The ‘two faces’ of cross-border, transactional legal practice during Covid-19: how and from where have lawyers mobilised China's capital flows under lockdown?

Q3 Social Sciences

Asian Journal of Comparative Law Pub Date : 2023-02-27 DOI:10.1017/asjcl.2023.3

Michael Yip, Amasara Gajadeera, Justin Monsenepwo, Nuraiym Syrgak kyzy

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Abstract

Abstract The narrative that banks, government departments and state-owned enterprises are the foremost protagonists in shaping China's outbound capital flows has been a commonplace view. This article seeks to expand the focus to include other under-scrutinised players: lawyers. With reference to exporting industries (such as shipping and natural gas), this article explains how lawyers – in tandem with China's governmental and judicial organs – have shifted from enabling outflows to postponing them, as a result of China's Covid-19 force majeure regime. Even with capital on pause, Covid-19 has also kept lawyers busy, prompting them to think about how to maximise their firm's proximity to the clients they have and to new clients that they want to win. Accordingly, this article also provides an overview of the techniques used by predominantly Anglo-American law firms to gain access to new legal markets during Covid-19, with a view to winning more work from Chinese capital-exporters and their foreign counterparties.

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2019冠状病毒病期间跨境交易性法律业务的“两面”:律师如何以及从哪里动员封锁下的中国资本流动?

摘要银行、政府部门和国有企业是塑造中国对外资本流动的主要参与者的说法已经成为一种普遍的观点。这篇文章试图将焦点扩大到包括其他未被审查的参与者：律师。关于出口行业（如航运和天然气），本文解释了由于中国新冠肺炎不可抗力制度，律师与中国政府和司法机关如何从允许外流转向推迟外流。即使资金暂停，新冠肺炎也让律师们忙得不可开交，促使他们思考如何最大限度地接近他们拥有的客户和他们想要赢得的新客户。因此，本文还概述了以英美法系为主的律师事务所在新冠肺炎期间进入新的法律市场所使用的技术，以期从中国资本出口商及其外国交易对手那里赢得更多的工作。

本文章由计算机程序翻译，如有差异，请以英文原文为准。

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来源期刊

Asian Journal of Comparative Law Social Sciences-Law

CiteScore

1.00

自引率

0.00%

发文量

期刊介绍： The Asian Journal of Comparative Law (AsJCL) is the leading forum for research and discussion of the law and legal systems of Asia. It embraces work that is theoretical, empirical, socio-legal, doctrinal or comparative that relates to one or more Asian legal systems, as well as work that compares one or more Asian legal systems with non-Asian systems. The Journal seeks articles which display an intimate knowledge of Asian legal systems, and thus provide a window into the way they work in practice. The AsJCL is an initiative of the Asian Law Institute (ASLI), an association established by thirteen leading law schools in Asia and with a rapidly expanding membership base across Asia and in other regions around the world.