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With the launch of this new Guide, our market-leading litigation team has wrapped up a three-year project during which it produced eight issues of the Contract Disputes Practical Guide series for Hong Kong, an initiative that has been hugely popular with clients in the territory. We have also published similar individual issues in Chinese, which have gained impressive traction in both Hong Kong and Mainland China.
The Guide (i) provides drafting tips for in-house legal counsel who negotiate or manage commercial contracts that apply Hong Kong law; (ii) highlights legal pitfalls to avoid disputes before they arise; and (iii) aims to act as the first point of reference if issues do arise.
It has eight chapters featuring the following topics: formation of and interpretation of contracts, pre-contractual statements (misrepresentation and other possible causes of action such as negligent statements), good faith and endeavours obligations, termination of contract, remedies for breach of contract, liquidated damages, limitation and exclusion clauses, and dispute resolution and governing law clauses.
The Guide is practical and user-friendly and we hope it will be of use not only to in-house legal counsel but also to those on the commercial side of an organisation. With so many regional contracts executed under Hong Kong law, we hope that the Guide will be equally popular with clients from other parts of Asia as well as Hong Kong.