Rouse Legal (Hong Kong and Vietnam) Terms of Business

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1 Rouse Legal (Hong Kong and Vietnam) Terms of Business 1. Rouse Legal Rouse Legal in Hong Kong is regulated by the Hong Kong Law Society. Rouse Legal in Vietnam is regulated by the Ministry of Justice Vietnam. They are both also regulated by the Solicitors Regulation Authority, as overseas branch offices (Hong Kong branch office number: and Ho Chi Minh City branch office number ) of Rouse Legal in the United Kingdom, SRA Number A list of the Rouse Legal partners in Hong Kong and Vietnam may be found on our website and at our offices at 18th Floor Golden Centre, 188 Des Voeux Road Central, Central, Hong Kong and 6th Floor Abacus Tower, 58 Nguyen Dinh Chieu Street, Dakao Ward, District 1, Ho Chi Minh City, Vietnam, Vietnam. Rouse Legal is an independent associated law firm of the Rouse Group. 2. Defined Terms Client Care Letter refers to any letter, or other communication which we may send you in relation to individual matters, confirming your instructions and setting out further terms and details of how we will handle the matter or matters in question. Global Client Manager means the executive who has overall responsibility for all services provided to you by the Rouse Group. The Global Client Manager may also be the Matter Partner and vice versa. Matter Partner means the partner responsible for the Rouse Legal team in either Hong Kong or Vietnam working with you on the matters you have instructed us in those countries. The Matter Partner may also be the Global Client Manager and vice versa. Rouse is a trading name of the Rouse Group. Rouse Group means the affiliated businesses, companies and partnerships, some of which are independently owned and managed, and some of which are subject to professional regulation in the different jurisdictions which they operate, and which trade in some jurisdictions as Rouse and in others under the name of a local associated entity, each of which is a separate legal entity. The term executive means a member of Rouse & Co International LLP, a limited liability partnership registered in England and Wales with registration number OC Rouse & Co International LLP, which is part of the Rouse Group is not regulated by the Solicitors Regulation Authority or the Intellectual Property Regulation Board. The term fee earner means a solicitor, barrister, trade mark attorney, patent attorney, other lawyer, trainee, paralegal and other specialist of the Rouse entity working on your matters including those who may be seconded from time to time from other Rouse entities to Rouse Legal working on your matters. Fee earners include partners and executives. The term partner means a partner of Rouse Legal Hong Kong and Vietnam. The term Rouse entities mean entities which are part of the Rouse Group. The terms we, us, our and the firm means Rouse Legal. The terms you and your means the client entity instructing us and named in the Client Care Letter and/or any party it represents, where applicable. 3. Our Terms and Conditions of Business with you 3.1 This document sets out the general terms and conditions (Terms of Business) which govern the services that we will be providing to you except where we inform you in writing that other terms apply. Please contact the Global Client Manager or Matter Partner as soon as possible if you have any concerns with, or questions about, the Terms of Business. 1 04/15

2 3.2 The Terms of Business supersede any previous terms of business that we have had with you. 3.3 The Terms of Business are subject to review from time to time and you will be informed in writing of any material changes. The up to date version will be available on our website If any provision in any Client Care Letter conflicts with the Terms of Business, the provisions in the Client Care Letter will apply to the matter or matters in question. 3.4 The Terms of Business together with any relevant Client Care Letter shall constitute the entire agreement between us and shall apply to each matter on which we are instructed by you. Any variation of the Terms of Business will only be effective if in writing by a partner. 3.5 We may ask you to sign and return a copy of a suitable Client Care Letter confirming your acceptance of these Terms of Business. However, whether or not this is requested or done, your continuing instructions will amount to an acceptance of the Terms of Business. 3.6 We draw your attention to clause 17 of the Terms of Business which sets out limitations on our liability in our provision of services to you. 3.7 We may from time to time refer you to Rouse Legal in the UK and other Rouse entities for services which are more appropriately provided by those entities. You will be sent separate terms of business and client care letters from those entities. 3.8 Although not all Rouse entities are professionally regulated as law firms, our aim is to deliver the same standard and quality of service as you would receive from Rouse entities which are professionally regulated. You should be aware that as clients of those entities which are not professionally regulated, you may not enjoy the statutory protection afforded to clients of regulated entities. You will nevertheless enjoy the protection provided to you by reference to the terms of business of those Rouse entities which, in many cases, exceeds what you might otherwise be entitled to under the local laws and regulations of the countries in which we operate. 