Swiss Chinese Law Review https://ac.sclalawreview.org/index.php/ac <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><em>CALL FOR CONTRIBUTIONS, ISSUE 5: DEADLINE 7 OCTOBER<br /></em></strong></p> <p class="western" style="margin-bottom: 0cm;"><em><strong>Call for contributions:</strong></em></p> <p><strong>Law Firm Rankings <br /></strong></p> <p><span style="font-weight: 400;">The fifth 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;"> will rate and discuss law firm rankings.</span></p> <p><span style="font-weight: 400;">We search law firm rankings in a quest for clarity but come away from a bewildering array of lists and league tables more confused then we were to begin with. Everyone knows that no ranking table can reveal the whole truth and nothing but the truth. But at the same time everyone falls back on annual lists as a measure of status and achievement. What is actually going on when we read a law firm ranking table? What work went on behind the scenes to produce it? What ideals do we project onto it? What benefits or detriments do professionals and firms derive from where they end up on the list? The SCLA welcomes you to take a critical view of how ranking tables are created and how they are received.</span></p> <p><span style="font-weight: 400;">But the fifth issue of the Swiss Chinese Law Review will go beyond interrogating who benefits from ranking tables or not. We want to understand how this institution affects the international legal industry. How have rankings evolved? What realities do they reflect? How are they gamed? How can they be trusted? How can they be improved? What are the alternatives to ranking tables? How do they differ in Europe and in Asia? We want to invite you to provide your critical answer to these deep questions.</span></p> <p><span style="font-weight: 400;">We look forward to reading your analyses and comparisons of law rankings and their influence, insights and criticisms of ranking mechanisms and ideology critiques of the league table paradigm. But we also want to know about the everyday experience of rankings; do they affect you in your work, attract or dissuade clients, and how do you work to rise through the ranks?</span></p> <p><a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">SUBMIT YOUR CONTRIBUTION HERE</a>.</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 style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">Should be up to 2,000 words in length and analyse law ranking systems 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 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 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 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 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 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 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 style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">The personal and human side of law firm rankings: how do the affect you and your business?</span></li> </ul> <p><a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">SUBMIT YOUR CONTRIBUTION HERE</a>.</p> <p><span style="font-weight: 400;">We look forward to hearing from you and reading your contributions!</span></p> <p><strong>PLEASE NOTE (read carefully): </strong></p> <ul> <li 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. <a href="https://ac.sclalawreview.org/index.php/ac/about/submissions">SUBMIT YOUR CONTRIBUTION HERE</a>.<br /></span></li> <li style="font-weight: 400;" aria-level="1"><span style="font-weight: 400;">To help us cover the costs of running this journal, editing, proofreading and translating content and publishing, drafts will only be considered for a non-refundable processing contribution of €10. </span></li> <li 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 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 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 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 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 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 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 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><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 class="western" style="margin-bottom: 0cm;"><strong>Find out how to submit your contribution <a href="https://ac.sclalawreview.org/index.php/ac/submissions">here</a>. </strong></p> <p class="western" style="margin-bottom: 0cm;">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.</p> <p class="western" style="margin-bottom: 0cm;">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.</p> <p class="western" style="margin-bottom: 0cm;">For any questions, email our English-Language Co-Editor David Dahlborn at david.dahlborn@cnsla.org.