On February 22, 2021, Asian Legal Business (ALB), affiliated to Thomson Reuters, published the list of "2021 ALB China Top 15 Litigators". Zhang Guanglei, partner of Jingtian & Gongcheng, was among the list for his keen insights into cases and professional capacities.
Jingtian & Gongcheng congratulates Mr. Zhang on receiving this award, and expresses our heartfelt thanks to all clients for the support and trust. Jingtian & Gongcheng will continue to provide industry-leading and comprehensive legal services to our clients and the market.
After the announcement of the list, Mr. Zhang was interviewed by ALB. The following is authorized to forward.
interview with Zhang Guanglei, partner of Jingtian & Gongcheng：An Explorer of Cross-Border Dispute Resolution
Zhang Guanglei is now a partner of Jingtian & Gongcheng. As a lawyer with over ten years experience, Mr. Zhang has represented domestic and international clients in hundreds of civil and commercial cases before China International Economic & Trade Arbitration Commission and its sub-commissions, Beijing International Arbitration Centre, Shanghai International Arbitration Centre, Shenzhen Court of International Arbitration, Zhuhai Court of International Arbitration, the HKIAC, ICC International Court of Arbitration, and courts of different levels in China, which involved a variety of industries, such as real estate, finance, securities, international trade, pharmaceuticals, culture and tourism, education, Internet and manufacturing. For his excellent professional achievement, Mr. Zhang ranked in "2021 ALB China Top 15 Litigators".
Experience in Trial Advocacy: It goes without saying that trial advocacy is very important to litigators, whose performance in court largely determines the outcome of the trial. So, how do you present your case in a clear and logical manner so that the judge can see the essence of the legal facts? Mr. Zhang gave his takes on the matter：
Firstly, make thorough pre-trial preparations. "You should not improvise in court and the pre-trial preparation determines the quality of trial," said Mr. Zhang. He also pointed out that litigators should identify the nature of the case among an array of intricate legal relations when dealing with a new case, then look into every possible detail that may make breakthroughs one by one, and collect hard evidence to support the core arguments. In addition to the opinions and evidence exchanged before the trial, a written memo should be prepared to set out in detail and clearly the facts and legal basis related to the case. Secondly, highlight the key points in the trial statement. "Due to the limiting length of the trial, it is advisable for litigators not to repeat the content of the documents submitted before the trial, but to highlight their most important arguments as much as possible, so as to deepen the impression of the judge on the arguments," noted Mr. Zhang. Thirdly, answer the judge’s questions directly and not avoid them. Mr. Zhang believed that the judge has already had an overall impression on the case after reviewing the documents submitted before the trial, and hopes to get answers to his/her questions through the trial. Therefore, when the judge asks questions, litigators should provide convincing answers based on the pre-trial preparation and understanding of relevant issues, and should not avoid questions nor stall the judge off. Fourthly, do not engage in meaningless arguments with the litigator on the other side. In the opinion of Mr. Zhang, the trial is not a debate competition, and it is necessary not to be caught in meaningless logic and word games, nor to argue against the points made by the other side one by one, or it would be easy to distract the judge from the focal issue of the case. Lastly, do not ignore the courtroom manners and etiquette of litigators. "Being aggressive may not work in your favor, since it is the story-telling statement instead of fire-eating debate that the judge wishes to hear in the court. Hence, litigators should make the statement calmly and in an unhurried manner, and should not interrupt the other side at will, let alone resort to personal attacks," suggested Mr. Zhang when standing from the perspective of a judge.
English Ability is helpful for cross-border dispute resolution: As cases of cross-border dispute resolution increase both in volume and complexity, command of English language has become critical for litigators, requiring litigators to not only be able to accurately understand and express legal terms and relevant provisions in English, but also communicate with international clients in a way that they are accustomed to. Having been admitted to practice law in the P.R.C. and the State of New York, Mr. Zhang is fluent in Mandarin and English. Mr. Zhang shared his experience in this regard：
First of all, the precise understanding and interpretation of terms in English often determines the result of cross-border dispute resolution cases. Therefore, litigators should not rely on the translated case documents, or some critical information might be overlooked or misunderstood. Next, Chinese litigators need to have a basic understanding of the legal proceedings of other countries. "Cross-border cases often involve both foreign and domestic parallel proceedings, requiring Chinese litigators to have a basic understanding of overseas legal proceedings so as to communicate effectively with their foreign counterparts and craft out the best possible dispute resolution," said Mr. Zhang. Also, litigators specializing in cross-border dispute resolution should know well how to communicate with international clients, as well as how to precisely deliver messages in key tasks such as evidence collection and proposal development, while with special attention paid to details and wording. Finally, Mr. Zhang suggested that litigators practicing cross-border dispute resolution should be constantly involved in the disclosure of evidence in overseas legal proceedings and offer legal advice as Chinese law expert witnesses. Because such experience is significant for the determination of facts and legal issues in a case, litigators should carefully and meticulously review each document and weigh every word to make sure the advice is well-founded and accurate.
Put Theory into Practice: Mr. Zhang also has a distinguished academic record, who earned his LL.M. degree from The George Washington University Law School and the degree of Ph.D. in Law from China University of Political Science & Law. Mr. Zhang was also a visiting scholar at Columbia University Law School. "Dispute resolution litigators make more reference to regulations and judicial interpretations concerning civil and commercial law than any other laws. And in most cases, it is not enough to draw definite legal conclusions from the provisions alone. It is also important to understand the theory of law behind these provisions," said Mr. Zhang. Ever since college, Mr. Zhang has developed a huge interest in the theories of civil and commercial law. After earning his degrees of LL.M. and Ph.D. in Law from China University of Political Science & Law, even though did not pursue academic research, Mr. Zhang still has the habit of reading theoretical writings to constantly improve himself. Mr. Zhang insists on making necessary statement of the theories behind provisions in individual cases, and further supporting it with relevant precedents. "I always think that litigators’ advices should not be based on the simple mapping between facts and provisions, but should be well-founded in terms of theories, regulations and practice," said Mr. Zhang.
Advice to Law Students and Young Litigators: While practicing law, Mr. Zhang is acting as adjunct professor at School of Juris Master in China University of Political Science & Law and School of Law, University of International Business and Economics. Mr. Zhang shared his academic and practical experience and lessons learned with law students. "The field of cross-border dispute resolution is in dire need of litigators who have solid legal expertise, familiarity with international commercial rules and strong English language skills, which is a great opportunity for students and young litigators. In order to grasp this opportunity, the most important thing is to be firm in your conviction and persevere in studying," suggested Mr. Zhang.
Owned by Thomson Reuters, Asian Legal Business (ALB for short) is the world’s leading law magazine and one of the most influential legal media in the world. The China Top Litigators list is based on the application by lawyers and market surveys, while representative cases, significant achievements in the last 12 months, major clients, awards received, reputation and other relevant information are also taken into consideration. Xu Bangwei, Sun Shiqi, Dong Chungang, Liu Yue and Xie Peng, partners of Jingtian & Gongcheng, have been listed in "ALB China Top 15 Litigators" respectively.