3.9 If we transfer our business to another entity or merge with another firm (successor), our agreement with you will not end by reason of the transfer or merger. In order that there is continuity in service, you agree that immediately on such transfer or merger, the successor will be automatically retained by you in relation to all matters upon which we were retained and all accrued rights and liabilities of the firm, its partners and employees will automatically transfer to the successor in substitution for the firm. If the successor is an LLP or a company, your agreement will be with that LLP or company and any partner or employee will at all times act as agent of that LLP or company and will have no personal liability to you The Terms of Business also apply to any of your holding, subsidiary or associated companies for whom we may act (excluding situations where they are only paying your invoices) whether we receive these instructions directly or through you. 4. Global Client Manager, Matter Partner and Fee Earners 4.1 You will be assigned a Global Client Manager and Matter Partner. Your Global Client Manager and Matter Partner will be supported by a team of fee earners and other staff as the Global Client Manager and Matter Partner think are appropriate to ensure satisfactory delivery of our services. 4.2 We will ensure that you know the names, status and charge out rates of the key fee earners working on your matters. Whilst we will try to ensure that the same fee earners work on your matters, this is not always possible, in which case we will assign the most appropriate fee earners to handle your matters. 5. Our Services 5.1 Our aim is to offer you services which are second to none performed to the highest ethical and professional standards. 5.2 We will at all times comply with your instructions even where these are contrary to our recommendations, unless we feel it improper or unethical to do so, or inconsistent with maintaining a proper working relationship. 2 04/15

3 5.3 When you instruct us on a matter, you will be authorising us to take all necessary steps we believe are appropriate to protect and preserve your interests and rights within the scope of those instructions. You will also be authorising us to incur reasonable expenses on your behalf and complete and sign on your behalf such forms and other documents as are necessary or desirable to carry out these instructions. The above includes occasions where we or third parties we instruct on your behalf have to take urgent action thought to be in your best interests without prior notification to you or to us. 5.4 Our services in relation to each matter and our advice will relate only to the specific matters on which we are instructed. You may not rely on such advice in any other matter nor disclose it to a third party without our written consent. 5.5 Unless expressly agreed between us, your retainer will relate only to the specific matters on which we are instructed and is not a general retainer. 5.6 We only advise on the laws of Hong Kong and Vietnam. Where your instructions on a matter require advice on the laws of any other jurisdiction, we will, with your agreement, instruct lawyers qualified to give legal advice in such other jurisdiction (including lawyers and legal professionals from other Rouse entities) or refer you to the appropriate person, firm or company in such jurisdiction. 5.7 Any such advice is given to you on the basis of the law as at the date of the advice. We will not update that advice to take into account changes in the law after that date. 5.8 Our role is to act as legal adviser. It is not part of our role to advice on commercial, financial or business issues. In particular, we do not advise on the commercial or financial viability or merits of transactions, or the business risks that may be associated with them. We will also not advise on tax-related issues. 5.9 From time to time we may, with your agreement, engage other third parties on your behalf (such as barristers, investigators, accountants, economists and other experts or professional practitioners) in connection with the matters on which we are working Where we do appoint any third parties on your behalf, provided we have chosen or recommended a third party professional with reasonable care, we will not be liable to you for any losses, damages or costs caused by the negligence, acts or omissions of that third party Our duties are owed only to the client entity which instructs us. We do not represent or owe a duty to any of your holding, subsidiary or associated companies, affiliates, officers, directors or employees, each of whom will, unless otherwise agreed in writing by us be deemed to have separate interests from you with respect to this retainer including where any of the above agree to pay our invoices on your behalf In providing our services, we may from time to time use various databases to hold information relating to your intellectual property rights or details of your matters and provide you with access to such databases to interrogate and create internal reports. Whilst we take all reasonable care in inputting and updating the data records in a timely manner, we do not accept any responsibility for errors, omissions, any delays in updates or their consequences. If you wish to rely on the information in any of these databases, please let us know in advance in order that we may verify the data records. In the event that you are provided with access to such databases, you will be provided with a password or passwords which you shall ensure is/are kept secure and access is limited to those authorised by you to access these databases for the purposes set out in this clause. You shall promptly notify us should you become aware of any unauthorised access, copying, reproduction, modification or distribution of the information in these databases and fully co-operate with us to remedy the issue as soon as reasonably practicable. We reserve the right to amend, extend or withdraw without notice any part or all of this service You agree that you will: designate one or more persons to give us instructions and authority to receive our requests and inquiries; provide us with accurate and complete information about the work you have asked 3 04/15

