"As Chinese firms expand overseas, legal spotlight turns on cross-border disputes"
Alyssa Chen
South China Morning Post
6 October 2024
Chinese enterprises setting up overseas are navigating a minefield of legal challenges, making effective dispute resolution through arbitration more crucial than ever...
International arbitration is a preferred method for resolving cross-border commercial disputes outside traditional court systems and involves parties from different jurisdictions submitting their conflicts to a neutral arbitration centre...
Experts cautioned that Chinese companies face significant hurdles in international arbitration because of limited understanding, language barriers, the selection of arbitration venues and differences in legal systems – obstacles that require additional support and guidance from the Chinese government...
Chinese firms might find themselves at a disadvantage because of differences between the civil law system they are accustomed to in China and the common law systems prevalent in many Western countries, particularly regarding the handling of document requests and evidence procedures...
In the realm of international arbitration, Hong Kong was increasingly proving to be an indispensable bridge between Chinese legal practices and global standards, leveraging its unique position under the “one country, two systems” principle, Weixia Gu said.
Hong Kong’s legal system presented multiple strengths in international arbitration, such as the robustness of its common law, a deep-seated legal culture, abundant bilingual legal talent and the judicial reasoning embedded in its case law system, according to Gu.
“The city – the only place in China practising common law – brings a wealth of case law and a distinctive legal thinking that provides significant learning opportunities for arbitration institutions in mainland China,” Gu said...
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