As we are now approaching the final few months of 2023, what trends have you seen in the Hong Kong commercial litigation space since January? This year finally saw an end to COVID-19 restrictions in Hong Kong and a total reopening of the city as a major hub for international business. Hong Kong remains a popular choice for commercial parties to resolve their Asian disputes due to its robust common law judicial system and wellrespected and independent judiciary. The shockwaves from COVID-19, supply chain disruptions and the resulting global economic downturn can be seen in the number of new business disputes we have seen, along with an uptick in the number of debt and insolvency claims coming our way in 2023. Consequently, our disputes practice has remained busy despite the global economic downturn. Similarly, the shift towards remote working, spurred on by the pandemic, has led our contentious employment practice to see an increase in crossborder disputes stemming from employees working abroad whilst under Hong Kong contracts of employment. Cybersecurity remains another key area of concern for clients in Hong Kong. With a marked 50% increase in technology-related crime in Hong Kong in the first half of this year, we continue to see commercial litigation in this area. We have received instructions during 2023 in relation to cybersecurity breaches, recovery of crypto-assets and cyber-fraud. Crypto-asset recovery actions have been assisted by the Hong Kong Courts’ recognition of cryptocurrencies as property in the recent landmark case of Re Gatecoin Limited [2023] HKCFI 914. We expect crypto litigation to remain prevalent in Hong Kong, particularly as 60 LAWYER MONTHLY OCTOBER 2023 Commercial Litigation Trends in Hong Kong Thought Leader As pandemic-era restrictions end and Hong Kong reopens fully, the city faces an array of fresh challenges across the legal sector, which remains a hub for dispute resolution in Asia. In this article we hear from Charles Allen, partner at RPC and head of the firm’s Hong Kong office, as he expands on these trends and the concerns that face the city and its judiciary post-COVID. What can we expect to see from this jurisdiction in 2024 and beyond?
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