“十五五”时期中国企业“出海”如何避坑？涉外法律服务专家这样说

Core Viewpoint - The article discusses the increasing cross-border commercial disputes faced by Chinese enterprises as they expand overseas, emphasizing the importance of legal services in preventing and managing these issues effectively [1]. Group 1: Legal Services and Arbitration - The China International Economic and Trade Arbitration Commission reported a record high in arbitration cases, with 6,013 new cases accepted in 2024, a 14.82% increase year-on-year, and a dispute amount of 188.96 billion, up 25.12% [6]. - The 2024 version of the arbitration rules is highly regarded internationally, being ranked as the fifth most popular arbitration rule globally in the 2025 International Arbitration Survey [6]. - The introduction of a combination of arbitration and mediation has efficiently resolved thousands of disputes, showcasing an innovative "Eastern experience" [6]. Group 2: Notary Services - The globalization of Chinese enterprises is evolving from "product going abroad" to "brand going abroad" and "compliance going abroad," leading to diversified and multi-layered notary services [7]. - Innovations such as remote video notarization and blockchain evidence storage have streamlined the notarization process for enterprises [7]. - Notary services are transitioning from single applications to full-process services, reducing legal barriers for enterprises going abroad [7]. Group 3: Mergers and Acquisitions - Mergers and acquisitions (M&A) are viewed as a fast track for Chinese enterprises to enter local markets, allowing them to acquire existing customers, channels, and assets [8]. - Legal and compliance risks associated with M&A, such as foreign investment reviews and intellectual property protection, must be carefully managed [8]. - A comprehensive team approach involving legal, tax, business, and technology experts is recommended for designing compliant and sustainable overseas investment structures [8]. Group 4: Intellectual Property Concerns - The strategy for intellectual property (IP) must evolve from a reactive approach to a proactive management strategy as enterprises expand internationally [9]. - Common IP issues include high rates of overseas disputes and the need for thorough risk assessments before entering foreign markets [9]. - Key focus areas for enterprises include global rights layout and participation in local standard-setting to enhance competitive positioning [10]. Group 5: Criminal Risk Management - Criminal risks are becoming a common challenge for enterprises going abroad, necessitating special attention to cross-border financial and data security risks [11]. - Establishing preventive measures, such as criminal risk assessments and crisis management systems, is crucial for mitigating potential legal issues [11]. - A structured approach to managing criminal risks can help enterprises navigate complex legal environments effectively [11].