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As a leading business litigation firm in Hong Kong, Timothy Loh LLP excels at commercial and corporation litigation and the resolution of disputes through ADR (alternative dispute resolution) including arbitration and mediation. In this latter regard, our team includes Hong Kong qualified mediators and lawyers to represent clients in mediations as well as Hong Kong lawyers experienced in arbitrations administered by the Hong Kong International Arbitration Centre ("HKIAC") and the China International Economic and Trade Arbitration Centre ("CIETAC"). Our Commercial and Corporate Litigation and ADR practice is part of our wider Dispute Resolution practice.
In commercial and corporation litigation, litigators at Timothy Loh LLP have represented clients in shareholder disputes, advising on breaches of shareholder agreements, unfair prejudice remedies, breaches of director duties, non-compliance with the Companies Ordinance, the Securities and Futures Ordinance and the HKEX Listing Rules, and winding-up on just and equitable grounds, in insolvency proceedings, as well as in a full range of commercial disputes where there may be allegations of misrepresentations, misappropriation of assets, breaches of contract, breaches of fiduciary duties or breaches of tortious duties.
Representation in
Hong Kong’s Courts
Contact Us Our Hong Kong litigation lawyers have experience representing clients at both trial and appellate levels, including Hong Kong’s Court of First Instance (“CFI”), the Court of Appeal (“CA”) and the Court of Final Appeal (“CFA”). Our cases have set market leading precedents. We have a strong track record of success including at the CFA.
Alternative
Dispute Resolution (ADR)
Contact Us In ADR, our lawyers have represented clients in both arbitration and mediation. Our team includes lawyers who can act as mediators and who can advise and represent clients on the successful resolution of disputes through mediation. In arbitration, our lawyers have represented clients in arbitral proceedings administered before a range of arbitral institutions, including arbitrations administered by the HKIAC and CIETAC.
Financial
Dispute Resolution
Contact Us Our commercial and corporate litigation lawyers have particular experience in financial dispute resolution, whether relating to financial market transactions or the provision of financial services, including claims for mis-selling of financial products, claims for professional negligence in the context of the provision of investment advice and claims for breaches of contractual, fiduciary or tortious duties owed by financial institutions to clients. We have represented financial institutions both firms licensed by the Securities and Futures Commission (“SFC”), firms regulated by the Insurance Authority (“IA”), and banks regulated by the Hong Kong Monetary Authority (“HKMA”) as well as their clients. Our in-depth understanding of financial market practices and digital technologies ensures a sophisticated approach.
Contentious
Insolvency
Contact Us In conjunction with our insolvency and restructuring practice, lawyers in our commercial and corporate litigation practice assist clients in contentious insolvency matters before the Hong Kong courts. We provide advice to creditors, directors and shareholders of private and listed companies as well as to individuals.
Let us arrange an appointment with our award-winning lawyers for your case
Contact UsFREQUENTLY ASKED QUESTIONS
Q1: How can your firm help if I believe my contractual counterparty has defaulted on his obligations?
Our Hong Kong litigation lawyers can help to review the contract and the background to identify whether there has been a breach of the contract. If there is a possible breach of the contract, we can form and implement a strategy to put pressure on the contractual counterparty to rectify the breach or to pay damages. This may include issuing a demand letter or, in appropriate cases, a statutory demand, or taking such other action as may be needed to create a necessary evidential trail for any future proceedings. We can help to advise on whether to call a termination of a contract for breach and if so, how to do so.
If you would like our advice, please contact one of our dispute resolution lawyers.
Q2: How can your firm help if I have been the subject of an injunction?
Our Hong Kong litigation lawyers can help to review the terms of the injunction, including freezing orders, and, if the injunction order was made on an ex parte basis (i.e. without you having had the opportunity to be represented at the time the application for the order was heard), we can help to advise on the possibility of discharging the injunction or modifying the terms of the injunction.
If you would like our advice, please contact one of our dispute resolution lawyers.
Q3: How can your firm help if I have received a writ of summons?
A writ of summons commences proceedings in a Hong Kong court. Our Hong Kong litigation lawyers can advise on the consequences of the writ of summons if left undefended, the likelihood of the claims set out in the writ of summons being successful and the steps to defend those proceedings. If you are located outside of Hong Kong, we can advise on the possibility of challenging the jurisdiction of the Hong Kong court.
If you would like our advice, please contact one of our dispute resolution lawyers.
Q4: Can I work with your firm to pursue my claims on a success fee basis?
As a Hong Kong law firm, we are generally prohibited from representing clients in contentious matters on a success fee basis. However, in certain circumstances, within the context of insolvency or arbitration, success fees are permissible. In these cases, where we regard the claim as being particularly meritorious and there is a clear path to enforcement of any monetary damages award, we may act on the basis that our legal fees will comprise a base fee calculated at a discount to our usual rate plus an uplift in the event the claim succeeds.
It is frequently only commercially viable for a claim to proceed on a success fee basis if the amount of the claim is significant. This is because, the cost of pursuing a claim is high and if the claim does not exceed a minimum level, it is impossible to recoup a sufficient amount to make it worthwhile after legal fees have been deducted.
If you would like to discuss the possibility of our firm representing you on a success fee basis, please contact one of our dispute resolution lawyers.
Q5: Are there options available to finance my claim?
Hong Kong law generally prohibits third party funding of claims to be made by one person against another person. However, in certain circumstances, a third party is permitted to fund such claims. Where we regard the claim as particularly meritorious and there is a clear path to enforcement of any monetary damages award, we may introduce a third party funder to a client to assess the possibility of financing for the client’s claim.
One advantage of third party funding is that such funding may include not only the legal fees payable to us but also disbursements, adverse cost orders and security for costs (where applicable).
It is frequently only commercially viable for a third party to fund a claim if the amount of the claim is significant. This is because, the cost of pursuing a claim is high and if the claim does not exceed a minimum level, it is impossible to recoup a sufficient amount to make it worthwhile both for the third party funder and the claimant after legal fees have been deducted.
If you would like to discuss the possibility of a third party funding your claim, please contact one of our dispute resolution lawyers.
Learn more about Commercial Litigation & Alternative Dispute Resolution in our FAQ page
FAQ