Litigation and enforcement in Hong Kong: overview

Litigation Large commercial matters are typically commenced in the Court of First Instance of the High Court (CFI) with any appeal going to the Court of Appeal (CA). Any appeal from the CA (permissible only on very limited grounds) is to Hong Kong's highest court, the Court of Final Appeal (CFA). Hong Kong courts seek to manage cases with the aim of lowering the cost of accessing justice and ensuring that cases are dealt with promptly and efficiently. This has resulted in more active case management and use of mediation. However, the Hong Kong courts generally adopt a common law adversarial approach.

Arbitration Arbitration remains a favoured means of resolving large international commercial disputes and offers parties confidentiality and procedural flexibility. Large construction matters and shipping matters are often resolved by way of arbitration. Hong Kong has a number of institutions that administer arbitrations, including the:

• Hong Kong International Arbitration Centre (HKIAC).

• International Court of Arbitration of the International Chamber of Commerce (ICC).

• China International Economic and Trade Arbitration Commission Hong Kong Arbitration Center (CIETAC).

Mediation Mediation is a private process where a neutral party seeks to assist parties in reaching a resolution. Institutions such as the HKIAC offer mediation facilities and maintain a panel of mediators. Mediation can be used in conjunction with other dispute resolution procedures. The use of mediation as part of the litigation process has increased after the introduction of the Civil Justice Reform (CJR) in 2009. In proceedings where the parties are legally represented, solicitors must file a mediation certificate indicating whether the represented party is willing to participate in mediation (paragraph 9, Practice Direction 31