China Business Law Journal – October 2022

The art of disagreement

There is growing concern that the golden age of globalisation is behind us. While it may be tempting to give in to pessimism, the good news is progress is not easily halted.

The strong urge to connect with others, socially, culturally and commercially, is stronger than ever. But some ventures are demanding more business shrewdness and legal prudence than many were used to.

When people are brought together by their differences, it is no surprise that, at times, views and interests will clash. In the world of business, where such disagreement is commonplace, dispute resolution is deemed almost as much an art form as a necessity.

Caught between often incompatible regulatory visions, China’s cross-border trade has become prone to disputes and legal struggles, but adversity, as it turns out, fuels adaptation.

In our cover story, Crisis innovation, leading dispute lawyers offer their advice on mitigating risks, and give analysis and discussion on the recent endeavours of China’s judicial and arbitration systems to make their processes better, faster and smarter.

As individual pieces on the chessboard of corporate disputes, it is not always easy to discern the key to obtaining a desirable outcome.

In Preparing for conflict, legal practitioners from 12 law firms and institutions across China share their corporate legal tips, insights into legal trends and knowledge of latest practice.

International arbitration has been a part of China’s legal identity since the 1950s, and has come a long way. Now that China is stepping into the inner circle of the global arbitration community, what wisdom does it bring to the game? How will arbitration across the Greater Bay Area contribute to this commercial hub? And what is the role of institution in addressing criticisms of arbitration becoming lengthy and expensive?

In Long roots, strong branches, we take these questions to six leading arbitration institutions in China’s legal market.

As the world acknowledges the real threat of global recession, where and how a company should invest has never been more challenging. General counsel hold the keys to unlocking opportunity, and more than ever are relied upon for sound advice.

By turning to key investment and legal trends within Asia, Keymasters examines the market knowledge paramount in grasping the positives in an unsecure world.

Finally, we explore tech companies’ handling of the personal information of individuals in terms of lawful disclosure, and ask the question: Are you available? By examining China’s upgraded data regulatory framework and principles, Douyin Group’s data and privacy protection experts shed some light.