https://ac.sclalawreview.org/index.php/ac/issue/feed Swiss Chinese Law Review 2022-07-20T03:04:48+08:00 SCLR EDITOR TEAM david.dahlborn@scla.world Open Journal Systems <p>Bilingual journal for legal academics and professionals working internationally between China and Europe. Discusses international and transnational topics of interest to an audience of European and Chinese international law firms and scholars who analyse both regions.</p> <p>Parallel publication in English and Mandarin Chinese editions. Published by the <a href="https://cnsla.org/">Swiss Chinese Law Associaiton</a>.</p> <p><strong>General coordinator:</strong> Zhang Tianze</p> <p><strong>Editors:</strong> Jerry Guo (Chinese), Wei Jianan (Chinese) and David Dahlborn (English)</p> <p> </p> <p><strong>ISSUE 6 CALL FOR CONTRIBUTIONS </strong></p> <p><strong>Cross-border legal collaboration and operation: Swiss Chinese Law Review issue 6: <span style="text-decoration: underline;">Deadline 04/07 2022</span><br /></strong></p> <p><span style="font-weight: 400;">Welcome to the sixth issue of the </span><a href="https://www.sclalawreview.org/"><em><span style="font-weight: 400;">Swiss Chinese Law Review</span></em></a><span style="font-weight: 400;">. This issue will be dedicated to the benefits and challenges of cross-border legal collaboration and operation in our globalised but fast-changing world.</span></p> <p><span style="font-weight: 400;"><em>Contribute your article <a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">here.</a></em><br /></span></p> <p><span style="font-weight: 400;">Today working with colleagues in other countries is something many lawyers and firms take for granted. Huge swaths of the legal industry would not exist without it. But what do these assumptions mean? What have we learnt from the past decades of a globalised legal world? Is this knowledge still a guide to the future? How has collaboration between law firms in different countries changed and what does the future hold? What are the benefits and disadvantages, and, more poignantly, what have they meant? Beyond filling up a scorecard on our work with friends and colleagues across the globe, the SCLA invites you to break down the detail of the past, present, and future implications of working internationally. What is it that you have noticed that everyone else has missed?</span></p> <p><span style="font-weight: 400;">The sixth issue of the Swiss Chinese Law Review casts a broad net to catch the pearls of wisdom and experience that will change how and why we collaborate across borders. We want to understand the big-picture theory, but also the everyday details. What is the aggregate of international experience that indicates a general trend? Or which are the individual case studies from your firm’s cross-border that disprove the models and the predictions? How does working across borders mean different things to different people, and at different times? </span></p> <p><span style="font-weight: 400;">We cannot wait to read your insights on how, where, and why everything we thought we knew about international collaboration in the legal world needs to be reconsidered, for better or worse. We are looking for analyses of both the global and the quotidian, of high-profile work and of the day-to-day, to help see which way the industry, and the very legal concepts that undergird it, are going.</span></p> <p><span style="font-weight: 400;"><em><strong>To submit your contribution,</strong> <a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">follow this link.</a></em><br /></span></p> <p><span style="font-weight: 400;">We are looking for original and previously unpublished features and opinion articles:</span></p> <p><strong>Features</strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Should be up to 2,000 words in length and analyse a specific aspect of cross-border legal collaboration and operations from a critical perspective, highlighting current and relevant problems and solutions along the lines of the questions detailed above.</span></li> </ul> <p><strong>Expert opinions</strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Should be shorter, up to 1,000 words, and offer a more opinionated and partisan view on this theme, intended to provoke a conversation or rethinking of existing assumptions.</span></li> </ul> <p><span style="font-weight: 400;">As always, we also welcome contributions to our regular sections:</span></p> <p><strong>International legal outlook</strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Items of up to 200 words detailing legal news related to a jurisdiction or global law firm. Law firm ranking-related insight is particularly welcome.</span></li> </ul> <p><strong>Legal technology</strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Expert columns examining the intersection of legal practice and the latest technological developments. Limited to 1,500 words. </span></li> </ul> <p><strong>Your story, your legal workplace, personal profiles and viewpoints</strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Personal memoirs or profiles of lawyers who have inspired you of up to 1,500 words.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Stories from your legal workplace, especially if your experiences relate to our theme.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Letters to the editors, short viewpoints, reflections or other items you wish to share.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The personal and human side of cross-border collaboration: how do they affect you and your business?</span></li> </ul> <p><em><strong>To submit your contribution, <a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">follow this link</a>.</strong></em></p> <p><span style="font-weight: 400;">We look forward to hearing from you and reading your contributions!</span></p> <p> </p> <p><strong>PLEASE NOTE (read carefully): </strong></p> <ul> <li class="show" style="font-weight: 400;" aria-level="1"><em><span style="font-weight: 400;">Only </span></em><span style="font-weight: 400;">drafts uploaded to our online submissions platform before the deadline will be considered for bilingual print publication, unless you have a prior agreement with the journal.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Your draft article must be your own original work and must be previously unpublished at the time that our publication is released in print (this includes personal or professional blogs, forum discussions, etc).</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Drafts which require extensive copyediting due to the quality of writing may be turned down. </span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">We ask that you also inform us if your draft is being considered by another publisher. Permission from any copyright owner must be sought by you if your draft contains material that is not your own copyright.