Litigation and Dispute Resolution

"W. K. To & Co.'s competency level is above other leading firms in the region." - Legal 500

 

W. K. To & Co.'s well-established Litigation and Dispute Resolution team offers innovative and cost-effective legal solutions, which focus on our clients' strategies and commercial objectives.

 

Our Litigation and Dispute Resolution Department has an impressive track record of resolving complex and high stake legal disputes over the past 30 years. Our team is experienced at every level of the court system in Hong Kong, as well as in international arbitrations and mediations. We are experienced in handling commercial disputes with international dimensions, involving multi-jurisdictions and complex factual background.  We frequently represent multinational clients in cross-border litigation and international arbitration. Our team has vast experience and has dealt with a wide variety of cases, many of which have involved landmark decisions. 

 

Commercial Disputes

Our lawyers are experienced in handling every type of business and commercial disputes, including those high stake commercial disputes with international dimensions, involving multi-jurisdictions and complex factual background.  We represent clients in a wide variety of disputes, many are urgent, large-scale, complex and multi-party.

 

  • Contractual Disputes
  • Shareholder / Partnership Disputes
  • Banking and Finance
  • Trusts and Estates
  • Taxation
  • Debt Recovery
  • Employment Disputes
  • Corporate and Personal Insolvency
  • International Trade
  • Professional Negligence
  • Defamation
  • Intellectual Property

 

Arbitration and Alternative Dispute Resolution
We are deeply experienced in conducting domestic and international arbitrations, particularly in handling high profile, complex and high stake arbitral proceedings. Among our team, there are arbitrators accredited by the Chartered Institute of Arbitrators (CIArb), the Hong Kong Institute of Arbitrators (HKIArb) and the Hong Kong International Arbitration Centre (HKIAC).

 

Employment Disputes
Our team acts for clients that include international corporations, small and medium sized businesses covering on a comprehensive range of contentious employment matters, involving everything from redundancies, restructuring, major industrial disputes to disciplinary proceedings.

 

Intellectual Property

We also cover intellectual property litigation, including infringement of trademarks, registered designs, copyright and other related issues.

 

Matrimonial and Family Disputes

The firm is experienced in conducting all kinds of matrimonial and family matters, including divorce, distribution of assets, tax and trust issues, complex children cases, inheritance and succession disputes.

 

Criminal Litigation
We advise clients who are subject to prosecution initiated by various law enforcement agencies in Hong Kong for a wide range of criminal offences (including organized commercial crimes, bribery, money laundering, traffic offences, juvenile delinquency, financial security, drug offences, assault and battery) in either pleading not guilty or conducting plea in mitigation. We also have an outstanding reputation in handling cross-border criminal cases.

 

Insolvency and Restructuring

We are deeply experienced in handling insolvency and restructuring matters for companies operating in Hong Kong, PRC and across the region.  Our specialists draw on the firm’s extensive legal expertise including litigation and arbitration, tax, real estate and employment to deliver innovative solutions for the most complex and challenging situations.  Our representative office in Beijing also gives us a unique advantage in PRC insolvency. 

 

  • Insolvency
  • PRC Insolvency
  • Shareholder Disputes
  • Corporate Rescue
  • Statutory Reorganizations
  • Insurance Insolvency
  • Distressed debt / NPL matters

 

Other Types of Disputes

Our team is experienced in resolving disputes over building construction and has rendered our legal services to leading developers, building contractors and suppliers. We also represent clients from other business sectors such as the environment protection as well as energy conservation industry.

 

 Representative Matters
  • Representing a former Taiwan listed company for global assets recovery in Hong Kong, Singapore and BVI for a total amount of around HK$2 billion.
  • Acting for a well-known listed company in Hong Kong for in a dispute of sale and purchase of land situated in the PRC at the consideration of RMB180 million.
  • Representing a worldwide registered patent holder for a new drug of estimated future revenue of about US$1.2 billion in the disputes in the interests of the patent and successfully defending the claim for client.
  • Representing a leading manufacturer and supplier of Sodium Cyanide in Anhui, PRC, to claim for damages for breach of contract for US$2 million and to defend the Counterclaim for over US$1.35 million. Successfully assisted client in reaching an amicable settlement through mediation.
  • Advising a Hong Kong listed company for its compliance requirements including anti-money laundering and anti-corruption requirements, and cross-border contract and employment disputes.
  • Acting for a Bank to successfully obtain a Mareva Injunction (i.e. freezing order) against various debtors who intended to dispose of their movable and immovable assets to evade enforcement of the banking facility advanced to their business.
  • Representing one of the vendors to an agreement for transfer of shares of a limited Hong Kong company (which owned a land development project in Beijing) for consideration of around RMB 85 million for recovery of balance of considerations in the Arbitration in the HKIAC.
  • Acting for a PRC trading company in the recovery of a payment procured by credit fraud in the region of USD 4.5 million in the liquidation of the fraudulent corporate vehicle.
  • Acting for a BVI asset holding company in its application to discharge or vary the Mareva Injunction in aid of execution of an overseas judgment.
  • Representing clients in a high-profile probate litigation opposing the pronouncement of an alleged Will in solemn form on the grounds of lack of testamentary capacity and undue influence, involving the appointment of administrators to administer assets of the Estate with assets worth over HK$ 40 million.
  • Acting for a high net worth individual in a matrimonial dispute concerning assets across multiple jurisdictions, including Hong Kong, PRC, Macau, Malaysia and Canada.

 

 

Senior Partner
Head of Litigation and Dispute Resolution Department

E-mail:vincento@wktoco.com
Tel:(852) 3628 0123

Partner
E-mail:tai@wktoco.com
Tel:(852) 3628 0136
Partner
E-mail:but@wktoco.com
Tel:(852) 3628 0134
Partner

E-mail:vivianwong@wktoco.com

Tel:(852) 3628 0005

Senior Associate
E-mail:kennychun@wktoco.com
Tel:(852) 3628 0177
Senior Associate
E-mail:ronaldto@wktoco.com
Tel:(852) 3628 0117