As one of our major practice areas, in Litigation and Dispute Resolution Department there are lawyers specializing in various types of contentious matters. We act for a cross-section of multinational and local banking corporations, insurance institutions, manufacturing, trading, property and construction companies, institutions, NGOs, statutory bodies as well as enterprises engaged in utilities, transportation, telecommunication businesses.

SERVICES PROVIDED INCLUDE (IN ALPHABETICAL ORDER):

• Alternative dispute resolution

  • Disputes often arise in different scenarios such as commercial or financial transactions, construction, insurance and personal injury, building management, community or matrimonial matters, etc.. All types of processes for resolving disputes, except litigation, are known as alternative dispute resolution (ADR). There are many types of ADR (such as mediation, conciliation, evaluation, expert appraisal, adjudication, arbitration, etc.), which may or may not involve definitive determination. Lawyers in our litigation and dispute resolution department have extensive experience in ADR
  • Accredited mediators: Our Accredited Mediators of The Law Society of Hong Kong and The Hong Kong International Arbitration Centre assist parties in a variety of disputes to reach negotiated settlements by mediation. The following lawyers of our firm are Accredited General Mediators:
    
    • Ms Brenda Lee
    • Ms Nancy Chan
    • Mr Frederich Li
    • Ms Rebecca Lo
  • Advising and representing clients as advocates in ADR: Mediation meetings are commonly held during litigation, particularly after the Civil Justice Reform. Lawyers of our litigation and dispute resolution department regularly represent clients in mediation or other types of ADR. We regularly represent clients as advocates in arbitration. For example, in construction disputes, shareholders’ disputes in joint venture projects and international trade disputes, parties often reach an arbitration agreement either as a term incorporated into the underlying contract or subsequently as an independent agreement. We also represent clients in mediation and other types of ADR in disputes without pending legal action.
  • Contract drafting: Advising clients on and drafting arbitration clauses or contractual provisions on dispute resolution mechanism, particularly in cross-border transactions. Representing clients in negotiation on arbitration clauses or contractual provisions on dispute resolution mechanism

• Banks and financial institutions

  • Advising banks and financial institutions on corporate rescue, loan restructuring, documentary credit and trade financing disputes and resolving various types of bank-customer disputes by litigation and alternative dispute resolution mechanisms
  • Wide experience in banking litigation; representing multinational and local banks and financial institutions in litigation in loan recovery, restructuring and enforcement of securities, and providing legal advice on various aspects of banking practice
  • Representing banks and financial institutions in commercial fraud cases
  • Representing banks and financial institutions in allegations by customers for misrepresentation, negligence and breach of trust

• Commercial and cybercrimes

  Advising and acting for clients in court proceedings in on-line fraud and cybercrimes: please refer to our Compliance and Regulatory practice for further details

• Commercial and corporate disputes

  • Significant experience in commercial disputes, including breach of fiduciary duties of directors, breach of commercial agreements, sale of goods and services, and commercial fraud
  • Extensive experience in local and cross-border commercial disputes arising out of trading and financing activities, such as agency, licensing and franchising matters
  • Representing clients in various contractual disputes, including sale of goods and services, transportation, commodities insurance, service contracts, distributorship and other commercial disputes

• Compliance

  Advising clients on various regulatory and compliance matters, including the Listing Rules, competition law, personal data (privacy, discrimination and other relevant laws and regulations governing various types of businesses and institutions: please refer to our Compliance and Regulatory practice for further details

• Construction disputes

  • Extensive experience in property and construction disputes
  • Acting for clients in construction disputes in the High Court Construction and Arbitration List
  • Acting as advocates in mediation and arbitration in construction disputes: please refer to Alternative Dispute Resolution above 

• Disciplinary proceedings

  Representing clients in disciplinary proceedings involving professional bodies, Stock Exchange and other disciplinary matters: please refer to our Compliance and Regulatory practice for further details

• Discrimination

  Acting for clients in court, internal disciplinary proceedings, mediation and other types of alternative dispute resolution (ADR) procedures involving anti-discrimination legal issues: please refer to our Compliance and Regulatory practice for further details

• Employment and labour disputes

  Providing employers, human resources directors and personnel managers with comprehensive advice on contentious and non-contentious employment law matters: please refer to our Employment practice for further details

• Insolvency and corporate rescue

  Representing businesses, creditors and liquidators, receivers and trustee-in-bankruptcy appointed in bankruptcy and winding-up proceedings and other insolvency and corporate rescue matters: please refer to our Insolvency and restructuring practice for further details

• Insurance and personal Injury

  Representing statutory bodies, insurance companies, insured parties and victims in personal injury and insurance related dispute resolution and litigation: please refer to our Insurance practice for further details

• Intellectual property infringement

  Handling contentious and non-contentious intellectual property matters in Hong Kong, Mainland China and other parts of the world for our clients: please refer to our Intellectual Property practice for further details

• Judicial review

  • Advising clients on challenges against decisions of governmental departments and public bodies such as in statutory licence application, renewal of licence and disciplinary actions
  • Representing clients in subsequent judicial review proceedings

• Land and real property disputes

  • Significant experience in land resumption compensation claims and sea-bed resumption compensation claims
  • Handling appeals against decisions of the Town Planning Board
  • Extensive experience in obtaining possession of premises under the Landlord and Tenant (Consolidation) Ordinance for re-development
  • Significant experience in advising clients on compulsory sale for redevelopment and representing clients in court proceedings under Land (Compulsory Sale for Redevelopment) Ordinance
  • Acting for clients in actions against trespassers and defending claims for possessory title to land and property
  • Representing clients in proceedings in the Lands Tribunal covering various aspects of tenancy and property-related disputes
  • Acting for both owners’ incorporations and individual owners in building management disputes
  • Extensive experience in handling property disputes; advising clients in various title disputes and vendor and purchaser summonses; representing clients in the Court of Appeal and the Court of Final Appeal in various property disputes involving arguments on land title and forfeiture of deposit

• Loan and trade debt recovery

  • Representing clients in court proceedings in trade debt collection and loan recovery disputes
  • Advising corporations and businesses on preventive measures for minimizing trade debt and acting for them in debt recovery proceedings

• Matrimonial and family law

  • Extensive experience in handling contentious and non-contentious divorce, custody and maintenance matters
  • Advising clients in intended separation and providing mediation and conciliation services
  • Representing clients in ancillary relief and custody of children
  • Handling enforcement and variation of court orders for ancillary relief and custody of children

• Mediation and conciliation

  Please refer to Alternative dispute resolution above

• Offences

  • Representing corporations and individuals in commercial crimes
  • Representing corporations and individuals in prosecution by governmental departments on various statutory offences

• Privacy and personal data

  Acting for clients in court, internal disciplinary proceedings, mediation and other types of alternative disputes resolution (ADR) procedures involving privacy and data protection matters: please refer to our Compliance and Regulatory practice for further details

• Securities (regulatory matters and investigation)

  Representing publicly listed companies and their directors or related parties in securities proceedings: please refer to our Compliance and Regulatory practice for further details

• Shareholders’ disputes

  • Handling various types of disputes among shareholders in companies over business management, commercial fraud or unfairly prejudicial conducts
  • Extensive experience in handling complicated disputes among investors in local and cross-border joint-venture projects, including Sino-foreign joint ventures in China and breach of terms of joint ventures