Litigation, Arbitration & Dispute Resolution

Civil Litigation

Our civil litigation team handles a wide range of disputes, including contractual disagreements, tort claims (such as defamation and negligence), property disputes, trust and fiduciary matters, and judicial reviews involving public authorities.

We understand that litigation can be disruptive and costly, so we focus on minimizing disruption while achieving outcomes that protect our clients’ interests. Whenever possible, we aim to resolve disputes amicably, using mediation and other alternative dispute resolution methods. When court proceedings are necessary, we provide robust and effective representation, advocating vigorously to safeguard your rights and navigate complex legal challenges.

Arbitration

Our arbitration practice is designed to handle high-stakes and complex cases with precision and insight. Whether representing clients in Hong Kong, Mainland China (particularly within the Greater Bay Area), or internationally, we provide comprehensive support at every stage of the arbitration process.

With experience in institutional frameworks like the Hong Kong International Arbitration Centre (HKIAC) and the International Chamber of Commerce (ICC), as well as ad hoc arbitration arrangements, we offer expertise in both domestic and cross-border disputes.

Our services include:

Drafting and advising on arbitration clauses: Structuring effective arbitration clauses to safeguard your interests.
Commencement of arbitration: Guiding clients through the filing of notices of arbitration and responses to claims.
Representation during arbitration proceedings: Preparing pleadings, evidence, and arguments to present before arbitral tribunals.
Interim measures and litigation support: Securing injunctions or asset preservation orders to protect your position.
Enforcement or challenge of arbitral awards: Assisting with the recognition, enforcement, or setting aside of arbitration awards across jurisdictions.

Criminal Law and Regulatory Investigations

Our team of experienced lawyers provides comprehensive legal support to individuals and companies involved in criminal law and regulatory matters, ensuring that your rights are protected and your case is handled with care.

We represent clients in cases involving:

White-collar crimes: Fraud, corruption, money laundering, insider trading, and more.
Regulatory investigations and prosecutions: Matters involving the ICAC, SFC, Customs and Excise Department, and the Hong Kong Police.
General criminal offenses: Theft, assault, drug-related offenses, traffic violations, and more.

Employment Disputes

Our employment law practice provides tailored solutions for both employers and employees, addressing disputes with professionalism and sensitivity.

For employers, we focus on minimizing disruptions and protecting business interests. We assist with unfair dismissal claims, breaches of contracts, workplace harassment, and redundancy issues, as well as drafting employment policies and contracts to ensure compliance with Hong Kong labor laws.

For employees, we provide expert guidance on wrongful termination, unpaid wages, harassment, and discrimination, helping you understand your rights and secure fair outcomes through negotiation, mediation, or litigation.

Matrimonial and Family Disputes

Our matrimonial and family law practice offers compassionate, discreet, and professional support to help clients navigate these sensitive issues.

Our services include:

Divorce and separation proceedings (contested and uncontested)
Child custody and access arrangements
Financial and property settlements
Spousal and child maintenance claims

Trust, Probate and Property Litigation

We provide comprehensive legal advice and representation to help clients navigate these complex matters.

Our services include:

Contesting wills (e.g., claims of undue influence or lack of capacity)
Estate administration disputes
Breaches of trust or fiduciary duties
Land and property disputes (e.g., ownership, co-ownership rights, boundary issues)

Partner in Charge

Lily S. M. CHANG

Partners

Consultants

Associates

Accredited Mediators

Frequently Asked Questions (“FAQs”)

What type of disputes do you handle?

We handle different legal disputes such as corporate and commercial, contractual, regulatory and market misconducts, banking and debt recovery, personal injuries, employment, matrimonial, criminal, land and properties, trust, contentious probate and administration matters, etc.

What are the differences between litigation and arbitration?

Litigation is a dispute resolution mechanism through the public court system. Parties involved will present their case based on the applicable laws and court rules. The judge will determine the matters after a trial or court hearing. Court decisions (except from the Court of Final Appeal) are usually subject to appeal.

Arbitration is an alternative dispute resolution. Parties submit their dispute to an arbitral tribunal pursuant to an arbitration agreement. The arbitral tribunal consists of one or three arbitrators. The arbitral tribunal can render an arbitral award, which is final and binding. With the leave of the Hong Kong court, the arbitral award can be enforced as if it is a court judgment. The process in arbitration is confidential and generally more flexible. In most cases, the arbitral award is not subject to appeal.

