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.
Chris Wong and Kenix Yuen have been quoted in an Economic Digest article on commercial disputes and PPE scams. They explore four case studies on PPE scams and remind SMEs to stay cautious, maintain clear internal communication, and include relevant terms in purchase agreements when ordering PPE.
Chambers Global Practice Guides provide in-house counsel with expert legal commentary on the main practice areas in key jurisdictions around the world. The guides focus on the practical legal issues affecting business and enable the reader to compare legislation and procedure across a range of key jurisdictions.
Nick Gall, Ashima Sood and Kritika Sethia have contributed the Hong Kong Chapter for the 2020 International Comparative Legal Guide (ICLG) to Enforcement of Foreign Judgments. This chapter covers common issues in the enforcement of foreign judgements laws and regulations through the detailing of the general enforcement regime, enforcement regime applicable to judgments from certain countries, and methods of enforcement in other jurisdictions.
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.
Hong Kong has been long established as one of the world’s leading centres for dispute resolution. Strategically positioned at the heart of the Asia-Pacific region, Hong Kong boasts a thriving economy, a highly developed legal infrastructure and benefits from a wealth of both local and international expertise across all sectors.
Shareholders’ disputes, in some cases, are like a divorce according to Gall Consultant Kenix Yuen. Business partners work for years together, and eventually build up a successful business empire, only to find that it is time to go separate ways. In the unfortunate event that the break-up is painful and shareholders have to proceed with unfair prejudice proceedings, what would be the relevant considerations during the process of valuation if a buy-out order is made in the Hong Kong court?Kenix Yuen explores this in her article for In-House Lawyers’ Autumn 2019 issue.
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”.
Chambers Global Practice Guides provide in-house counsel with expert legal commentary on the main practice areas in key jurisdictions around the world.The guides focus on the practical legal issues affecting business and enable the reader to compare legislation and procedure across a range of key jurisdictions.