4 us to do, in good time to enable us to carry out the work taking into account the different time zones as may be appropriate, and let us know promptly of any significant changes to that information or to your circumstances generally; promptly provide us with any change of address, , telephone and fax numbers and any change of ownership of your intellectual property rights; safeguard documents which are likely to be required and provide promptly all relevant information and documents that we request in connection with your matters; respond in good time; and not without our consent use our name or the fact of your engagement of us in any form of advertising or solicitation of business We do not accept any liability for any losses which may arise if you do not provide us with accurate and complete instructions (including change in contact details and change in ownership of your intellectual property rights) early enough to enable us to act within official time limits imposed by legislation, Trade Mark and Patent offices, Courts or Tribunals. Any late payments incurred as a result of this shall be passed on to you. 6. Our Complaints Procedure 6.1 If at any time you have queries or concerns with any aspect of our services (including a bill), please do not hesitate to contact your Global Client Manager or Matter Partner. We treat complaints extremely seriously and will try to resolve any problem with you quickly through our internal complaints handling procedure. Details of our procedure for handling complaints are available from your Global Client Manager or Matter Partner and on our website. 6.2 If you are not satisfied with the response you receive from us for any reason you may be entitled to contact Hong Kong Law Society for Hong Kong matters and the Ministry of Justice Vietnam for Vietnam matters. 7. Our Charges and Disbursements 7.1 We have a flexible approach and have many different ways of charging our fees. These include fixed fees, fees subject to a fee limit, percentage fees based on the value of the transaction, retainer fees or fees calculated by reference to hourly rates. However, unless we have agreed another fee structure, hourly charge out rates are the starting point for the calculation of our fees. The rates vary according to the seniority and experience of the fee earner. 7.2 Our hourly charging rates will be reviewed from time to time and our rates at any given time can be found on our website at Our charging rates are normally reviewed annually in January. 7.3 Some of our services are charged on a fixed fee basis and you will be sent information on the applicable fixed fees. Our fixed fees will be reviewed from time to time and our rates at any given time can be found on our website at All estimates that we give you are a guide to assist you in budgeting but should not be seen as a binding quotation or a cap. Any departure from the estimate will be discussed with you as soon as possible. 7.5 All fees, hourly rates, estimates and quotations are exclusive of tax, which must therefore be added where applicable, and of other disbursements unless expressly included. 7.6 If a matter does not proceed to completion or have an outcome desired by you, our fees together with disbursements and tax will still be payable. 7.7 In addition to our fees you will be charged for disbursements which include payments made or incurred by us on your behalf with tax added where applicable. Examples of disbursements include Court fees, barristers and experts fees, foreign lawyers and attorneys fees, Patent and Trade Mark office fees, fees of search agencies, investigators, translators, watching service and other specialist providers, fees from other Rouse entities, telegraphic transfer and other bank charges, courier, photocopying and travel charges. 7.8 Where our fees are paid subject to any deduction or withholding in respect of tax in other jurisdictions, we reserve the right to charge you an additional amount which will leave us with the same amount we would have received in the absence of such deduction or withholding. 4 04/15

5 7.9 We reserve the right to recover from you any bank charges and exchange rate losses we incur where we enter into any foreign currency commitments on your behalf, where foreign currency transactions take place in relation to your matters or where you pay our invoices in a foreign currency. 8. Money on Account, Payment Terms, Invoices and Interest 8.1 It is our practice from time to time to request money on account of our fees and disbursements. The total of our fees and disbursements may be more than the payments on account requested from you. Such monies will be held in our client account until used for disbursements or until delivery of an invoice. If the matter is ongoing, we may ask you for a further sum on account. We reserve the right to decline to act further if you do not pay promptly any request for money on account. 8.2 We invoice monthly and unless otherwise agreed in writing, we require settlement within 30 days of the invoice date except for invoices rendered in respect of disbursements only which are immediately due for payment upon presentation of the invoice. 8.3 As long as we have provided you with the relevant invoices, we reserve the right to take any payment due to us from any money held on your behalf in our client account or otherwise on your behalf. If the amount due exceeds the amount in which your client account is in credit, you are required to pay the balance in accordance with clause 8.2. We do not accept cash payment of our bills. Please settle our bills by bank transfer or cheque. 