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The Regulation of Foreign Lawyers’ Participation in Arbitration Proceedings in the People’s Republic of China

Author: Daniel Arthur LAPRÉS

Type: Article

ref: 32010224-232

N0:3 of 2010

Pages: 224-232

The interplay of the regulations with respect to the practice of law in general and those covering the activities of representative offices of foreign law firms in particular, while giving rise to doubt about the framework’s conformity with the GATS, sheds a cloud of uncertainty over the perimeter of intervention of foreign lawyers in arbitrations in the People’s Republic of China. The representation of clients in proceedings subject to foreign law is authorized at least for lawyers attached to representative offices, but where matters of Chinese law are concerned, foreign lawyers are a priori not authorised to act. An incident falling in the interstices of the regulations could give rise to financial, professional, administrative and even penal consequences in the PRC as well as in any concerned attorney’s home country.