</p> <p> </p> Swiss Chinese Law Association en-US Swiss Chinese Law Review 2673-5407 Cross-border Insolvency during Covid: Crisis and opportunity https://ac.sclalawreview.org/index.php/ac/article/view/118 <p><span style="font-weight: 400;">The Covid-19 epidemic and associated quarantine measures have caused unprecedented damage to the&nbsp; global economy and many industries have been forced to close. To mention just a few examples: On 2&nbsp; March, Japan’s Luminous Cruising Co. filed for bankruptcy. Whiting Petroleum followed suit on 1&nbsp; April. On 11 April, Burger King New Zealand was placed in receivership. No exemptions were made to&nbsp; Virgin Australia, who declared that they are seeking bankruptcy protection on 21 April. Around the&nbsp; world, hotels, restaurants and the entire aviation industry have been crippled. </span></p> Liu Yi Zhou Kaiyuan Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 All roads lead to Rome: How mediation became a turning point for Chinese trade in Italy https://ac.sclalawreview.org/index.php/ac/article/view/116 <p><span style="font-weight: 400;">International trade is reeling from the shock of the Covid-19 pandemic. While it is hard to foresee the&nbsp; exact date when the world will (if ever) regain its pre-Covid condition, many business people are coping&nbsp; with the present restraints of our new normal.&nbsp; </span></p> Federico Antich Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 A 15-Step Guide to Data Protection, Privacy and Cybersecurity in China https://ac.sclalawreview.org/index.php/ac/article/view/110 <p><span style="font-weight: 400;">Ever since the PRC Cybersecurity Law (CSL) came into effect on 1 June 2017, China has accelerated&nbsp; its data protection and cybersecurity legislation. Enforcement has gradually been normalised.&nbsp; Meanwhile, the landmark Civil Code – effective as of next year – further strengthens privacy protections&nbsp; from a civil rights perspective. Overall, China is becoming one of the important jurisdictions for data&nbsp; protection and privacy worldwide.&nbsp; </span></p> Ken Dai Jet Deng Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Foreign nationals working in the People’s Republic of China during Covid-19: The impact of special immigration policies https://ac.sclalawreview.org/index.php/ac/article/view/117 <p><span style="font-weight: 400;">In principle, foreigners are allowed to work and reside in the People’s Republic of China (PRC; different&nbsp; regulations apply in Hong Kong SAR and Macao SAR) subject to obtaining a working and residence&nbsp; permit issued by the State Administration of Foreign Expert Affairs (SAFEA). While the permit is valid&nbsp; a foreigner may enter and exit the country without restrictions. </span></p> Eugenio Loccarini Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 A Short History of Mediation in Greece https://ac.sclalawreview.org/index.php/ac/article/view/115 <p><span style="font-weight: 400;">On this date, Greece’s Law 4640/2019 was passed. This was almost a decade after the first appearance&nbsp; of the Institution of Mediation in Greece and two years after the country’s previous failed effort to bring&nbsp; mediation laws in line with EU standards. In the intervening decade significant socio-economic changes&nbsp; had recast Greece through its long economic crisis. But now Greek legislation was finally harmonised&nbsp; with the EU’s Directive 2008/52/EC on civil and commercial mediation. </span></p> Olga N. Tsiptse Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 New Chinese Laws and Specifications under Covid-19 https://ac.sclalawreview.org/index.php/ac/article/view/111 <p><span style="font-weight: 400;">In May 2020, China’s National People’s Congress passed the PRC Civil Code, which introduced new&nbsp; provisions to protect privacy and personal information. About the same time, the new Information&nbsp; Security Technology – Personal Information Security Specification (GB/T 35273-2020; the&nbsp; Specification) was also introduced. When they come into effect on 1 January 2021, both laws will&nbsp; become the foundation for personal information protection in China, where interest in these rights has&nbsp; increased.