How do I initiate a litigation in Hong Kong for a business dispute? Which court or tribunal should I go to?

Litigation is a legal process by which the parties’ disputes are adjudicated by a judicial officer or a judge sitting in a tribunal or a court. When it comes to using litigation as a method to resolve a business dispute, a party usually institutes civil proceedings against another party, who may be a business or an individual. The courts and tribunals in Hong Kong adopt a common law adversarial approach in adjudicating cases.

Common areas of dispute

Some areas of dispute are more common than others, so it is important for business owners to be aware of these areas to prevent them at the outset. Some of these areas include:

  • Employment disputes
  • Contractual disputes
  • Bankruptcy

Initiating litigation

When a person is involved in a business dispute, they may wish to commence litigation rather than to participate in mediation or arbitration for various reasons, such as:

  • Failure in reaching an agreement in mediation or arbitration
  • More predictable litigation outcome based on the decisions of similar precedent-setting cases
  • Fuller participation in the litigation process from their representative lawyers

Which court or tribunal should I go to?

The venue at which you can initiate litigation varies depending on the type of dispute that you are involved in:

Key takeaways

  • To initiate litigation in Hong Kong, you need to file an application to the suitable court.
  • The venue at which you can initiate litigation depends on the type of dispute that you are involved in as well as the amount of compensation that you wish to claim.

Bibliography:

  1. Department of Justice, ‘Litigation’: https://www.doj.gov.hk/en/legal_dispute/litigation.html