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To thoroughly implement the national policy of “promoting the development and growth of private enterprises,” establish a cross-border dispute resolution exchange platform for private businesses, integrate legal resources between Beijing and Hong Kong, and assist enterprises in risk mitigation and efficient rights protection, On the afternoon of September 15, Attorney Cao Chunfang, Executive Director of JAVY Law Firm, was invited to participate in the “Empowering Arbitration · Safeguarding Overseas Expansion” seminar. This event, hosted by the Beijing Business Service Industry Federation, was part of the 2025 7th UBBS Business Festival and China Arbitration Week. As a key component of the 13th China Arbitration Week, the seminar focused on cross-border dispute resolution pathways for private enterprises, attracting numerous representatives from the legal community, business sector, and trade associations.

Keynote Address

During the keynote session, Attorney Cao Chunfang delivered an in-depth analysis titled “Choosing Cross-Border Dispute Resolution Methods: Practical Criteria for Lawyers in Arbitration and Mediation,” drawing on practical data and representative cases.

Attorney Cao noted that as private enterprises accelerate their internationalization, the incidence of cross-border disputes has risen significantly, with three categories—payment recovery, contract performance, and intellectual property infringement—accounting for over 80% of cases. Traditional litigation faces multiple challenges in cross-border scenarios: lengthy procedures may cause enterprises to miss market opportunities, high cross-border litigation costs further squeeze profit margins, and the adversarial nature of litigation may damage commercial relationships. In contrast, arbitration and mediation, with their flexibility, efficiency, and cost advantages, are becoming popular choices for private enterprises seeking cross-border dispute resolution.

Attorney Cao emphasized that there is no “best” cross-border dispute resolution method—only the most suitable choice. She analyzed how enterprises should select dispute resolution methods from three dimensions: First, the nature of the dispute and the evidentiary foundation are the primary considerations for choosing a specific resolution path. Second, enterprises must base their decisions on their actual needs, prioritizing core objectives and long-term interests. Third, they must fully consider the unique characteristics of cross-border scenarios, particularly focusing on issues related to jurisdiction and enforcement, as well as cultural and legal differences.

In conclusion, Attorney Cao emphasized that whether opting for final arbitration based on dispute nature or selecting flexible mediation aligned with corporate needs, both approaches ultimately require professional support throughout the process. She advised businesses to standardize dispute resolution clauses and clearly define applicable law provisions at the outset of transactions—prioritizing Chinese law and specifying CISG applicability rules. During dispute resolution, she recommended proactively creating mediation opportunities and effectively utilizing preservation measures.

Roundtable Discussion

During the roundtable discussion on “The Importance of Efficient Dispute Resolution Mechanisms for Overseas Enterprises,” Attorney Cao Chunfang emphasized that companies' core demand in selecting dispute resolution methods lies in achieving a dynamic balance among “enforceability,” “cost,” and “efficiency.” This reflects enterprises' fundamental pursuit of certainty in commercial interests after expanding overseas. Clients seek the optimal solution that guarantees enforceability, keeps costs within budget, and matches operational efficiency needs. The ultimate goal is to maximize protection of core commercial interests through dispute resolution while minimizing disruption to normal business operations.

Regarding legal risk prevention for Chinese enterprises going global, Attorney Cao offered several recommendations: Chinese enterprises with the capacity should proactively address dispute prevention measures before expanding overseas. Companies in the initial stages need not overcomplicate matters by adopting complex operational models or structural designs. As overseas operations progress and mature, and localization deepens, businesses should then integrate practical operational needs with timely, targeted adjustments to existing models or structures. This should be done in consultation with specialized advisors, including legal and tax teams.

JAVY law firm has long specialized in cross-border dispute resolution. Leveraging its deep professional expertise and extensive practical experience, the firm is dedicated to providing private enterprises with comprehensive legal support services covering the entire process and value chain. Moving forward, JAVY law firm will continue to leverage its strengths to assist private enterprises in managing legal risks associated with cross-border operations, thereby comprehensively supporting their pursuit of high-quality development.

The 13th China Arbitration Week will be grandly launched globally from September 15 to September 21, 2025. During China Arbitration Week, the 7th UBBS Business Festival and China Arbitration Week Series of Specialized Seminars will be held in Xicheng District, Chaoyang District, and Haidian District, Beijing. These seminars aim to respond to the national strategy of “balancing development and security,” promote the growth of private enterprises, advance international economic and trade cooperation, and safeguard enterprises' global expansion.

Since its establishment, the Business Alliance has consistently adhered to the principles of “high-end, professional, self-disciplined, honest, collaborative, and win-win,” upholding the philosophy of “serving members, industry standardization, resource sharing, and coordinated development.” It is committed to the mission of “standardized growth in the business services sector” and strives to build a new ecosystem for the business services industry: providing professional research reports for governments and industries; offering integrated, specialized, and one-stop consulting, training, and other business services for enterprise development. Moving forward, under the guidance of the Beijing Municipal Bureau of Commerce, the Business Alliance will collaborate with all member units to realize its vision of becoming “the integrator of global business resources, the standard-setter for business services, and the practitioner of credit evaluation institutions.” It will relentlessly pursue the development of the “China Service, Beijing Commerce” and “Smart Commerce, Beijing Leadership” brands.