ALB JUNE 2024 (CHINA EDITION)

18 ASIAN LEGAL BUSINESS CHINA • 亚洲法律杂志-中国版 JUNE 2024 COVER STORY number of cases across various prominent arbitration institutions worldwide. FUTURE OUTLOOK As dispute resolution becomes increasingly specialized and rules are continually updated, winning firms have shared more of their case handling experiences and future focus areas with ALB. Hew from Rajah & Tann, drawing on his decades of specialization in international construction and energy infrastructure projects, advocates for diversified dispute resolution methods. “International construction projects have a long cycle, usually three to five years or even longer. Many problems will emerge during such a long period. If all of them are to be resolved through traditional methods of litigation and arbitration, it will consume a lot of manpower, financial resources and time. We should therefore adopt different dispute resolution methods to resolve problems as early as possible,” he suggests. He also encourages the use of mediation. “Lawyers can attempt to resolve disputes more through mediation. Even after arbitration has been applied for or initiated, we can still conduct mediation. If a settlement is reached during meditation, the arbitration mechanism can also ensure that the settlement agreement is enforced,” notes Hew. Zhao from Global Law Office echoes this sentiment, emphasizing the importance of tailored dispute resolution strategies that align with clients’ commercial objectives. “By engaging in negotiations concurrent with ongoing litigation or arbitration, or using these processes to facilitate negotiations, we enhance our clients’ bargaining positions, aiming to resolve disputes cost-effectively and efficiently,” he states. Bai from RongYing Law Firm advises against a one-size-fits-all approach to dispute resolution, suggesting that strategies should be adapted to the specifics of each case, including the parties involved and the relevant trial or arbitration institution. “For example, in commercial disputes, making strategic use of interim measures can be effective. These measures are swift to implement and can immediately impact, helping parties reach settlements and avoid the costs and risks of prolonged litigation,” he notes. Looking ahead, Zhao indicates that the dispute resolution team at Global Law Office is focusing on investment and financing disputes, such as investment bets, performance compensation, and investor rights protection. “These areas are highly competitive and handling such cases effectively is crucial,” he adds. The core competitiveness of dispute resolution lawyers, according to Ji from East & Concord Partners, lies in continually enhancing their professional skills. “Lawyers must stay abreast of changes in laws, rules, and trial practices, and continuously sharpen their litigation and arbitration skills,” he emphasizes. 上海 杭州 宁波 常州 江阴 南通 南昌 郑州 上饶 河内 东京 印尼 WWW.JOINT-WIN.COM 021-60742766 上海浦东新区陆家嘴环路 479 号上海中心大厦 61 F Shanghai Tower 61F,479 Lujiazui Ring Road,Pudong New Area,Shanghai 专业主义为本 客户价值优先 正策律师事务所成立于2008年,总部位于上海,在 杭州、宁波、常州、江阴、南通、上饶、南昌、郑州 等地设有分所。在越南河内,我们设立了第一家境 外分所,在日本东京和印尼雅加达设有办公室。目 前,正策逾600名执业律师为市场竭诚提供专业法 律服务。正策律师通过制定准确、细致的解决方 案,高效、全面地满足客户需求,在业内积累了广 泛的声誉和良好的口碑。 历经十余年探索耕耘和转型发展,正策律师事务 所已经成为业内领先的综合性律师事务所。正策 的法律服务布及23个执业领域、14个行业类别。 正策律师追求专业与高效,提供的法律服务能够 始终尊重和满足客户在多个专业领域的各种需 求。正策将秉承「专业主义为本,客户价值优先」 的宗旨,持续行业创新与探索。 PROFESSIONALISM ORIENTED CLIENT VALUE FIRST

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