8.4 If arrangements are made for a third party to pay any of our fees and disbursements, or a Court orders a third party to pay any part of our fees and disbursements, you remain liable to pay all unpaid charges that such third party (including where it is your holding, subsidiary or associated company) fails to pay by the due date. 8.5 Where you instruct us to do work for a subsidiary, associated company or client you represent, you agree to be responsible for the unpaid amount in accordance with these terms notwithstanding that an invoice may be issued to your subsidiary, associated company or client or that subsidiary, associated company or client has been issued separate terms of business. 8.6 Where we accept instructions to provide services to more than one client jointly, you agree that each client will, unless otherwise agreed by us, be jointly and severally liable for our invoices. 8.7 We will pay interest to you at the rate prevailing with our bank (subject to a US$40 charge to cover our administrative charges) for money that we hold on your behalf in our client account unless the amount of interest calculated on the balance would be US$40 or less. 8.8 We will not be liable to repay any money that we hold for you in our client account which is lost as a result of a failure of the bank. 8.9 If an invoice is not paid in full within 30 days of the date of invoice or within the period agreed between us in writing, without prejudice to any other rights or remedies we may have: We reserve the right to charge interest for late payment at the rate allowed under the relevant legislation; We reserve the right to suspend or terminate the provision of all or any services including services provided by other Rouse entities (and instruct third parties engaged by us to do likewise); You are deemed to have given your irrevocable consent to us being entitled to apply to a Court, Tribunal or Registry to come off the record as your legal representative or agent; We reserve the right without notice to apply any money held on your behalf in any bank account in or towards paying any sums owed by you; We reserve the right to amend any agreed payment terms including credit terms and discounts If you are dissatisfied with any invoices you receive, you should contact the Matter Partner immediately. If you are still dissatisfied, you can invoke our Complaints Procedure as outlined in clause 6. If you have not raised any questions regarding an invoice within 30 days of the date of the invoice, we will be entitled to proceed on the basis that the debt is acknowledged without 5 04/15

6 any right of set-off against monies owed by us to you. 9. Contentious Work 9.1 If you succeed in a contentious matter, you may be able to recover some of your legal fees and disbursements from your opponent. You should be aware that any order made by the Court or Tribunal is usually discretionary and you will generally only recover a portion of the fees and disbursements actually incurred by you. Further, it is also possible that the opponent may not be able to pay. 9.2 You remain responsible to pay us all the legal fees and disbursements that you incurred whether or not you have any costs orders against your opponent. You will also be responsible for the fees and disbursements spent in our seeking to recover these costs from your opponent. 9.3 If you are unsuccessful, the Court or Tribunal may order you to bear a portion of your opponent's fees and disbursements. 9.4 If you have legal costs indemnity insurance or wish to consider purchasing after the event insurance cover, please let us know at the earliest opportunity. 10. Anti-money Laundering 10.1 We are required by anti-money laundering legislation to verify your identity and we can only accept your instructions if you can properly identify yourself to us. We take our obligations seriously to protect both ourselves and our clients. If we do not receive sufficient evidence of identity within a reasonable time of our request, we may have to stop acting for you. In that event, you will be charged for all work done until we stop acting We will not accept funds from any source unless that source's identity has been verified to our satisfaction. This includes your holding, subsidiary and associated companies. In the event that we are unable to accept funds from the source in question, you will remain responsible for the payment of our invoices and the discharge of any other liabilities which the funds were intended to meet In certain circumstances, we may be required by law to disclose suspicions of money laundering to the relevant authorities. We will not be permitted to inform you that we have made or are contemplating making such disclosure and, pending consent to proceed from the authorities, we may be unable to take any further action on your behalf or may be required to cease acting for you We do not accept any liability for any loss flowing directly or indirectly from our compliance with our duties (or our duties as we understand them) in respect of the matters outlined in this clause. 11. Intellectual Property Unless otherwise agreed in writing, we retain copyright and all other intellectual property rights in the work product that we produce in providing services to you. Subject to payment of our fees for services provided, we grant you a non-exclusive license to use the documents and other works for the purposes for which they were produced for you. The licence does not allow you to give the work product to third parties to use for their benefit without our written agreement. 12. Conflicts and Confidentiality 12.1 Our acceptance of your instructions on any particular matter is subject to us completing satisfactory conflict checks and other client take on procedures There may be circumstances where in order to protect and preserve your rights we file a patent, trade mark other intellectual property right or take other action on your behalf prior to completing our conflict checking procedure. Our proceeding with such filings is not a confirmation that there is no conflict or significant risk of conflict Professional conduct rules prevent us from acting adversely to you in relation to matters on which you have instructed us. We are not prevented from acting adversely to you in relation to matters on which you do not instruct us If a conflict or significant risk of conflict between your interests and those of another client arises, we will inform you as soon as we are able to discuss the matter with you and will act immediately and appropriately 6 04/15

