Litigation and Arbitration

Our dispute resolution team has experience in a wide range of commercial litigation matters. The principal areas on which the practice group advises are:-

Commercial Transactions

Our lawyers advise regularly on a wide range of disputes concerning commercial agreements and transactions, such as shareholders’ disputes, partnership disputes, joint ventures, distributorship agreements, agency agreements, licensing, etc.

Banking

Our lawyers are experienced in advising major banks in relation to a wide range of problems including secured lending recovery, mortgagee action, injunctive relief against third party guarantee, enforcement of third party security, and problems associated with bills of exchange.

Trade Finance

All aspects of documentary credits and other forms of trade finance including specific advice on the provisions of the codes published by the International Chamber of Commerce, advice relating to bills of exchange and associated trade financing documentation such as pledges, trust receipts and similar agreements.

Employment

We are experienced in advising on a wide range of issues concerning employment and dismissal of staff, the contractual implications thereof and advice on the implications of employment law.

Corporate Fraud

Our lawyers have experience in dealing with allegations of large scale corporate fraud and have developed good working relationships with the regulatory authorities, the police and specifically the Commercial Crime Bureau, and have advised listed companies and individuals on the remifications of a variety of legislations relevant in this area.

Regulatory

Our dispute resolution team has advised listed companies on their dealings with the regulatory authorities including the Securities and Futures Commission and the Hong Kong Stock Exchange, and on administrative law remedies including applications for judicial review.

Our team is also experienced in dealing with civil and criminal proceedings involving insider dealing and market manipulation and has represented "implicated" person in Insider Dealing Inquiry and defendants in courts instituted by the Department of Justice under the Securities (Insider Dealing) Ordinance.

Insolvency

Our team has advised liquidators in respect of members’ and creditors’ voluntary winding-up, liquidators’ duties and various legal issues including misfeasance claims against former directors, preferential claims, and other related claims.

Situations where companies are in financial distress frequently give rise to disputes and litigation. These often involve:-

• Enforcement of securities, guarantees and facility agreements
• Debt recovery process
• Management and shareholder disputes
• Partnership disputes
• Regulatory proceedings
• Legal actions against company directors

Our commercial litigation team has extensive experience in various kinds of disputes, and is capable of dealing with those disputes taking into account the company’s financial circumstances.

Defamation

Our team is experienced in dealing with defamation claims made against individuals and companies.  We assist clients in applying for injunction Court order restraining the Defendants from publishing and/or disseminating defamatory words and/or materials.