Commercial Litigation

Alvan Liu & Partners is distinguished in commercial litigation from the legal firms engaging in general litigation practice. Understanding clients' needs and protecting clients' interests is the goal of the Firm's professional litigation team. The Firm has handled high power litigation and arbitration including having acted for a listed group in China in an arbitration at the London Metals Exchange against a United States company claiming for USD 2 billion. We pursue litigation effectively and efficiently with the aim of achieving satisfactory results for clients.

 

Specific Areas of Commercial Litigation

 

  1. Actions Relating to Financial Services and Corporate Debt Restructuring

    We have actively advised clients in this contentious area. In one case, we acted for a client and successfully obtained an anti-suit injunction against a licensed bank in relation to a dispute concerning substantial amount of banking facilities. 

  2. Claims and Disputes concerning Bills of Lading
    We have advised clients in this specific commercial area. In one case, we acted for a client in an action against a bank based on bills of lading with claims over HK$100 million.

  3. Sale of Goods Claims
    We have advised both buyers and sellers in numerous sale of goods disputes, and have achieved satisfactory results for our clients by obtaining summary or final judgments or by way of settlement.

  4. Winding Up and Insolvency Cases
    We have an active practice in contentious winding up cases, some of which involved publicly listed companies. We have obtained orders for petitioners for the appointment of provisional liquidators to receive the assets of debtor companies. In one case, we acted for a PRC publicly listed company opposing a winding-up petition presented by a foreign company to the Hong Kong court.

  5. Shareholder Disputes
    We have provided advice to clients in protection of minority shareholders, unfair prejudice cases, enforcement of shareholders agreements.

  6. Arbitrations and Enforcements of Arbitration Award
    Our reputation in litigation earned us instructions to act for substantial companies including companies publicly listed in Hong Kong and China in arbitration cases. In one case, we acted for a PRC listed company for arbitration at the London Metals Exchange with very substantial claims. We have acted for clients in the enforcement of arbitration awards obtained outside of Hong Kong.

  7. Contractual claims
    We have advised clients over disputes relating to different kinds of contracts and agreements, such as joint venture agreements, investment agreements, partnership agreements, share option agreements, manufacturing agreements, agreements concerning acquisition of shares in listed companies.

  8. Claims based on guarantees
    The law of guarantee is complicated and, we have acted for clients to successfully enforce guarantees and defend claims based on guarantee.

  

Injunctions
Applications for injunction require a team of legal professionals having highly technical skill. Furthermore, injunctive applications usually require efficient discharge of works in urgent circumstances. Our team of litigators have successfully obtained various kinds of injunctions in favour of our clients, including: anton piller orders, Mareva injunctions, anti-suit injunctions, injunctions in intellectual property disputes, restrictive injunctions to prevent disruption in construction sites, injunctions to prevent nuisance, injunctions to stop breaches of deed of mutual covenant, and injunction to prevent molest.

  

We have post up some judgments of the cases handled by us on our Web Site at: www.alp-legal-service.com.  Please visit our web site to know more about our Firm.