What is mediation?

Mediation is another form of alternative dispute resolution. Parties submit their disputes to a mediator. The mediator will facilitate the parties to try to reach a settlement. The mediator will not make any rulings or determination during the mediation. The terms of a settlement agreement reached during mediation can be incorporated into a court order or an arbitral award for enforcement.

When and why should I consider mediation?

Mediation can be considered at any time. Information disclosed during mediation are confidential and privileged, and cannot therefore be adduced as evidence in subsequent proceedings. Mediation is generally more economical and can potentially offer creative solutions for the parties to reach an amicable settlement.

What should I do if I have a claim against another person or party in Hong Kong?

You can gather all relevant evidence as soon as possible. In general, you or your legal representative may issue a pre-action demand letter. Legal action can be commenced with or without legal representation thereafter. There are legal implications and consequences for commencing a legal action. You may first seek legal advice from a lawyer.

Is there any time limit for bringing a claim?

This depends on the type of claim(s) in concern and the circumstances of the case. For example, a contractual claim in general has a statutory time limit of 6 years.

What are the jurisdictions in civil claims in different courts/tribunals?

Small Claims Tribunal: Claims up to HK$75,000

District Court: Claims up to HK$3,000,000

Court of First Instance: Claims more than HK$3,000,000 (and more)

Lands Tribunal: Land and building management related cases

Labour Tribunal: Monetary claims from employees

Family Court: Divorce and related family/matrimonial matters

Is it possible to settle the claim without the need to go for trial?

Yes. Parties are free to negotiate for settlement at any time if the situation permits. You may consult a lawyer as to your legal rights and what to include in a settlement agreement.

What is the process for initiating a litigation in Hong Kong?

Litigation can be commenced by issuing an originating court document, such as a Writ of Summons. This will have to be effectively served on the defendant, who will then have 14 days to file an acknowledgment of service indicating whether the legal action is contested. The subsequent legal procedures will follow the court rules and/or the orders of the Court.

How long does it typically take to resolve a case through litigation in Hong Kong?

This depends on various factors, such as complexity of the case, case developments, negotiation between the parties etc.

Do I need to engage barrister or experts for my case?

Barristers and/or experts may be required in some cases. You may seek legal advice from a lawyer.

What should I do if I am named as a defendant in a legal action?

You should seek legal advice and/or act immediately. There are various time limits of which action(s) is/are required to be taken by you in the legal action, failing which it may affect your legal rights and positions and may lead to a judgment being entered against you.

What are the legal costs involved?

In litigation, legal costs include solicitors’ fees and disbursement items such as Counsel’s fees, expert fees, filing and search fees, etc.

In arbitration, there will also be the fees of the arbitral tribunal, administrative fees and renting fees for venues and equipment, etc.

Solicitors’ fees are usually charged on time basis. It is often difficult to estimate the exact amount of legal costs involved as it depends on various factors, such as nature of the case, the complexity of the issues involved, work required, case developments, oppositions of the parties, negotiation and settlements (if any), instructions, court/tribunal’s orders etc.

Who will pay for the legal costs?

Each party is responsible for its own legal costs, unless a court order or arbitral award directs otherwise. The court or arbitral tribunal usually has a general discretion in awarding costs to the parties. Usually, costs will follow the event (i.e. the winning party will get costs from the losing side) but this depends on various factors, such as the actual outcome of the case, decision of the court/tribunal, conducts of the parties, whether there were any settlement negotiations or offers made, etc.

Can I recover all of the legal costs incurred from the other side?

The court or arbitral tribunal usually has a general discretion. A party who succeeds may generally recover legal costs incurred from the other side. The costs awarded will usually be on a party-and-party basis, subject to taxation (if no agreement is reached) and will not be the full amount of legal costs incurred.

Disclaimer

The FAQs in this website are provided for general information purposes. The answers do not take into account your particular circumstances and do not constitute advice from us. The answers should not be regarded as a substitute for professional legal advice. You should seek independent legal advice before taking action on any matters to which the answers may be relevant, or if you have any doubt about how the law applies to you.

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