Litigation, Arbitration & Dispute Resolution

We handle different legal disputes such as corporate and commercial, contractual, regulatory and market misconducts, banking and debt recovery, personal injuries, employment, matrimonial, criminal, land and properties, trust, contentious probate and administration matters, etc.

Litigation is a dispute resolution mechanism through the public court system. Parties involved will present their case based on the applicable laws and court rules. The judge will determine the matters after a trial or court hearing. Court decisions (except from the Court of Final Appeal) are usually subject to appeal.

Arbitration is an alternative dispute resolution. Parties submit their dispute to an arbitral tribunal pursuant to an arbitration agreement. The arbitral tribunal consists of one or three arbitrators. The arbitral tribunal can render an arbitral award, which is final and binding. With the leave of the Hong Kong court, the arbitral award can be enforced as if it is a court judgment. The process in arbitration is confidential and generally more flexible. In most cases, the arbitral award is not subject to appeal.

Mediation is another form of alternative dispute resolution. Parties submit their disputes to a mediator. The mediator will facilitate the parties to try to reach a settlement. The mediator will not make any rulings or determination during the mediation. The terms of a settlement agreement reached during mediation can be incorporated into a court order or an arbitral award for enforcement.

Mediation can be considered at any time. Information disclosed during mediation are confidential and privileged, and cannot therefore be adduced as evidence in subsequent proceedings. Mediation is generally more economical and can potentially offer creative solutions for the parties to reach an amicable settlement.

You can gather all relevant evidence as soon as possible. In general, you or your legal representative may issue a pre-action demand letter. Legal action can be commenced with or without legal representation thereafter. There are legal implications and consequences for commencing a legal action. You may first seek legal advice from a lawyer.

This depends on the type of claim(s) in concern and the circumstances of the case. For example, a contractual claim in general has a statutory time limit of 6 years.

Small Claims Tribunal:             Claims up to HK$75,000

District Court:                             Claims up to HK$3,000,000

Court of First Instance:             Claims more than HK$3,000,000 (and more)

Lands Tribunal:                           Land and building management related cases

Labour Tribunal:                         Monetary claims from employees

Family Court:                              Divorce and related family/matrimonial matters

Yes. Parties are free to negotiate for settlement at any time if the situation permits. You may consult a lawyer as to your legal rights and what to include in a settlement agreement.

Litigation can be commenced by issuing an originating court document, such as a Writ of Summons. This will have to be effectively served on the defendant, who will then have 14 days to file an acknowledgment of service indicating whether the legal action is contested. The subsequent legal procedures will follow the court rules and/or the orders of the Court.

This depends on various factors, such as complexity of the case, case developments, negotiation between the parties etc.

Barristers and/or experts may be required in some cases. You may seek legal advice from a lawyer.

You should seek legal advice and/or act immediately. There are various time limits of which action(s) is/are required to be taken by you in the legal action, failing which it may affect your legal rights and positions and may lead to a judgment being entered against you.

In litigation, legal costs include solicitors’ fees and disbursement items such as Counsel’s fees, expert fees, filing and search fees, etc.

In arbitration, there will also be the fees of the arbitral tribunal, administrative fees and renting fees for venues and equipment, etc.

Solicitors’ fees are usually charged on time basis. It is often difficult to estimate the exact amount of legal costs involved as it depends on various factors, such as nature of the case, the complexity of the issues involved, work required, case developments, oppositions of the parties, negotiation and settlements (if any), instructions, court/tribunal’s orders etc.

Each party is responsible for its own legal costs, unless a court order or arbitral award directs otherwise. The court or arbitral tribunal usually has a general discretion in awarding costs to the parties. Usually, costs will follow the event (i.e. the winning party will get costs from the losing side) but this depends on various factors, such as the actual outcome of the case, decision of the court/tribunal, conducts of the parties, whether there were any settlement negotiations or offers made, etc.

The court or arbitral tribunal usually has a general discretion. A party who succeeds may generally recover legal costs incurred from the other side. The costs awarded will usually be on a party-and-party basis, subject to taxation (if no agreement is reached) and will not be the full amount of legal costs incurred.