collection matters are governed by the Federal Debt Enforcement and Bankruptcy Act of 11 April 1889 (DEBA), whereas the recognition and enforcement of foreign judgments and foreign arbitral awards is predominantly regulated by the PILA and by bilateral and multilateral treaties to which Switzerland is a party; the most important treaties in this regard are the Lugano Convention and, with regard to international arbitral awards, the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards (New York Convention), which was rati-fied by Switzerland and entered into force in 1965.
The main procedural provisions for commercial litigation are included in the Greek Code of Civil Procedure (hereinafter the “GCCP”). Basic principles governing commercial proceedings in the context of the GCCP are: a) the principle of the parties’ control of the cause of action, b) the progress of the trial on the initiative of the parties having disposal over the object of the trial, c) the principle of the determination of the competent judge by the law and not by the litigant parties, d) the parties’ equality, e) the principle of publicity and f) the principle of conduction of the trial in good faith.
The primary act governing civil disputes, including commercial litigation, is the Norwegian Dispute Act. The Act sets out the steps through which the litigation process is carried out, including duties before commencing procedure, duties during preparation of the case and duties during the main hearing. Furthermore, it includes a section regarding the purpose of the Act, which is relevant when the Act is to be interpreted. The Act shall provide a basis for hearing civil disputes in a fair, sound, efficient and trustworthy manner through public proceedings before independent and impartial courts.
In cases where the parties have chosen arbitration in Norway, the Norwegian Arbitration Act applies. The Act is based on UNCITRAL Model Law on International Commercial Arbitration.
The Luxembourg legal system is governed by the constitution of the Grand Duchy of Luxembourg, promulgated in October 17th, 1868. It is a parliamentary democracy. The executive power, the legislative power and the judicial power are therefore separated from each other.
The Luxembourg system of law is based on civil law, and it rests on two main principles: the adversarial principle, and the principle of ‘party disposition’ (principe du dispositif).
The principle of party disposition means that parties are free to determine the contours of the proceedings with their respective claims and defences, and have the burden of having to allege and demonstrate the facts that support their claims. They are free to present their defence. However, this principle has to be qualified by the fact that the judge also plays a role in proceedings. Indeed, the courts give the necessary impetus to the proceedings as regards to their conduct and the collection of evidence, if needed, and they rule on the dispute submitted to them by applying the relevant rules of law.
The adversarial principle is the very essence of judicial procedure since it constitutes a condition to a fair trial and entails the respect for the rights of the defence. Without this principle, implying that each party is informed at any time of the procedural steps taken by the other involved actors, whether it is its opponents, judges or other stakeholders in the procedure, proceedings cannot enjoy credibility and acceptance of the parties, which are necessary to ensure the legitimacy of the procedure itself and of the decision adopted at the end of it.
Regarding civil matters, written submissions are required. However, before the Lower courts and the District court sitting in commercial matters, oral argument may be used.
Where a commercial claim is brought in federal court, the procedural rules governing such claims are found in the Federal Rules of Civil Procedure (the “FRCP”). Each federal district may promulgate rules to supplement, and in some instances to modify, the FRCP, and each individual judge within each district may also promulgate rules governing proceedings in his or her courtroom. State commercial claims are governed by the procedural rules of the state in which the claim is litigated.
Commercial proceedings are primarily governed by the Code of Civil Procedure 2000 (CCP). In addition, the Law on Formation of Public and Revolutionary Courts 1994 contains provisions dealing with procedures in civil courts hearing commercial cases.
The procedural system for commercial litigation in Iran is adversarial. The proceeding is commenced by a plaintiff via filing a written statement of claim with the court, along with any supporting documents. During the proceeding, service rules are of significant importance; these are mentioned in response to question 7.
The main procedural rules governing commercial litigation in the Netherlands are laid down in the Dutch Code of Civil Procedure (‘DCCP’). The DCCP is complemented by rules or procedure issued by the courts. These regulations contain practice rules and more practical guidance on the conduct of litigation.
As of 1 January 2019, commercial disputes may be brought before the Netherlands Commercial Court (‘NCC’). The NCC operates under Dutch procedural law complemented by the NCC Rules of Procedure. An English version of the NCC Rules of Procedure can be found at: https://www.rechtspraak.nl/SiteCollectionDocuments/ncc-procesreglement-en.pdf
The General Organic Code on Proceedings and the Arbitration and Mediation Act.
Federal Law number 11 of 1992 known as the Civil Procedures Law is the main law governing all civil and commercial litigation procedures. The law tackles all procedures of trials from filing claims, notifying parties, experts and their appointments and tasks, appeals, order in hearings, procedures, special and urgent applications, discontinuance, cessation and lapse of time and all other procedures.
Recently, the Civil Procedures Law was significantly amended pursuant to Federal Law number 18 of 2018 and Ministerial Decree number 57 of 2018.
These amendments were made with the objective of updating the law to tackle procedural issues by updating, deleting or adding new articles.
The main procedural rules governing commercial litigation are contained in the RA Civil Procedure Code. Mediation is governed both by the Civil Procedure Code and the Judicial Code and the law on Commercial Arbitration, international treaties as well as specific chapter in the Civil Procedure Code govern the process of Arbitration.