Dispute resolution clauses could have profound implications when a dispute arises. Parties are encouraged to consult lawyers specialised in commercial litigation and dispute resolution at an early stage regarding the implication of the particular dispute resolution clause (or the absence of the same) in their contract out of which the dispute arises, which is at the heart of the design of the overall strategy for a swift and effective dispute resolution process.
When a dispute over rights and obligations between two parties arises, the parties may commence a civil litigation. At the end of litigation, the Court will determine whether and to what extent a party's rights have been infringed, and the appropriate remedy or compensation that party is entitled to.Commencing civil litigation may not be as straightforward as one would think though, and the road from commencement to judgment can be long and complicated. In this Q&A, partner Evelyn Chan and Trainee Solicitor Adriel Wong provide a general overview of Hong Kong's civil litigation process so prospective litigants can be more informed before commencing proceedings.
Nick Dealy and Ashima Sood have contributed the Hong Kong chapter for the 2021 International Comparative Legal Guide (ICLG) to Competition Litigation. The chapter covers common issues in competition litigation law and regulations in Hong Kong, including interim remedies, final remedies, evidence, justification/defences, timing, settlement, costs, appeal, leniency and anticipated reforms.
Nick Gall, Evelyn Chan, Kenix Yuen and Kritika Sethia recently contributed the Hong Kong chapter for Chambers Litigation 2019 Second Edition Guide where they covered topics including: litigation funding, initiating a law suit, discovery, trials and hearings, settlements, damages and judgements, appeals, costs and alternative dispute resolution.
Stan Cheung and Nick Gall recently wrote an article on “Resolving a Dispute – Initial Considerations” for LexisNexis where they explored key factors and preparation to be taken before commencing litigation. As part of our collaboration with LexisNexis Adriel Wong also wrote a piece on “Substituted Service by Social Media” and Ashima Sood wrote about “International Enforcement of Default Judgements”.
The Legislative Council passed resolutions on 27 June 2018 to raise the upper financial limits on the civil jurisdiction of the Small Claims Tribunal (“SCT”) and the District Court (“DC”) in certain matters. In other words, both the SCT and DC will have the power to deal with claims of a larger amount. Such resolutions will come into operation on 3 December 2018.
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).