7 in relation to any concerns you may have. We might have to cease acting for you. All fees and disbursements (including tax) up to the date of termination will be charged and become due We maintain a duty of confidentiality to our clients in respect of matters we handle for them. The nature of our business means that we will be likely to represent other clients who operate in your industry and may be in competition with you. We will not pass on to you any confidential information which we receive from another client which may be of interest to you. Similarly we will do the same in relation to confidential information received from you We will not disclose to you any information we receive for the purpose of establishing whether we would have a conflict of interest in accepting instructions from another client or potential client Our obligation of confidentiality is subject to you authorising us to disclose information, where we are required to make a disclosure under applicable law, regulation or a Court Order or where the information is within the public domain We may from time to time outsource some of our work to specialist service providers including for photocopying, printing, translation, typing and searching services to ensure a cost effective service to all our clients and further details are available on request from your Global Client Manager. There may be occasions when it is desirable to outsource other activities, but we will advise you before doing so. This may involve giving them client confidential information, subject to the appropriate safeguards In the event that a claim is made against us by a third party arising from or in connection with a matter in which we have been acting on your behalf, you agree that we may in evidence or for the purpose of seeking legal or other advice, disclose your papers, documents and details of our instructions and advice Should we receive requests either directly from you, or from your accountants or auditors for confirmation whether we are instructed on your behalf, we shall address our response directly to you for onward transmission. Our firm s audit enquiry policy is to answer specific questions specific questions about cases on which we are instructed rather than general non-specific enquiries You agree that we may, when required by our insurers, other advisers or regulators, provide details to them of a matter or matters on which we are acting or have acted for you. 13. Electronic Communications Unless instructed not to, we may communicate electronically with each other. The electronic transmission of information cannot be guaranteed to be secure or error free, as it is transmitted over a public network and therefore could be intercepted, corrupted, lost, destroyed, delayed, arrive incomplete or late or otherwise be adversely affected or unsafe to use. We therefore accept no responsibility for any error, loss or claim which arises as a result of any failure of security or confidentiality, or corruption (whether direct or indirect) of data or information. 14. Document, Sample Storage and Retrieval 14.1 Files, documents, papers and samples of products and other property which we hold on your behalf are kept either within our offices or offsite with specialist storage companies We will keep all papers and documents (except for any papers and documents which you have asked in writing to be returned to you) electronically or physical form for seven (7) years from the date of the final bill of the matter. After that we may destroy them including all electronic copies. If you wish us to keep any documents for a longer period, please let us know in writing but we reserve the right to charge for their storage We will return to you all samples of products and other property that we hold on your behalf at the completion of the case unless agreed otherwise in which case we reserve the right to charge for their storage or destruction We reserve the right to charge for the cost of retrieving a file, samples or other property from storage at your request and our time in retrieving, considering, sorting, searching and copying the papers and documents from 7 04/15

8 the file and for such other work necessary to comply with your instructions We reserve the right to keep your, papers, documents, information on our databases, samples and other property until you have paid all the money that is due to us. This right will continue after the termination of our engagement If we receive a request from you to transfer your files to another company or firm we will review the files to ascertain which documents belong to us and which belong to you and any third parties. We reserve the right to charge for this and for any costs associated with delivering the files We may share documents from client matters with our staff through our intranet or internal databases which are confidential to the firm. Please let us know if you do not wish us to do so in a particular case We do not accept responsibility for the loss, damage or theft of any item which we hold on your behalf unless we agree otherwise in writing. 