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">We ask that you refrain from including material of a libellous nature. </span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">We ask that you refrain from infringing on someone else’s copyright. This includes using text copied from a source without attribution, passing someone else’s work off as your own or failing to accurately cite a quotation. </span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">It is our responsibility to report deliberate plagiarism, if detected, to any relevant academic or professional bodies. </span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Direct quotation from a source must be clearly indicated by quotation marks and a reference.</span></li> <li class="show" style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Where possible, refrain from using footnote references and provide in-text citations.</span></li> </ul> <p> </p> <p><strong>About the Swiss Chinese Law Review</strong></p> <p><span style="font-weight: 400;">Our journal aims to link-up legal professionals and academics working in and between China and Europe. The journal will offer a platform for exchanging insights and connections.</span></p> <p><span style="font-weight: 400;">As a contributor we hope to be able to introduce you to our international network of legal professionals and scholars with a shared interest in Swiss-Chinese relations and the law.</span></p> <p><span style="font-weight: 400;">The Swiss Chinese Law Association is a voluntary association of lawyers and academics aiming to create a more transparent and integrated market between European and Asian countries. We hope to achieve more open and trustworthy international legal service by creating a common standards framework for law firms in Switzerland and China.</span></p> <p><span style="font-weight: 400;">See www.scla.world/journal/ for more details.</span></p> <p> </p> https://ac.sclalawreview.org/index.php/ac/article/view/162 Variation of Price Clauses: A necessary solution for the construction industry? 2022-07-20T03:04:48+08:00 Tasha Lim tasha@ganlaw.my <p>Should a variation of price clause be introduced to the construction industry?<br />Covid-19 has forced almost anyone who has signed a contract or an agreement to review their obligations and seek ways to mitigate catastrophic damages caused by the unprecedented pandemic over the past two years. Some contracts were renegotiated and varied to prepare for the worst possible scenario. In the construction industry, one of the solutions has been to introduce the Variation of Price (VOP) clause. What does this mean and will it become one of the emergency pandemic measures that stays with us ever after Covid?</p> 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/161 Concerning the implied choice of law in contracts 2022-07-20T02:54:50+08:00 Bernardo Cartoni bernardo.cartoni@scla.org 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/160 Arb-Med-Arb: Save time and money in international commercial and intellectual property arbitration 2022-07-20T01:57:29+08:00 Peter Pettibone peter.pettibone@peterpettibone.com <p>Time and money were the main objections to arbitration for disputes involving claims below $10 million in construction, according to Queen Mary, University of London’s 2019 International Arbitration Survey. Respondents considered arbitration too costly and time-consuming and that this was a barrier to justice and a fair resolution of the dispute. Can anything be done about this state of affairs? The answer is a resounding yes: The so-called Arb-Med-Arb (Arbitration-Mediation-Arbitration) method can shorten the duration of an arbitration, particularly one involving international commercial or intellectual property,<br />thereby saving costs. However, this practice is neither widely known nor used. Here, I wish to remedy this situation and show which significant steps should be taken to popularise this time-saving method.</p> 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/73 ONLINE DISPUTE RESOLUTION – TECHNOLOGY NOW IN THE FOREFORNT OF DISPUTE RESOLUTION 2021-06-15T13:36:31+08:00 Anil Changaroth anil@changarothchambers.com <p>The COVID-19 pandemic is dramatically disrupting how work and society functions. Social Distancing is resulting in a greater use of technology for communication and interaction. The Dispute Resolution community - the legal practices, the Courts and dispute resolution institutes, are moving away from the traditional forms of resolving business disputes, instead adopting ODR mechanisms and platforms, which will soon no longer be merely an option but instead the preferred choice of the majority.</p> 2022-07-20T00:00:00+08:00 Copyright (c) 2022 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/65 The Arbitration as alternative dispute resolution in China 2021-06-24T18:48:13+08:00 Lorenzo Biamonti lorenzo.biamonti82@gmail.com <p>The arbitration, especially as far as international disputes involving Chinese parties is concerned, is rapidly becoming a preferred dispute resolution mean and the caseload of the arbitration institutions in China is growing year by year. The present article shall highlight the key issues related to the arbitration in China or involcing Chinese parties, from the main legal requirements to the strategic thinking associated with the choice of seat and subsequent enforcement of the award.</p> 2021-11-30T00:00:00+08:00 Copyright (c) 2022 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/74 Gender Equality in international negotiation 2021-06-24T18:45:36+08:00 Milly Hung milly.hung@sw-hk.com 2022-07-20T00:00:00+08:00 Copyright (c) 2022 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/69 WTO Dispute Settlement System in Crisis: Can ad hoc members of the WTO Appellate Body be a solution? 2021-06-07T04:51:09+08:00 Anna Lachowska Lachowska@scla.org Sophie Mbog info@disabilitycouncilinternational.org Hanna Palyga Palyga@scla.org Ksenia Falk Falk@scla.org Ravi Cohen Cohen@scla.org Irena Braude Braude@scla.org 2022-07-20T00:00:00+08:00 Copyright (c) 2022 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/66 The Issues Facing Virtual Hearings and Cybersecurity in Arbitration 2021-06-07T04:36:10+08:00 Martina Prpić Prpić@scla.org Tin Aničić Aničić@scla.org 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/62 How to Reach Mediation Settlements in the United Arab Emirates and Qatar 2021-06-24T18:42:33+08:00 Suhail Nigar suhailnigar@directuslaw.com 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac/article/view/68 International Legal Outlook: India 2021-05-25T19:29:06+08:00 Sushant Shetty sushant.shetty@foxmandal.in 2021-11-30T00:00:00+08:00 Copyright (c) 2021 Swiss Chinese Law Review