Litigation and Dispute Resolution
The TDW Litigation and Dispute Resolution team concentrates on resolving disputes promptly and with minimum disruption to commercial relationships. We invest time and effort in mediation and related alternative dispute resolution. However, if it is inevitable, our experience in commercial litigation and dispute resolution procedures enables us to deal effectively with disputes in the various courts and tribunals of Hong Kong.
The majority of the firm's work is conducted in the High Court, including various specialised divisions, such as the Commercial List and the Construction and Arbitration List. We also conduct cases in various specialised tribunals and for various professional associations. Additionally, we handle arbitration under the Hong Kong Domestic Arbitration Rules and under the rules of various international bodies, such as the International Chamber of Commerce.
We act as process server for overseas law firms who need to conduct legal business in Hong Kong including taking depositions or evidence for use in overseas proceedings.
The firm acts on a wide variety of cases, many of which have involved landmark decisions. Types of litigation handled include the following:
- Administrative law and judicial review
- Breach of contract and negligence
- Commercial conspiracy and fraud
- Debt recovery
- Injunction proceedings
- Intellectual property
- International trade
- Investment disputes related to listed companies
- Joint venture and franchise disputes
- Landlord and tenant
- Mortgage actions
- Owner operated company and shareholder disputes
- Professional negligence
- Sale of goods and services
- Trade finance
- The litigation department has a developed practice in shareholders' disputes which have resulted in derivative actions or winding-up petitions based upon just and equitable grounds;
- As part of its regulatory work, the department frequently acts for directors or senior executives in quoted companies in assisting in investigations by the SFC in Hong Kong;
- The department is also experienced in white collar crime and it frequently acts for overseas victims in applying for asset freezing orders in Hong Kong;
- The department also has frequent instructions to act for or against financial advisers relating to breach of contract, negligence and breach of fiduciary duties; and
- The department has a developing focus in alternative dispute resolutions such as mediation and arbitration. Mark Side is a CEDR accredited mediator and has solid experiences in acting as mediator.