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Business litigation in Hong Kong
Businesses in Hong Kong can sometimes be faced with either receiving or having to file for a lawsuit in Hong Kong. Any disputes, legal claims and other legal matters that may arise must be resolved according to law and by observing the legal court system in Hong Kong. If, for any reason, you are interested in entering a litigation process, our litigation attorneys in Hong Kong can help you solve any dispute or judicial matter.
Our law firm in HK specializes in various legal areas, including commercial law, corporate legislation, employment law and even family law.
Our lawyers invite you to watch a short video about dispute resolution in Hong Kong:
Hong Kong court structure
In Hong Kong, commercial disputes are brought before the Court of First Instance of the High Court, that has unlimited jurisdiction on all civil matters. The most common types of civil proceedings that are brought before this court include:
– breaches in agreements;
– intellectual property;
– bankruptcy and/or company dissolution;
– tort and admiralty;
– real property.
Specific types of disputes include banking and financial disputes. In general, foreign lawyers do not have rights of audience in Hong Kong. If you need legal representation in a commercial dispute, our Hong Kong lawyers can offer you legal representation in court.
Court proceedings in Hong Kong
Commercial disputes in Hong Kong usually have public court proceedings. Some exceptions when the proceedings are held privately include cases that refer to intellectual property, trusts, certain bankruptcy and company dissolution matters or obtaining evidence for foreign courts.
Court proceedings commence when the claimant issues and serves process on a defendant residing in Hong Kong. This can be done by personal service, service by registered post or service by insertion through the letter box. Once the defendant has been informed of the legal proceedings, he or she must acknowledge them within 14 days after receiving the notice and inform the other party if he or she wishes to defend the action.
There are certain cases in which a plaintiff can obtain judgement on a case without proceeding to trial. Arbitration and mediation are alternative dispute resolution methods in Hong Kong based on consensual dispute resolution.
A separate division of our team can assist foreign nationals who wish to contest a decision issued by the Immigration Department or re-apply for residency in Hong Kong. While clear eligibility criteria are in place for this process, our lawyers specializing in disputes can provide counselling as needed if your application was rejected. You can rely on our full legal assistance.
Should you find yourself confronted with issues concerning immigration matters, our lawyers can help answer your questions and, as needed, sort any issues that may arise with the Immigration Department. Our immigration lawyers in Hong Kong can help represent your best interests in front of the immigration authorities and can help clarify legal issues that may arise concerning your right of abode.
Our immigration experts can also answer many common questions about immigration to Hong Kong. Whether you have questions about the right visa or entry permit applicable in your case, or where you should lodge the application, we can help clarify the steps for you. Moreover, if you will be joined by a spouse, we can give you complete information on the steps to follow so that you can both reside in the HKSAR.
We provide complete solutions in many types of disputes and we also have a specialized divorce lawyer in Hong Kong.
If you are doing business in Hong Kong and are in need of legal representation or if you are interested in cross-border litigation, please contact our litigation attorneys in Hong Kong. If you need legal services in other countries, such as New Zealand, we can put you in touch with our local partners.