Some problems under English law that Chinese lawyers should consider in the practice of international business

发布时间: 2020-07-23 浏览次数:138
On December 3, 2019, Shandong Yiheng law firm, Beijing Zhonglun (Qingdao) law firm and Beijing Dehe Heng (Qingdao) law firm jointly held the theme of & quot; Some issues under English law that Chinese lawyers should consider in the practice of international business. Zhao Chunyong, secretary and director of the Party branch of Yiheng Institute, was the host of the event. Sun Fanglong, director of Beijing Zhonglun (Qingdao) law firm, made an opening speech, and invited Cecilia & nbsp; Xu & nbsp; Lindsey, the first Chinese female barrister in court and 9 & nbsp; stone & nbsp; buildings & nbsp; barristers' & nbsp; chambers in England.Personal profileCecilia Xu Lindsey,Barrister; Arbitrator;  Mediator.Cecilia  ;has a wide spectrum of Commercial and Chancery practice in bothdispute resolution and advisory work withan emphasis on Company Law, Commercial Law ,  Banking Law" and Financial Services, Insurance/Re-Insurance, and International Law.She also acts as Counsel in arbitrations,and accepts appointments as Arbitrator. She is a listed Arbitrator at :ICCInternational Court of Arbitration, LCIA, and CIArb , She is appointed asMediator  by China'sMediator by China's International CommercialMediation Centre for Belt and Road Initiative, and Expert in English Law by The Law Ascertainment Centre for Belt and Road Initiative of  China.In this lecture, Cecilia made a detailed communication and introduction on the British judicial system, British barrister's working mode, operation, fees and cooperation with international lawyers.Cecilia introduced to us that barristers, known in the United Kingdom as & quot; barrister & quot;, refer to lawyers who can perform their duties in the higher courts of the United Kingdom. Unlike Chinese lawyers acting in litigation and arbitration cases, British lawyers are divided into barristers and solicitors. In dispute settlement cases, barristers usually only represent clients in court; solicitors generally represent clients to negotiate with barristers on the reception of cases, give instructions to barristers, arrange meetings with barristers, investigate and collect evidence, and assist barristers in court.Cecilia also stressed that it is important to employ good barristers in the relevant professional fields for litigation and arbitration in the UK. In the United Kingdom, whether in litigation or arbitration, the prevailing rule is that the losing party shall bear the reasonable attorney's fees of the winning party (including the expenses of barristers, solicitors, foreign lawyers and other professionals). If a client employs a barrister with insufficient experience and level, which leads to losing the lawsuit, it will face the risk of bearing the lawyer's fees of the other party. Therefore, the parties should not only employ experienced barristers in court, but also employ the lawyers of Royal consultants (QC) who have been certified in the professional field involved in the case in order to avoid losing the case due to the experience and level of court appearance in favorable cases.The atmosphere of this special lecture was warm and harmonious, and the content was rich and substantial. Cecilia's explanation in simple words benefited a lot. It not only provides a strong theoretical basis and rich practical experience for Chinese lawyers in international legal business, but also inspires the lawyers on the spot to explore new ideas in the field of foreign affairs, and wins the unanimous praise of the participants.