What, if any, are the pre-action conduct requirements in your jurisdiction and what, if any, are the consequences of non-compliance?

Litigation & Dispute Resolution

Switzerland Small Flag Switzerland

Besides the possible necessity to hold a hearing before the Justice of Peace prior to the filing of the statement of claim (see above), there are no pre-action conduct requirements set forth by the law.

Chile Small Flag Chile

Unlike the common law, there are no pre-action conduct requirements in the Chilean legal system for civil or commercial matters. Exceptionally, our law entitles the future plaintiff to request, before commencing the proceeding, certain specific interim measures specified in the law either to prepare the proceeding commencement, to exceptionally ensure evidence if there are reasons to believe that it might disappear or to guarantee the results of a final sentence accessing a claim.

To request this type of measure, the future plaintiff shall inform the court of the action he intends to file with a brief explanation of the claim’s grounds and he would also have to prove the necessity to request the specific measure. In case of interim measures seeking to ensure the results of a favorable final decision, the plaintiff could be requested to pay a bond.

Sweden Small Flag Sweden

There are generally no pre-action conduct requirements in commercial disputes. One notable exception is, however, employment matters which are governed by the Labour Disputes (Judicial Procedure) Act. A party may not, according to this act, commence court proceedings unless the party has negotiated with his or her counterparty. The court will dismiss the claim if such negotiation has not been attempted. Also, lawyers being members of the Swedish Bar Association must not take legal action unless the counterparty is given reasonable time to consider the client’s claim and to reach an amicable settlement, although legal action may be taken without prior notice if a delay would entail a risk of loss of the legal rights or other harm, or if there are other special reasons for taking such action.

Portugal Small Flag Portugal

In our jurisdiction there are no pre-action conduct requirements to consider. For instance, if there is a breach of contract, the compliant party may resort directly to judicial action.

UAE Small Flag UAE

Generally, there are no pre-action requirements. However, in specific cases the law requires that a party sends a legal notice to its counterparty before initiating any legal proceedings, such as when a landlord wishes to evict a tenant, or when a party wants to terminate a contract.

Saudi Arabia Small Flag Saudi Arabia

There are no pre-action requirements under Saudi Arabian procedural law.

Norway Small Flag Norway

Before bringing an action to the court, the party shall give notice in writing to the person or persons against whom the action may be brought. The notice shall contain information about the claim and the basis for the claim. Non-compliance does not have any direct consequences, but may influence the court’s decision regarding legal costs.

United States Small Flag United States

Generally there are no pre-action conduct requirements before commencing a commercial lawsuit. There are occasionally administrative orders and statutes at the state level that require mandatory mediation for certain commercial disputes. For example, Delaware passed the “Delaware Voluntary Alternative Dispute Resolution Act” in 1995, requiring parties to attempt mediation of commercial disputes before going to court. Likewise, in 2017, the Commercial Division in the New York County Supreme Court established a pilot project, which automatically assigns newly filed commercial cases (excluding those in which a self-represented person is a party) to a Justice outside of the Commercial Division for mandatory mediation.

In addition, disputes concerning contracts with mandatory arbitration provisions may be compelled to arbitrate, given the strong judicial presumption in favor of arbitration provisions and support of arbitration as a means of commercial dispute resolution.

Austria Small Flag Austria

Generally, there are no legal requirements to initiate any pre-action procedures regarding commercial disputes. In particular, there is no mandatory mediation or alternative dispute resolution mechanism for general commercial matters. However, it is recommended and common practice to request a debtor to fulfil its obligations before commencing legal proceedings. This is because the court may order the plaintiff to bear the court fees and its legal costs, if the defendant immediately complies with the claim or does not contest it.

Moreover, there is no pre-action disclosure under Austrian law. In any event, a party intending to bring a claim should ascertain that it has the evidence necessary to prove its claims as requests for evidence production during the proceeding are rather limited (especially in comparison to document production possibilities in common law jurisdictions).

Japan Small Flag Japan

In principle, pre-action conduct is not required under the CCP. However, there are certain types of disputes for which the plaintiff is required to first file a petition for mediation (such cases include those related to increases or decreases in rent for land or building under the Act on Land and Building Leases).

Although not a legal requirement, in practice, a notification by content-certified mail is often sent to the defendant before a complaint is filed in court, to give the defendant the opportunity to resolve the dispute out of court.

Updated: June 13, 2018