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to be executed; then the judge will issue a ruling, in the form of a writ of attachment,so that the debtor shall be required to make payment. If the debtor does notpay, the debtor’s property shall be attached to the extent necessary to secure theamount owed, the costs and the charges, placing them under the responsibility ofthe creditor.The distinction from an ordinary proceeding is that in a summary proceeding firstthere is the attachment and thereafter the debtor is summoned to appear in person, tomake the payment or file its defense. Subsequently the proceeding follows stages similarto those of an ordinary proceeding.In addition, the Commerce Code grants private parties the capacity to freely choose,in compliance with such code, the commercial proceeding that best suits their interests,whether a traditional proceeding before courts or arbitration.4.6. Costs of the LawsuitBoth in civil and in commercial matters, costs are not charged for judicial acts, evenwhen they involve witnesses assisting the court or the court actions taken outside of thelocation of the proceeding. Each party is responsible for the costs and expenses arisingfrom court actions it requests. In principle, the expenses will be paid by the party thatfailed to comply with its obligation.The payment of lawyers’ fees is normally established based on a percentage of theamount in dispute or that may be recovered. This percentage results from an agreementbetween the lawyer and his or her client and is calculated taking into consideration thespecific characteristics of the case, the degree of complexity of the matter, the capacity ofthe client to pay and the reputation of the lawyer handling the case. In the majorityof cases, it is negotiated.Finally, it should be mentioned that the federal and local procedural codes providethat the losing party will be responsible for the payment of the costs (attorneys’ fees) ofthe opposing party according to specific established rates or fees.343Dispute Resolution4.7. Appellate ReviewThe purpose of the appeal in both civil and commercial matters is for the superior courtto confirm, revoke or modify the lower court ruling. The litigant who believes he/she hassuffered some harm, third parties that have left the proceedings and other interested partiesharmed by the judicial ruling can file an appeal.The appeal must be filed in writing before the judge who issued the challenged ruling;he or she must then provide a copy to the opposing party. Then the case file is transferredto the superior court, which is a chamber formed by magistrates who review and