English Legal Writing Webinar for Malaysian and Chinese Lawyers Held Successfully
What does it mean by “application of law correctly”? Should we delete all “Shall” in legal English writing? What is opinion and what is fact? Whether there will be two No. 1s in the world, or 2 arbitrators acting in consensus in arbitration cases?
“正确适用法律（application of law correctly）”是什么意思？法律英语写作中是否应该把所有的“Shall”都删掉？哪些是观点，哪些是事实？世界上是否会有两个第一名？在仲裁案件中两位仲裁员是否会统一意见？
These interesting questions were raised in the discussion of the topics on “ABC of Legal Writing” and “Cross-Border Drafting of Commercial Contracts and Arbitration Clauses”, conducted by Jeff Leong, Poon and Wong (JLPW), and Beijing Linli Law Office, supported by China Academy of Arbitration Law (CAAL) on June 4, 2021.
在2021年6月4日召开的网络研讨会上提出了这些有趣的问题。该会议由Jeff Leong, Poon & Wong （JLPW）律师事务所和北京霖理律师事务所共同召开，由中国仲裁法学研究会（CAAL）提供支持，涵盖“法律写作的ABC”和“国际商事合同和仲裁条款起草”两个专题。
Jeff Leong, a senior partner with JLPW presided over the webinar, which received more registrations than ever before, thanks to the local law society support in Sabah, Malaysia.
Jack Tan gave a detailed presentation on the various tips of good English legal writing for junior and young lawyers in a private law firm. Highlights of such tips include “Embrace brevity”, “Use tech terms sparingly”, “Write in active voice”, “Vary sentence length”, “Consider Contexts and Purpose” etc. As Lord Denning once put it, “Words are the lawyer’s tools of trade”, Jack highlighted the methodology of how to be Accurate, Brief and Clear (ABC) in legal writing.
Dr. Jerry Zhang, founder of Beijing Linli Law Office, spoke on the cross-border drafting of contracts in the current RCEP era in Asia, in addition to co-organizing. By examining the reasons why English legal writing is important in cross-border transactions, Dr. Zhang presented his thoughts on the increasing contractarian approaches in business in China’s foreign related matters. He explained the term of “foreign related elements” under Chinese law, and discussed the essentials of commercial contracts terms in various scenario from his international arbitration experience. He recommended Bryan Garner’s book on legal writing in Plain English and also commented on the questions raised regarding drafting considerations in contractual documentation. His note of the common language (the Mandarin), the new Civil Code and the Law on Foreign Investment in China aimed at encouraging people in the region to pay more attention to the unified market-oriented trend in the new era in China.
北京霖理律师事务所创始人张玉林博士（Jerry Zhang）共同举办了此次研讨会，并就当前亚洲RCEP时代下的国际合同起草问题发言。张律师分析了法律英语写作在跨境交易中至关重要的原因，并指出，中国涉外业务越来越奉行契约主义。他解释了中国法律中“涉外因素”一词，并从其国际仲裁经验出发，讨论了在各种场合下商事合同条款的起草要点。张律师还推荐了布莱恩·加纳（Bryan Garner）的《法律写作简明英语》（Legal Writing in Plain English）一书，并就合同文件起草注意事项的提问给出了意见。他提到了中国的通用语言（普通话）、新颁布的《民法典》和《外商投资法》，希望鼓励该地区的人们更加关注中国在新时代下的统一市场化趋势。
The webinar could not accept more access beyond 100 persons due to Zoom plan restriction at the time of webinar. The organizers felt the need to re-run the webinar for those who registered for the webinar but failed to access to the virtual room due to Zoom number limit. There will be a re-run of this webinar in a few weeks’ time. Please stay tuned.