WELCOME TO
COMMERCIAL LITIGATION &
ALTERNATIVE DISPUTE RESOLUTION
RESOLVING COMPLEX DISPUTES
In our commercial litigation practice, we bring a strong grasp of the law, creativity, pragmatism, advocacy skills and an understanding of the client’s objectives.
Leveraging more than twenty years of experience serving clients facing allegations of wrongdoing or the subject of wrongful conduct by contractual counterparties and other persons, our firm has carved out a formidable standing as a preferred organisation for businesses resolving disputes.
GETTING THE DEAL DONE
Representation in
Hong Kong’s Courts
Contact Us Unlike many firms, we have experience representing clients at both trial and appellate levels, including across all levels of Hong Kong's judiciary system, including Hong Kong’s Court of First Instance (“CFI”), the Court of Appeal (“CA”) and the Court of Final Appeal (“CFA”). Our cases have set market leading precedents.
Alternative
Dispute Resolution (ADR)
Contact Us In alternative dispute resolution (“ADR”) proceedings, our team represents clients in arbitral proceedings administered before a range of arbitral institutions, with particular experience on arbitrations administered by the Hong Kong International Arbitration Centre (“HKIAC”).
Financial
Dispute Resolution
Contact Us Though we represent clients across a range of different disputes, we have particular strength in resolving disputes involving financial institutions and digital asset service providers. We represent both firms licensed by the Securities and Futures Commission (“SFC”), firms regulated by the Insurance Authority (“IA”), and banks regulated by the Hong Kong Monetary Authority (“HKMA”) as well as their clients. Our in-depth understanding of financial market practices and digital technologies ensures a sophisticated approach.
Other Commercial
Litigation Matters
Contact Us Beyond disputes involving financial institutions and digital asset service providers, our dispute resolution lawyers have acted on a range of commercial matters, including contentious winding-up and insolvency proceedings, proceedings for asset recovery and tracing of property, debt collection, the enforcement of foreign judgments, contract disputes, employment disputes and shareholder disputes.
FREQUENTLY ASKED QUESTIONS
Q1: How can your firm help if I believe my contractual counterparty has defaulted on his obligations?
We can help to review the contract and the background to identify whether there has been a breach of the contract. If there is a possible breach of the contract, we can form and implement a strategy to put pressure on the contractual counterparty to rectify the breach or to pay damages. This may include issuing a demand letter or, in appropriate cases, a statutory demand, or taking such other action as may be needed to create a necessary evidential trail for any future proceedings. We can help to advise on whether to call a termination of a contract for breach and if so, how to do so.
Q2: Can I work with your firm to pursue my claims on a success fee basis?
As a Hong Kong law firm, we are generally prohibited from representing clients in contentious matters on a success fee basis. However, in certain circumstances, within the context of insolvency or arbitration, success fees are permissible. In these cases, where we regard the claim as being particularly meritorious and there is a clear path to enforcement of any monetary damages award, we may act on the basis that our legal fees will comprise a base fee calculated at a discount to our usual rate plus an uplift in the event the claim succeeds.
It is frequently only commercially viable for a claim to proceed on a success fee basis if the amount of the claim is significant. This is because, the cost of pursuing a claim is high and if the claim does not exceed a minimum level, it is impossible to recoup a sufficient amount to make it worthwhile after legal fees have been deducted.
If you would like to discuss the possibility of our firm representing you on a success fee basis, please contact one of our dispute resolution lawyers.
Q3: Are there options available to finance my claim?
Hong Kong law generally prohibits third party funding of claims to be made by one person against another person. However, in certain circumstances, a third party is permitted to fund such claims. Where we regard the claim as particularly meritorious and there is a clear path to enforcement of any monetary damages award, we may introduce a third party funder to a client to assess the possibility of financing for the client’s claim.
One advantage of third party funding is that such funding may include not only the legal fees payable to us but also disbursements, adverse cost orders and security for costs (where applicable).
It is frequently only commercially viable for a third party to fund a claim if the amount of the claim is significant. This is because, the cost of pursuing a claim is high and if the claim does not exceed a minimum level, it is impossible to recoup a sufficient amount to make it worthwhile both for the third party funder and the claimant after legal fees have been deducted.
If you would like to discuss the possibility of a third party funding your claim, please contact one of our dispute resolution lawyers.
Learn more about Commercial Litigation & Alternative Dispute Resolution in our FAQ page
FAQOUR EXPERIENCE
HOW CAN WE HELP?
With deep expertise in handling complex disputes, our legal team can help with representation commercial disputes in Hong Kong's courts and in alternative dispute resolution (ADR) proceedings, including arbitration.
Contact us if you need assistance.