</span></p> Jiong Sheng Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Discrimination is not just human https://ac.sclalawreview.org/index.php/ac/article/view/114 <p><span style="font-weight: 400;">The pandemic will leave us with a new perception of the benefits of Artificial Intelligence (AI)&nbsp; technologies for decision making. All over the world people are acknowledging that this technology has&nbsp; been used on a daily basis without their knowledge. But they are also recognising that its implementation&nbsp; has become a necessity to the public interest. </span></p> Natalia Jara Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 China’s digital signatures: What you need to know about the virtue that Covid turned into a necessity https://ac.sclalawreview.org/index.php/ac/article/view/112 <p><span style="font-weight: 400;">Social distancing has become a familiar phenomenon worldwide to contain with the spread of Covid 19. Despite an increasing number of people being trapped at home, economic activities cannot stop. This&nbsp; means contracts and other legally valid documents that might have been signed by hand must now be&nbsp; signed electronically. For many electronic contract signing platforms, we are entering a golden age. </span></p> Zhu Yaolong Lu Hang Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Can AI be held accountable for misleading impressions?: Why solving digital gender bias needs humans https://ac.sclalawreview.org/index.php/ac/article/view/113 <p><span style="font-weight: 400;">Following International Women's Day 2020, the French National Bar Council (CNB) gathered fifteen&nbsp; women lawyers, engineers, professors, researchers, programmers and entrepreneurs to seek solutions to&nbsp; gender bias in artificial intelligence algorithms. </span></p> Christiane Féral-Schuhl Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Swiss start ups gain Covid-19 support https://ac.sclalawreview.org/index.php/ac/article/view/78 <p><span style="font-weight: 400;">On 22 April the Swiss Federal Council enacted financial support measures for start-ups in Switzerland. Prior to this, most start-ups had no access to the government’s general financial measures set out in March, which was limited to financial support of up to ten percent of the sales generated in the preceding business year. Unable to present significant turnovers in their prior years, many start-ups found themselves ineligible for such credit. Furthermore, the pandemic has made raising start-up funds more complicated. </span></p> Peter Ruggle Copyright (c) 2020 Swiss Chinese Law Review 2021-07-06 2021-07-06 1 2 When governments put too much trust in clarity https://ac.sclalawreview.org/index.php/ac/article/view/109 <p><span style="font-weight: 400;">Preconceptions can be found in government legislation. They are the most difficult for lawyers to&nbsp; challenge and get changed, because they are often backed by political decisions and priorities that conflict with what might seem right from the perspective of an objective third party. </span></p> Eric Fiechter Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Compliance: Ensuring a safe haven for business https://ac.sclalawreview.org/index.php/ac/article/view/121 <p><span style="font-weight: 400;">There’s an old saying: smooth seas never made a good sailor. The past months have undoubtedly brought&nbsp; one of the biggest global challenges our generation ever faced. In the corporate context, going from an&nbsp; environment that was almost one hundred percent face-to-face to one hundred percent virtual threw&nbsp; employees and senior management in deep waters. Crucially, we need to understand how these changes&nbsp; have affected the companies' compliance environment. </span></p> Luciano Inácio de Souza Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Recovering from The Pandemic through Responsible Contractual Behavior https://ac.sclalawreview.org/index.php/ac/article/view/119 <p><span style="font-weight: 400;">In the second wave of the Covid-19 pandemic we are still seeing an unprecedented closure of personal&nbsp; and commercial activities, causing unparalleled vagaries in global economic conditions.&nbsp;</span></p> <p><span style="font-weight: 400;">Is there light at the end of the tunnel? Perhaps, if we believe the UK government. A non-statutory guidance note published in May regarding “Responsible Contractual Behavior in Performance and Enforcement of Contracts Impacted by the COVID-19 Emergency” aimed to encourage responsible behavior in the administration of existing contracts</span></p> Muhammad Arslan Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2 Italian Lease Agreements during Covid-19: Where does force majeure not apply https://ac.sclalawreview.org/index.php/ac/article/view/120 <p><span style="font-weight: 400;">Commercial lease agreements have not been spared the knock-on effects of the pandemic. Following&nbsp; containment measures by Italy’s government and regional presidents, many traders and entrepreneurs&nbsp; were forced to suspend their activities for substantial time periods. They have suffered significant&nbsp; economic losses. </span></p> Guiscardo Lodovico Pireni Munari Cavani Copyright (c) 2020 Swiss Chinese Law Review 2021-08-02 2021-08-02 1 2