15. Ceasing to Act 15.1 You may terminate your instructions to us in writing at any time We reserve the right to cease acting for you. We will only do so for good reason including if you fail to pay our bills, comply with our request for payment on account, give clear, proper or timely instructions, if it is clear that there is no longer sufficient trust and confidence between us or where a conflict of interest arises in connection with a matter on which we are advising you. Where appropriate we will provide you with reasonable notice that we will cease acting for you. There are certain circumstances where we may be required by law or regulation to suspend or cease acting for you without giving any period of notice or reasons You must still pay all fees, disbursements and tax for the period up to termination Unless otherwise terminated, our engagement will end when our work on the matter is completed and our final invoice has been sent to you or when we come off the record as your agent at a Registry, whichever occurs later. 16. Indemnity You will indemnify and keep us indemnified against all threatened or actual actions, proceedings, claims, losses, costs, expenses, liabilities and damages (including but not limited to legal fees and settlement sums) which may at any time be brought against us by third parties or incurred by us or any of our directors, members, partners or employees as a result of our representation of you or acting in accordance with your instructions including but not limited to threats of intellectual property infringement that are or are alleged to be groundless. 17. LIMITATION OF LIABILITY 17.1 Unless otherwise agreed in writing between us our maximum aggregate liability to you or all parties to whom we may be liable on any matter for any loss, including without limitation liability for negligence on our part, is limited to such amount as is finally determined on a fair and reasonable basis by a judicial or other process allocating proportionate responsibility to us having regard to the contribution to the loss and damage in question by you or of any other parties responsible and/or liable to you for such loss and damage but shall not in any event exceed US$5 million Where we are one of a number of advisers acting for you on a matter, there may be a risk that we will be prejudiced as a result of your arrangements with other advisers who limit their liability with you. In the event that this arises and we could otherwise be jointly liable with that other adviser for a claim, you agree that our position will not be adversely affected by any limitation that you have agreed for that other adviser s potential liability and that our liability to you is limited accordingly We have professional indemnity insurance and can provide full details on request. 18. Data Protection 18.1 We comply with the Personal Data (Privacy) Ordinance (Cap.486). When we accept your instructions to provide you with our services, we keep a record of your contact details and those of the people who work for and with you. By giving us such personal information, you consent to us processing and storing the information primarily for the purpose of providing you with legal services 8 04/15

9 and to generally administer and take care of our relationship with you. Our work for you may require us to disclose to other Rouse entities and third parties which are engaged on our behalf to undertake work for you (including processing and holding your data). This may involve the transfer of such information to countries overseas which do not have equivalent data protection laws We may from time to time send you information of our activities, services, events, training and legal updates which may be of interest to you. If you do not wish to receive any such information, please let us know by sending an to 18.3 Where appropriate, for the purpose of providing you with our legal services, we keep a record of the contact details of people who have or work for or with a party or parties with interests which are in common with or adverse to yours in connection with the matters which we are instructed on. These parties may under data protection laws have certain rights to the personal information. 19. Dispute Resolution 19.1 Subject to clause 19.2, all claims, complaints and disputes arising out of or in connection with the agreement between us must initially be referred to the Global Client Manager or Matter Partner or for the matter to be dealt with under our Complaints Procedure as provided in clause 6. If the matter cannot be resolved to the satisfaction of both parties, we agree that we will try to settle the matter amicably by using a sole mediator between us or in default of agreement appointed by the Hong Kong Mediation Accreditation Association Limited prior to either party issuing proceedings against the other Where the dispute between us is solely in connection with your non-payment of our invoices as they became due, there is no requirement for the matter to be dealt with under the Complaints Procedure as provided in clause 6 or for the matter to be settled through mediation as provided in this clause. 20. Invalidity In the event that any part of the agreement between us is held to be invalid the remainder of the agreement will continue in full force and effect. 21. Applicable Law and Jurisdiction The relationship between us and any claim, dispute or matter arising under or in connection with it will be exclusively governed by and construed in accordance with Hong Kong law. Subject to clause 19, we both agree to submit to the exclusive jurisdiction of the Hong Kong Courts over any claim dispute or matter arising from or in connection with your relationship with us and/or the enforceability of the Terms of Business, Client Care Letter and any other written terms, provided that we have the right at our sole and absolute discretion to: commence proceedings against you in any other Court; or refer the claim or dispute to arbitration in Hong Kong under the Hong Kong International Arbitration Centre Administered Rules, which Rules are deemed to be incorporated by reference into this clause. The arbitration shall be conducted by a sole arbitrator and the arbitration proceedings conducted in English. 9 04/15

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