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Pre Suit Settlement Agreement Template for Hong Kong

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Key Requirements PROMPT example:

Pre Suit Settlement Agreement

"I need a Pre-Suit Settlement Agreement under Hong Kong law for a commercial dispute between my technology company and a software supplier, with a settlement sum of HKD 2.5 million to be paid in installments by March 2025, including strict confidentiality provisions and mutual non-disparagement clauses."

Document background
A Pre-Suit Settlement Agreement is utilized when parties wish to resolve their disputes amicably before initiating formal legal proceedings in Hong Kong courts. This document is particularly valuable for businesses and individuals seeking to maintain commercial relationships while effectively addressing disputes. It typically includes detailed terms of settlement, payment arrangements, mutual releases, and confidentiality provisions, all structured in accordance with Hong Kong law and practice. The agreement serves as a cost-effective alternative to litigation, providing certainty and finality to disputes while maintaining confidentiality. It's commonly used across various industries where parties recognize the benefits of early dispute resolution and wish to avoid the time, expense, and uncertainty associated with formal litigation.
Suggested Sections

1. Parties: Identifies all parties to the agreement, including full legal names and addresses

2. Background: Describes the context of the dispute and the parties' desire to settle without litigation

3. Definitions: Defines key terms used throughout the agreement

4. The Dispute: Detailed description of the dispute or claim being settled

5. Settlement Sum: Specifies the amount to be paid and payment terms

6. Payment Terms: Details the mechanism, timing, and method of payment

7. Release: Mutual release of claims related to the dispute

8. Confidentiality: Obligations to keep the settlement and its terms confidential

9. Entire Agreement: Confirms this document represents the complete agreement between parties

10. Governing Law: Specifies Hong Kong law as governing law

11. Execution: Signature blocks and execution formalities

Optional Sections

1. Non-Admission of Liability: Statement that settlement does not constitute admission of liability - used when specifically requested by settling party

2. Tax Implications: Addresses responsibility for tax arising from settlement payment - used when settlement sum is substantial

3. Non-Disparagement: Prevents parties from making negative statements about each other - used in sensitive or public-facing disputes

4. Return of Documents: Procedures for returning confidential documents - used when sensitive documents were exchanged

5. Future Cooperation: Obligations to cooperate in related matters - used when ongoing relationship exists

6. Insurance: Provisions relating to insurance claims - used when insurance is involved in settlement

7. Variation: Procedures for varying the agreement - used in complex settlements

Suggested Schedules

1. Schedule 1 - Payment Schedule: Detailed payment timeline if settlement involves installments

2. Schedule 2 - Released Claims: Comprehensive list of claims being settled and released

3. Schedule 3 - Related Proceedings: List of any related legal proceedings affected by the settlement

4. Schedule 4 - Settlement Steps: Detailed steps and timeline for implementing settlement terms

5. Schedule 5 - Form of Release: Template of any additional release documents to be signed

6. Appendix A - Supporting Documents: List of key documents relevant to the settlement

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓÆµ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
































Clauses





























Relevant Industries

Financial Services

Insurance

Banking

Real Estate

Construction

Manufacturing

Retail

Professional Services

Technology

Healthcare

Transportation

Energy

Telecommunications

Education

Hospitality

Relevant Teams

Legal

Compliance

Risk Management

Finance

Executive Management

Commercial Operations

Business Development

Company Secretariat

Corporate Affairs

Internal Audit

Relevant Roles

Legal Counsel

General Counsel

Chief Legal Officer

Risk Manager

Compliance Officer

Chief Executive Officer

Chief Financial Officer

Commercial Director

Business Development Manager

Contract Manager

Claims Manager

Dispute Resolution Officer

Company Secretary

Head of Legal

Senior Legal Manager

Industries






Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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