HOW TO SHOP

1 Login or create new account.
2 Review your order.
3 Payment & FREE shipment

If you still have problems, please let us know, by sending an email to support@website.com . Thank you!

SHOWROOM HOURS

Mon-Fri 9:00AM - 6:00AM
Sat - 9:00AM-5:00PM
Sundays by appointment only!
PUBLICATIONS & PAPERS BACK TO INDEX

Costs, Judicial Discretion and the Encouragement of ADR in Hong Kong

by David Levin

David Levin QC (2009) July Asian Dispute Review

Court rules across the Common Law world reflect that, until recently, a party rejecting a proposed settlement offer usually bears little risk of an adverse costs order unless the offer exceeds the judgment or award ultimately obtained.  Is this a sensible approach?  The new court rules in Hong Kong provide an excellent opportunity for courts to follow current English practice and encourage and support the adoption of a sensible negotiating position by parties to litigation. A high-handed rejection of a low but not obviously unreasonable offer which unreasonably stymies further ADR endeavours should put the rejecting party at risk of losing all or part of the costs even if it does ultimately obtain more than the offer.

TOP