Commercial Litigation in Hong Kong

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Commercial Litigation in Hong Kong A presentation brought to you by our LawFirmHongKong.com 1

Transcript of Commercial Litigation in Hong Kong

Page 1: Commercial Litigation in Hong Kong

Commercial Litigation in Hong Kong

A presentation brought to you by ourLawFirmHongKong.com

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Page 2: Commercial Litigation in Hong Kong

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Business Disputes in Hong Kong

• When business owners in Hong Kong cannot resolve existing disputes with clients or business partners they can take legal action and solve any particular problem.

• The city of Hong Kong imposes its own rules and regulations for solving commercial disputes.

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Commercial Law in Hong Kong

• The Hong Kong commercial law encompasses all laws and regulations related to the right to do business, trade, sign contracts and enter into commercial relations.

• Separate laws and Ordinances as well as parts of the Hong Kong basic law can be referred to when judging a commercial litigation case.

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Commercial Disputes in Hong Kong

• Commercial litigation is a means of solving various commercial disputes that arise between business partners in Hong Kong.

• Apart from litigation, arbitration is also frequently used in such cases, provided that an arbitration agreement or clause exists between the parties.

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Types of Commercial Disputes in Hong Kong

• Frequent commercial disputes in Hong Kong can include:

contractual breaches; product liability claims; intellectual property disputes; company merger issues; claims in company insolvency cases; competition disputes and others.

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Commercial Court Structure in Hong Kong

• The Hong Kong court that receives large commercial disputes is the Court of First Instance of the High Court. This court has unlimited jurisdiction on all civil matters in Hong Kong.

• Specific types of disputes like those concerning bankruptcy or insolvency cases can be assigned to specialized judges.

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Commercial Litigation Proceedings in Hong Kong

• The claimant is the one who initiates the court proceedings and must serve the originating process on the defendant.

• The court litigation proceedings for commercial cases in Hong Kong are usually public.

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Arbitration in Hong Kong

• Second to litigation, arbitration is the most employed alternative dispute resolution method in Hong Kong for commercial disputes.

• This method is similar to litigation but it relies on an arbitrator who will settle the dispute. It is commonly used in insurance disputes.

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Mediation in Hong Kong

• Mediation is another alternative dispute resolution method. The mediator will assist the parties in their attempt to reach a settlement.

• The attorneys at our law firm in Hong Kong can give you more information about these alternative dispute resolution methods.

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Lawyers in Hong Kong

• Commercial litigation cases are best solved with the help of an attorney that specializes in commercial and business law.

• You can contact our Hong Kong law firm for more advice and legal representation in all commercial cases.

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http://www.lawfirmhongkong.com/ 11