Hong Kong Litigation Forecast: What to Expect in 2026

As we move into 2026, Hong Kong's commercial litigation landscape is set for another dynamic year. We expect to see an uptick in disputes across fraud-related claims, cryptocurrency and insolvency, alongside greater judicial collaboration and continued digital transformation of the court process.

We have identified five key trends that could impact your risk profile and litigation strategy in the year ahead: 

1. Fraud claims and asset recovery on the rise

We are seeing a surge in high-value claims arising from fraud allegations, particularly following complex commercial transactions that have collapsed. These include disputes involving false misrepresentations, as well as actions against IPO sponsors and other professional advisers for alleged due diligence failures. For businesses, this means asset preservation and recovery measures, such as freezing orders and disclosure orders, are likely to become more common. Hong Kong Courts are expected to continue granting these remedies robustly, as parties race to trace and recover misappropriated funds.

2. Crypto disputes go mainstream

As more institutions adopt digital assets, disputes in this area have moved to the forefront of commercial litigation. Hong Kong Courts have been leading the way, delivering landmark decisions that recognise cryptocurrency as property, as well as pioneering the innovative use of tokenised injunctions (court orders recorded directly on the blockchain) to freeze digital assets linked to fraud. We expect the Courts to continue applying established legal principles and adapting legal tools to digital assets. 

3. Insolvency litigation intensifies

Company insolvencies are expected to remain high in 2026 as economic headwinds continue to weigh on businesses. We anticipate an increase in breach of duty claims against directors and professional negligence claims against company auditors. At the same time, creditors are adopting increasingly assertive tactics in their pursuit of recovery, including parallel proceedings across jurisdictions, contesting schemes of arrangements, and seeking recognition of foreign and Mainland insolvency processes under common law and the cross-border pilot scheme on mutual recognition and assistance. 

4. Cross-border judicial collaboration

Cross-border disputes are rising, and the Hong Kong Courts are increasingly granting interim and urgent relief to support proceedings in the Mainland and other jurisdictions. Additionally, the regime for reciprocal enforcement of judgments between Hong Kong and the Mainland has been streamlining cross-border remedies, making enforcement faster, more predictable and cost-effective. Organisations operating across borders should factor these developments into their dispute resolution strategies.

5. Digital transformation in the Courts

Hong Kong Courts are accelerating their digitalisation drive, extending electronic filing to all civil actions at the High Court and enabling remote hearings for civil matters.  These changes are aimed at reshaping how disputes are managed, reducing waiting times and the need for physical attendance, and improving efficiency in resolving disputes.

For more information, please contact Jojo Fan, Managing Partner, Paul Quinn, Partner, Rachael Shek, Partner, Truman Mak, Partner, Sara Troughton, Knowledge Lawyer or your usual Herbert Smith Freehills Kramer contact.