China Business Law Journal –  October 2023

Reassess your chess

Of the many perks of covering China’s legal sphere, witnessing its enduring vigour from a front row seat remains our favourite. This is especially evident as the country steps up its legal reforms, and well-prepared professionals are quick to recalibrate their consultation. We, too, are excited to attest to the industry’s agility and, in response to passionate market feedback, have upgraded one of China Business Law Journal’s annual star awards that recognise key figures of the trade.

High up on the to-do list of many general counsel, handling disputes, particularly those involving cross-border elements, is a top concern. The good news is that their toolbox now has expanded greatly, and a revaluation is just in time in terms of how they defend rights, repel accusations, and enforce justice both at home and beyond.

In our cover story, Win-win resolution, senior practitioners from both Chinese and international firms share observations on vital updates in the justice system and arbitration mechanisms, both in mainland China and adjacent jurisdictions. We delve into major regime revamps such as the newly revised Civil Procedure Law, and explore fresh developments on reciprocity and mutual judicial assistance.

Looking inward, we are proud to align our own recognition with China’s evolving legal industry after careful consideration. We have extended our yearly selection of the A-List, which acknowledges outstanding private practice lawyers, into three categories: The Visionaries; Growth Drivers; and Rising Stars. And in this issue, we will announce the inaugural edition of The Visionaries in China’s legal market.

Specifically, this new category recognises seasoned lawyers who hold key management positions in their firms and prominent public positions. As founders, managing partners or leading partners of certain practice areas, they face difficulties that far exceed the common legal realm.

Outside the law firms, they also take up key positions in associations, arbitration institutions and universities, or take part in the drafting or review of laws and regulations, contributing to the overall advancement of the legal sector.

Re-strategising is also an urgent need within many companies. For corporate in-house teams, data compliance has to be one of the burning issues of the year as the country completes the upgrade of its data legislation framework and refines regulatory details.

So, what comes next after compliance? In Unleashing data, Ge Mengying’s answer is data factorisation. TalkingData’s general counsel and compliance head discusses how companies and individuals nowadays can benefit from enhanced data oversight.

Ge argues that the objectives of data management are no longer limited to having enterprises ensure the security of data and, from the individual’s perspective, safeguarding the rights and interests of individuals. Now they include unleashing the developmental dividend of data through data factorisation, while safeguarding the sovereignty and security interests of the country by strengthening its ability to control data.