Extrajudicial Agreements have become increasingly important in Hong Kong's business environment as organizations seek efficient, confidential, and cost-effective means of resolving disputes outside the court system. This document type emerged from the need to formalize alternative dispute resolution processes while ensuring compliance with Hong Kong's legal framework, particularly the Arbitration Ordinance (Cap. 609) and Mediation Ordinance (Cap. 620). It provides businesses and individuals with a structured approach to dispute resolution while maintaining flexibility and confidentiality. The agreement is particularly valuable in commercial relationships where parties wish to preserve business relationships and avoid lengthy court proceedings.
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1. Parties: Identification and details of all parties to the agreement
2. Background: Context and circumstances leading to the extrajudicial agreement
3. Definitions and Interpretation: Key terms used in the agreement and rules for interpretation
4. Scope of Agreement: Clear delineation of matters covered by the extrajudicial agreement
5. Dispute Resolution Process: Detailed steps and procedures for resolving disputes outside court
6. Time Frames: Specific timelines for each stage of the dispute resolution process
7. Confidentiality: Obligations regarding confidentiality of the process and any information shared
8. Costs and Expenses: Allocation of costs associated with the dispute resolution process
9. Good Faith Obligations: Commitment to engage in the process in good faith
10. Enforceability: Provisions ensuring the agreement is binding and enforceable
11. Governing Law: Specification of Hong Kong law as the governing law
12. General Provisions: Standard boilerplate clauses including notices, amendments, and severability
1. Mediation Provisions: Detailed mediation procedures when parties opt for mediation as primary resolution method
2. Arbitration Provisions: Specific arbitration rules and procedures when arbitration is chosen as resolution method
3. Expert Determination: Procedures for expert determination when technical matters are involved
4. Emergency Relief: Procedures for obtaining emergency relief while maintaining extrajudicial nature
5. Multi-tiered Resolution: Progressive dispute resolution stages when parties want structured escalation
6. Cultural Considerations: Specific provisions addressing cross-cultural aspects of dispute resolution
7. Virtual Proceedings: Procedures for conducting dispute resolution virtually when needed
1. Schedule 1 - Dispute Resolution Procedures: Detailed step-by-step procedures for the chosen dispute resolution method
2. Schedule 2 - Fee Structure: Detailed breakdown of costs and payment schedules
3. Schedule 3 - Timeline: Detailed timeline for each stage of the dispute resolution process
4. Schedule 4 - Required Forms: Standard forms and notices to be used in the process
5. Appendix A - Code of Conduct: Rules of conduct for parties during the dispute resolution process
6. Appendix B - Confidentiality Protocol: Detailed procedures for handling confidential information
7. Appendix C - List of Approved Mediators/Arbitrators: Pre-approved list of neutral third parties if applicable
Relevant legal definitions
Clauses
Relevant Industries
Financial Services
Real Estate
Construction
Manufacturing
Technology
Professional Services
Retail
Trading and Distribution
Healthcare
Education
Hospitality
Telecommunications
Maritime and Shipping
Insurance
Relevant Teams
Legal
Compliance
Risk Management
Operations
Commercial
Corporate Secretariat
Business Development
Finance
Procurement
Executive Management
Relevant Roles
Legal Counsel
Contract Manager
Business Development Director
Risk Manager
Compliance Officer
Chief Legal Officer
Commercial Director
Operations Manager
Project Manager
Chief Executive Officer
Chief Financial Officer
Company Secretary
Relationship Manager
General Counsel
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