28 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 JULY 2024 DISPUTE RESOLUTION investment destinations being very popular, we expect cross-border disputes to see new growth in regions such as the Middle East, Africa, Latin America and Southeast Asia.” Luo points out that as such cases usually apply foreign law, it is difficult for Chinese lawyers to intervene in terms of substantive law, but they in fact play a pivotal role in the process. “Chinese lawyers act as the bridge between clients and foreign lawyers, and we provide foreign lawyers with assistance such as collecting and preserving domestic evidence.” “Furthermore, sometimes Chinese lawyers serve as managers of entire case projects, be responsible for engaging foreign lawyers, etc. Clients expect us to act as quality controls in overseas litigation, help assess whether advice given by foreign lawyers is appropriate, and support clients throughout the entire process.” As client needs continue to grow, Liang says that various institutions are currently “thirsty for cross-border legal talents. Judicial organs attach great importance to the cultivation of cross-border talents, and law firms are fiercely competing for them.” FUTURE TRENDS Speaking of the development trends of dispute resolution practice, Liang believes that the macro environment will continue to reshape the industry. “When clients choose dispute resolution lawyers, they now have considerably higher requirements on industry service experience, professional competency, track record and other enabling qualities. Lawyers with rich experience, strong comprehensive strength and more affordable fees will become the preferred choice.” Meanwhile, the challenges posed by the new type of legal consultant companies cannot be underestimated. “By means of efficient promotion and a strong marketing system, legal consultant companies have entered the traditional legal services industry. A large number of elite lawyers have chosen to jump to such companies, making industry competition even fiercer,” notes Liang. The rapid development of technology, especially artificial intelligence, is also worth paying attention to. In fact, AI thinking has already been extended 后疫情时代，社会、经济秩序逐渐 恢复正常，但争议解决领域仍在处理着 疫情三年非常态时期所遗留下的伤疤。 2023年和2024年迄今，中国的纠纷数量 持续上升。2023年，全国法院收案超过 4557万件，增长15.62%；全国279家仲 裁机构办理案件数量和标的都创历史新 高——案件量超60万件，标的额为1.16 万亿元。 这样的趋势也延续到了2024年：根 据最高人民法院数据，今年第一季度， 全国法院受案量超1100万件，同比上涨 约1.5%。 在体感上，争议解决律师感受到的 就是异常、持续的繁忙。“受疫情影响的 经济疤痕效应明显。投资行为频率、金 额、收益下降，无法正向获利退出，伴随 经济发展不稳定，这些都成为了冲突、 争议的导火索，导致投资类合同、金融 类借贷、公司股东、劳动争议纠纷显著 增加。”广信君达律师事务所高级合伙 人梁沐周律师说。 此外，“在监管部门严打证券类犯罪 案件和企业反舞弊得到高度重视的背景 下，涉及资本市场犯罪、职务廉洁类、欺 诈类犯罪案件也在增加”。 案件量客观增长带来的繁忙外，争 议解决律师的忙碌也受制于其他因素。 尤其“客户诉讼意愿、付费能力下降，律 师竞争加剧，争议解决机构程序要求不 断加码，律师的时间被大量的程序性、事 务性工作占据，沟通效率大打折扣，也导 致越来越忙”，梁律师坦言。 对此，青狮云岸律师事务所主任罗 锦荣律师也感触颇深“。伴随客单价下降， 想要维持原有的业绩规模，案件数量必然 要上升。与此同时，现在案件周期越来越 长，导致前几年的案件还在滚动，但为了 完成今年度创收，新业务持续进来，同时 期在办案件叠加数量更高。” 具体到较为集中的案件类型，罗律师 观察到三类：“第一类与资金融通相关，例 如借款、投资后的回购类案件；第二类和 国内或国际贸易相关，有些情况下，一家 企业一旦出现资金链断裂等情况，就可 能导致上下游多重违约。” “第三是地产类纠纷，包括境内外 债权人与开发商的诉讼、施工方与开发 商的诉讼以及购房者和开发商之间的纠 纷等等。这三类纠纷也比较清晰地反映了 现阶段的整体经济形势和内外部环境。” 案件量的增长也给纠纷处理机构，尤 其法院，带来了更多压力。在罗律师看来， 这也对律师提出了更高的要求。 “法院人均办案数量提升，对于法 官处理案件的效率提出了更高的要求， to the judicial system. Luo shares that some courts have long begun to roll out “element-based hearing” where for specific types of cases, parties only need to fill out a form without the need to submit documents such as complaints and the courts can enter judgments based on the information filled out in the form. Certainly, apart from challenges, the tools and strategies available have also increased. “In addition to litigation and arbitration, commercial mediation, negotiation and other means have now emerged, making available more methods and paths for resolving disputes,” says Liang. In this regard, “lawyers should not just file cases in courts or leading arbitration institutions. At present, the development of hundreds of arbitration institutions in China is seriously uneven, and lawyers need to make full use of this opportunity to broaden their horizon and try different channels so as to resolve disputes faster,” advises Luo. “Lawyers need to guide clients to make the right choice at the right time. Our ultimate goal is to ‘close the case and resolve the dispute’. I believe at least under the economic cycle in the next two to three years, it will remain a big trend for parties to focus on negotiation and settlement,” says Liang. “With the decline in the willingness of clients to litigate and their ability to pay legal fees, intensifying competition among lawyers, and continuous increase in the procedural requirements of dispute resolution institutions, lawyers have been preoccupied by a large volume of procedural and administrative work.” — Liang Muzhou, ETR Law Firm “客户诉讼意愿、付费能力下降，律师 竞争加剧，争议解决机构程序要求不 断加码，律师的时间被大量的程序性、 事务性工作占据，沟通效率大打折扣， 导致越来越忙。” — 梁沐周，广信君达
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