Gall is delighted to be a finalist in the Hong Kong Firm of the Year category at this year’s China Law & Practice Awards. The awards ceremony, which is hosted by China Law & Practice and sister titles The American Lawyer and The Asian Lawyer, will take place on Thursday September 13 at the The St Regis, Beijing.
Sanctioned offers are a significant feature of the litigation landscape in Hong Kong, providing parties a strong incentive to settle their disputes at earlier stages (Rules of High Court and Rules of District Court, O.22).
It is common for parties to a commercial contract to insert a clause stating that “all variations to the contract must be agreed, set out in writing and signed on behalf of both parties before they take effect” (commonly known as a “No Oral Modification” or “NOM” clause). If the parties subsequently have a purported oral agreement to vary a particular term of the contract but do not say anything about the NOM clause, will such a variation be effective?