More

Dispute Resolution in China

Wherever legal disputes arise in the PRC, we will strive to ensure that our clients are offered legal services of the highest quality. We not only provide constructive and practical proposals for clients to prevent disputes, but also formulate countermeasures and solutions for litigations or arbitrations on a case-by-case basis.

We represent clients in all kinds of legal proceedings, including pre-litigation investigations, evidence taking, assets preservation, commencement of litigation or arbitration proceedings, applying for enforcement, etc. With years of experience in dispute resolution, including playing important roles in a number of complicated PRC-related landmark cases, we have become one of the most preferred law firms for dispute resolution for local and foreign companies. In addition to offering traditional litigation and arbitration services, our China Practice team also provides comprehensive dispute resolution services for clients, such as internal due diligence investigations, bankruptcy debt restructuring and negotiations.

We specialize in developing overall litigation strategies and liaising with professionals from various fields to address the core issues of disputes. With our expertise and communication skills, we fully capitalize on the strengths of our professional lawyers and work together to effectively handle cross-jurisdictional commercial disputes and efficiently deliver cross-border legal services for clients in major cases. Our dispute resolution services include:

  • representing clients in PRC arbitrations, foreign-related arbitrations and international arbitrations, and seeking recognition and enforcement of foreign judgments and arbitral awards in the PRC;
  • representing clients in foreign-related civil and commercial litigations, intellectual property and administrative cases and criminal litigation involving corporate clients in the PRC;
  • conducting legal analysis in the company’s internal investigations on any potential infringement by employees of the legitimate interests or intellectual property rights of the company or violation of anti-bribery law or corporate management system; and
  • representing clients in commencing or proceeding with bankruptcy procedures, and advising on the formulation and implementation of clients’ PRC and cross-border bankruptcy, liquidation and reorganization plans.

If you would like to know more about our China Law practice or how we can help your business, please contact us at (852) 2810 1212 or at china@onc.hk

Please refer to our articles in ‘Knowledge’

Recommended Posts

Opposing the Enforcement of PRC Arbitral Award on Public Policy Ground? Not as Easy as You Think!
Introduction Pursuant to the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region, subject to certain conditions, Hong Kong courts shall enforce arbitral awards made by recognized PRC arbitral authorities; and vice versa, the designated PRC courts shall enforce Hong Kong arbitral awards. One of the conditions under which Hong Kong courts may refuse to enforce a PRC arbitral award is where the enforcement of the award would be contrary to public policy. The Court of Appeal decision Gao Haiyan & Anor v Keeneye Holdings Ltd & Anor [2012] 1 HKC 335 illustrates the Court’s narrow and stringent interpretation of the public policy ground for refusal of enforcement of arbitral award.
Updates on the mutual enforcement of arbitral awards between the PRC and the HKSAR
Prior to the transfer of sovereignty over Hong Kong in 1997, mutual enforcement of arbitral awards between the PRC and Hong Kong was carried out pursuant to the New York Convention (the United Nations Convention on the Recognition and Enforcement of Foreign Arbitral Awards). However, as Hong Kong then became a Special Administrative Region of the PRC in 1997, such an arrangement ceased to apply as it is only applicable between sovereign states. Without the New York Convention in place, there had been a period when it was difficult to enforce PRC arbitral awards in Hong Kong and vice versa before the Arrangement Concerning Mutual Enforcement of Arbitral Awards between the Mainland and the Hong Kong Special Administrative Region (the “Arrangement”) came into effect in February 2000. Pursuant to the Arrangement, enforcement of PRC arbitral awards in Hong Kong and enforcement of Hong Kong arbitral awards in the PRC are again made possible. Yet, the Arrangement contains several limitations which had, in the past, led to some applications for enforcing arbitral awards prone to being refused by the PRC and Hong Kong Courts.
When Can a Person be Prosecuted in Hong Kong for a Cross-border Crime?
In modern times, with the advancement of technologies, some crimes are no longer restricted by geographic or territorial limits. A person does not necessarily have to be physically present in the place where the crime is intended to take place. A crime can also be committed in a place where the intended results occur elsewhere. In such kind of cross-border crimes, do Hong Kong Courts have jurisdiction to try the crimes? This article explores the extra-territorial criminal jurisdiction of the Courts in Hong Kong.
Back to top