中国企业“走出去”，商事争议解决“引进来”

Core Viewpoint - The article emphasizes the need for proactive risk management in overseas investments by Chinese companies, highlighting the complexities and legal challenges they face in foreign markets [1][2]. Group 1: Legal Risks in Overseas Operations - Chinese companies face increasingly complex and diverse legal risks when operating abroad, including issues related to environmental protection, labor rights, corporate governance, intellectual property, tax compliance, and legal cultural conflicts [2]. - Factors contributing to compliance issues for Chinese enterprises overseas include a lack of understanding of local laws, insufficient due diligence, avoidance of domestic regulatory approvals, and poor management of legal documents [2][3]. Group 2: Changing External Risk Landscape - The external risks faced by companies are evolving, with significant differences in legal systems and regulatory standards across countries posing higher challenges for compliance [3]. - Public scrutiny of overseas operations has shifted from economic performance to compliance and social responsibility, with the internet enabling comprehensive monitoring of corporate behavior [3]. Group 3: Strategies for Risk Mitigation - Companies are encouraged to establish specialized risk management teams and enhance employee legal awareness, focusing on key roles such as foreign affairs managers, local HR managers, and tax managers [5]. - Legal experts suggest that companies should utilize international law and bilateral investment protection agreements to resolve legal disputes effectively [5][8]. Group 4: International Commercial Dispute Resolution - There is a pressing need to strengthen proactive research and enhance China's influence in international competition by participating in rule-making and utilizing dispute resolution mechanisms [6]. - The establishment of the Beijing International Commercial Court aims to improve the efficiency of handling foreign commercial cases and enhance the application of international treaties and practices [6]. Group 5: Arbitration and Mediation - The revised arbitration law, effective from March 1, 2026, aims to facilitate foreign parties' choice of arbitration in China, enhancing the inclusivity of the Chinese arbitration system [9]. - The establishment of the Beijing Court's International Commercial Dispute Resolution Center has successfully mediated over 300 international commercial disputes since its inception [9].