In Hong Kong courts, parties to legal proceedings are entitled to represent themselves. While they have the right to legal representation (as guaranteed by the Basic Law), they can also choose not to be represented by a lawyer. Those who choose to represent themselves are referred to as Litigants in Person (LIPs). Lawyer-representation VS self-representation Some people may choose to represent themselves in court because they think that it is better to talk to the judge or jury directly, or they cannot afford the legal fees. While you can choose to represent yourself or to be represented by a lawyer in legal proceedings, there are pros and cons with each option:  Type of RepresentationProsConsLawyer-representationAs lawyers have the relevant legal knowledge and experience, they are more well-equipped and experienced in structuring arguments with enough relevant legal authorities and evidence. They would also know how to defend possible arguments raised by the opposite party.It is often very costly to hire lawyers without getting legal aid because they usually charge by the hour and a case can go on for years if not months. There may be different consequences to making certain moves in a case, and a LIP may overlook one option and suffer the consequences. A lawyer can assist in prioritising the consequences and advising on the option with less severe adverse effects. As lawyers have more than one case to deal with at a time, they may not be able to spare as much time and focus on handling one case as a LIP would. Self-representationRepresenting yourself in court saves legal costs as lawyers are usually expensive to hire if you cannot obtain legal aid.It is difficult for LIPs to win arguments by using “common sense” because there must be sufficient evidence and legal authorities to support the arguments.With technological advances, it has become easier and more common for people to represent themselves in court because they have more access to legal

Cross-border contracts are contracts typically entered into by two parties from different countries or jurisdictions. Generally, to have the right to sue for a breach of contract, one must be a party to the contract. Upon one party’s breach of contract, the other party may choose to take different measures, such as to continue to act on the contract but sue the breaching party for compensation. Suing another party in Hong Kong for breaching a cross-border contract If you wish to sue someone in Hong Kong for breaching one or more terms of a cross-border contract, the first and most important factor that you need to consider is whether there is an exclusive jurisdiction clause in the contract. An exclusive jurisdiction clause is included in a contract if the parties wish all contractual disputes to be determined or adjudicated by the courts of a particular country or jurisdiction. The main purpose of including this clause is to ensure certainty and consistency. An exclusive jurisdiction clause may look like this: “Each of the parties to this Agreement irrevocably agrees that the courts of Hong Kong shall have exclusive jurisdiction to hear and decide any suit, action or proceedings, and/or to settle any disputes, which may arise out of or in connection with this Agreement or its formation or validity and, for these purposes, each party irrevocably submits to the jurisdiction of the courts of Hong Kong.” If the jurisdiction clause is exclusive, this means that the parties can only litigate in the courts specified. If the clause is non-exclusive, it means the parties can also sue in other jurisdictions relevant to the contract. What if the contract does not contain a jurisdiction clause? However, if the cross-border contract does not contain a jurisdiction clause, the rules of private international law would determine which court(s) can settle any dispute arising from the contract. The starting point is that the prospective defendant would be

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 disputesContractual disputesBankruptcy 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 arbitrationMore predictable litigation outcome based on the decisions of similar precedent-setting casesFuller 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: Employment disputes: Employment disputes may arise from payment of wages, termination of employment, Mandatory Provident Fund, leave, end of year payments and other employment conditions. If you are involved in a dispute in relation to employment contracts and you wish to initiate legal action against another party, your case will be heard by the Labour Tribunal. For claims relating to work-related injuries, they will be brought before the District Court. An employment claim may be brought under the Employment Ordinance (Cap. 57), the Factories and Industrial Undertakings Ordinance (Cap. 59), the Employees’ Compensation Ordinance (Cap. 282), the Occupational Safety and Health Ordinance (Cap. 509),

It is inevitable that businesses have disagreements with other businesses and individuals. When you are involved in a business dispute, it is best to resolve it in a timely and cost-effective way. There are at least three ways to resolve a business dispute: Mediation What is it?: Mediation is a voluntary process in which the mediator helps the disputed parties to reach a settlement. The mediator is an impartial and trained third person. ProsConsParties can avoid confrontation and conflicts with each other.If one party is withholding information, it may cause difficulties in conducting the mediation process.Parties can freely reach agreements and make their own decisions, so there is greater flexibility.If the mediator is unskilled, it may contribute to an unproductive resolution.Parties can save money and time because the mediation process can be completed within a day.Either party can withdraw from the mediation proceeding at any time, which may also result in a waste of money, effort and time.The terms of the settlement can be kept confidentially.The mediation cost may be wasted if the dispute cannot be resolved by mediation.Mediation can help the parties in maintaining and improving their relationships.During the mediation process, information may be given away from one party to the other party, which may benefit the other party. Arbitration What is it?: Arbitration is a process in which, upon the parties’ agreement, a dispute is submitted to the arbitrator(s) to make a binding decision regarding the dispute. ProsConsThere is flexibility within the arbitration process because the parties can choose the arbitrator(s).The arbitration decision requires the parties to act in good faith and the arbitrator’s power is not as strong and wide as the court’s power.The parties can ensure that the arbitration is neutral by not only choosing a neutral nationality of the arbitrator(s) but also selecting other important elements neutrally, such as the

Business disputes are inevitable parts of running a business. They relate to any kind of disagreement over the terms of an agreement that has been signed between two businesses or between an individual and a business. There are different types of business disputes, which means that various types of actions can be taken when you are in a dispute. While these disputes can be financially draining and irritating, there are ways to resolve them. 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 disputesContractual disputesBankruptcy and winding-up Ways to minimise conflict and dispute Before taking any legal action, there are at least three steps that businesses can take to limit the amount of business disputes that they may encounter: Set up policies and procedures: They can help govern day-to-day transactions and interactions with other businesses and individuals, so the possibility of being involved in disputes can be reduced.Put everything in writing: Certain disputes arise due to a lack of documented business arrangements, especially when arrangements have been agreed orally. Putting everything in writing helps minimise disagreements on what the parties have originally agreed to. In addition to signed contracts, written records can also include email or instant messages.Adopt and develop collaborative practice: Using a collaborative approach and encouraging settlement and negotiation (e.g., mediation and arbitration) rather than litigation not only helps to avoid the expense of courtroom litigation but also improves business relationships between the parties. Legal actions If, at the end, the disputes have not been resolved, there are also a variety of legal actions that can be taken: Employment disputes: Employment disputes may arise from payment of wages, termination of

Business disputes are inevitable parts of running a business. They relate to any kind of disagreement over the terms of an agreement that has been signed between two businesses or between an individual and a business. There are different types of business disputes, which means that various types of actions can be taken when you are in a dispute. While these disputes can be financially draining and irritating, there are ways to resolve them. 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 disputesContractual disputesBankruptcy and winding-up Ways to minimise conflict and dispute Before taking any legal action, there are at least three steps that businesses can take to limit the amount of business disputes that they may encounter: Set up policies and procedures: They can help govern day-to-day transactions and interactions with other businesses and individuals, so the possibility of being involved in disputes can be reduced.Put everything in writing: Certain disputes arise due to a lack of documented business arrangements, especially when arrangements have been agreed orally. Putting everything in writing helps minimise disagreements on what the parties have originally agreed to. In addition to signed contracts, written records can also include email or instant messages.Adopt and develop collaborative practice: Using a collaborative approach and encouraging settlement and negotiation (e.g., mediation and arbitration) rather than litigation not only helps to avoid the expense of courtroom litigation but also improves business relationships between the parties. Legal actions If, at the end, the disputes have not been resolved, there are also a variety of legal actions that can be taken: Employment disputes: Employment disputes may arise from payment of wages, termination of