Translator：Zhang Xiaotong

On May 12, 2023, Attorney Qin Yuemin, founding partner of Tongli Law Firm, was invited by the International Investment and Trade Department of Shanghai Landing Law Offices to give a professional presentation, discussing the practice of Chinese law expert witnesses from both the expert witness and agent perspectives. Attorney Qin has acted as a Chinese law expert witness in over a dozen overseas litigations and international arbitration cases and has countered opposing expert witnesses in several international arbitration cases, giving him extensive experience.

Initially, Attorney Qin discussed the rules related to the identification of foreign laws and recommended two prominent works in this area: Expert Evidence: Law and Practice and Private International Law. He then elaborated on the rules for identifying foreign laws in Hong Kong courts, three methods for identifying Chinese law in international arbitration, and three types of expert witness reports. During trials, an expert witness can participate in three stages: Examination-in-chief, Cross-examination, and Re-examination.

Addressing the issue of expert witnesses merely providing legal opinions without attending court, Attorney Qin shared a negative case from the High Court of Hong Kong. The judge believed that if a Chinese law expert doesn't appear in court, their testimony cannot be adopted. As per the "IBA Rules on the Taking of Evidence," the absence of an expert witness might lead an arbitration tribunal to reject their opinion.

Attorney Qin highlighted several aspects of being a successful expert witness. An expert witness has an obligation to ensure neutrality and independence. Through two cases from the English and Welsh courts, he emphasized that avoiding conflicts of interest is essential for ensuring this neutrality and independence. Expert witnesses need to have qualifications, and Chinese law expert witnesses could be scholars, retired judges, or lawyers.

Expert reports need to be reliable and relevant. Besides the potential influence of a report, an expert witness's performance in court also plays a significant role. In essence, expert witnesses have a substantial impact on the final outcome of a case.

Drawing from his vast experience as an expert witness, Attorney Qin shared practical insights, such as understanding the opposing attorney's questioning style during preparation and maximizing both online and offline resources. Based on his experiences of questioning expert witnesses, he also shared tips like controlling one's speed and body language during court sessions and promptly clarifying translation errors.

Qin's presentation was witty and entertaining, occasionally integrating Cantonese and Shanghainese, which brought delightful chuckles from the audience. After his speech, audience members raised various questions about the neutrality of expert witnesses, the number of expert witnesses, the weight of written vs. oral testimony, among others. Attorney Qin answered each query comprehensively. Over 400 participants watched the session online and offline.

Practicing since 1990, Attorney Qin has achieved great successes over his 30+ year career in banking, financial services, dispute resolution, and other areas. He is a chartered arbitrator of MCIArb, a director of the Chinese Society of International Private Law, and has been recognized as a top Eastern attorney, a banking and finance "industry veteran" by CHAMBERS, one of the "Top 15 Litigation Lawyers in China" by ALB, and one of the "Best Lawyers in Asia" by IFLR.

Landing's Cross-border Legal Services Introduction

Landing Law Offices have exceptional strengths in foreign-related legal services. With over 160 partners, attorneys, or assistants in their main and branch offices capable of offering foreign-related legal services, they can provide high-quality legal services in areas such as foreign investment, overseas investment, international trade, foreign-related commercial litigation, and international commercial arbitration. Most of them have overseas education, training, or work experience, an international perspective, and proficiency in languages including English, Japanese, Korean, German, and Spanish. Landing Law Offices serves clients from dozens of countries worldwide, many of whom rank among the Fortune Global 500 or China's Top 500 enterprises.

Contact for the International Investment and Trade Department: intl@landinglawyer.com