Ladies first

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Since the ancient Romans, the iconic image of justice was the goddess Justitia, or “Lady Justice” as she has come to be known. Our cover story this month, Ladies in justice, explores the roles of women in China’s legal profession and gleans insightful opinions from those who have risen to the top. We look at a recent survey of female lawyers, most of whom work for domestic firms in Shanghai and Beijing, which explores the impact of gender on legal careers and has some surprising findings on perceptions of gender bias in China, and how they differ from the views of Western female lawyers.

We talk to all sections of the profession – domestic and expatriate, lawyers at law firms and in-house counsel, managing partners, even judges – to gauge views on the pros and cons of being a woman who works in the law in China. Issues such as leveraging of femininity, work-life balance and the childbearing role are examined, as well as practice areas that attract or repel women, including some insights into the male domain of litigation. It’s a must read – for both genders.

cblj-1209-prologueFrom there our coverage moves to dispute resolution, where, following China’s relentless frenzy of overseas acquisitions, “international arbitration” has become the buzzword of the moment for many Chinese companies that have ventured abroad. As our coverage reveals (Resolution revolution), international arbitration is now big business and there are chasms of difference between domestic and offshore game rules that in-house counsel and law firms alike need to be well aware of. We also explore the advantages and disadvantages of the alternative option of litigation. Experts advise that dispute management measures should factor among the top strategic issues that companies consider, even prior to going abroad. At home, we explore the turf war that erupted at the China International Economic and Trade Arbitration Commission. Some lawyers believe the dispute reveals a deeper structural problem with the commission. All agree the situation is not good for China’s reputation in this field, causing confusion for those drawing up contracts. We also include a guide to the major domestic and international arbitration centres.

Finally, Major miners unearths some new trends in mining, energy and natural resources. Chinese investors may be moving away from partners like Australia and perhaps even Latin America, due to excessive or bureaucratic regulation, while shining lights like Canada beckon due to recent regulatory changes that include a higher threshold for review of foreign investments. African and central Asian countries, meanwhile, offer higher risk but easier access and greater reward. We also explore the domestic horizon and, perhaps, some significant changes affecting foreign investment. Other recent developments include an amendment of the Interim Regulations on Resource Tax by the State Council, which some believe will change the way that companies approach mining and extraction of resources. And opinions issued by the Ministry of Land and Resources and National Energy Administration should ensure fair competition in the land and resources sectors, while encouraging private investment.

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