Litigation & Alternative Dispute Resolution in Hong Kong

How do I bring legal proceedings as the claimant?

The procedure for commencing legal proceedings in Hong Kong depends on the nature of the claim, the relief sought, the amount in dispute and the forum with jurisdiction. Claims may differ depending on whether they involve contractual disputes, tortious claims, or matters requiring urgent or interim relief.

Generally, civil proceedings in the Hong Kong Courts are commenced by issuing a Writ of Summons or an Originating Summons. Before issuing proceedings, you should consider jurisdiction, limitation periods, evidential support and whether pre-action correspondence or alternative dispute resolution is appropriate. For tailored advice on commencing legal proceedings, please contact our team to discuss your matter in confidence.

I have received legal documents naming me as the defendant. What should I do?

If you have received legal documents naming you as the defendant, you should act quickly and carefully. Do not ignore the documents as the consequences of doing so may be very serious, including the possibility of having a default judgment entered against you. Read through the documents thoroughly and be aware of any deadlines to respond to the legal documents. Seek legal advice promptly.

Do I need a lawyer to start or defend a claim in the Hong Kong Courts?

As an individual, generally you do not require a lawyer to start or defend a claim in the Hong Kong Courts, as individuals have the right to represent themselves.

However, body corporates (such as limited companies) involved in proceedings in the High Court generally must be represented by solicitors except in limited circumstances. Please contact our team to learn more.

What happens if a judgment is made but the party refuses to pay?

If a judgment is ordered against a party but they refuse to pay, you can commence enforcement proceedings. These may include garnishee orders (against bank accounts), charging orders (against property), or examination of the judgment debtor's assets. You can also explore bankruptcy or insolvency proceedings. Ultimately, recovery would depend on the judgment debtor’s assets. The choice of which enforcement mechanism to use depends on the specific facts and circumstances of each case. Please contact our team to discuss further.

What are my options for resolving a dispute without going to court?

Parties involved in a legal dispute may, in appropriate cases, consider alternative dispute resolution as a means of resolving the matter without formal court proceedings. Common alternatives include mediation and arbitration, each of which serves a different purpose and offers distinct advantages depending on the nature of the dispute and the parties’ objectives.

Mediation is a voluntary process in which a neutral mediator facilitates discussions between the parties to help them reach a mutually acceptable settlement; the mediator does not impose a decision. If the parties are unable to reach an agreement, the mediation ends without a binding settlement and the dispute remains unresolved. Arbitration, by contrast, is a more formal process in which a neutral arbitrator (or a panel of arbitrators) hears evidence and arguments from the parties and renders a final award that is generally enforceable like a court judgment.

Aside from mediation and arbitration, the parties may negotiate with each other and discuss the dispute directly, with or without legal representation, with the aim of reaching a voluntary and mutually acceptable agreement without involving a third-party. Negotiation can be a quicker and less costly way to resolve disputes while preserving the relationship between the parties. In order to negotiate from a position of strength, it is important to fully comprehend the merits and intricacies of each parties’ case. Negotiation may also be strategic and time-sensitive. Please contact our team to explore further.