On November 3, 2025, the Asia-Pacific Cross-Border Commercial Dispute Resolution Practice Salon was successfully held. This salon was hosted by the BZW National Foreign-Related Legal Committee, bringing together legal experts from Singapore, Indonesia, Malaysia, and China to discuss the latest developments and practical experiences in cross-border commercial dispute resolution.
At the beginning of the meeting, Lawyer Bai Xiao, Chairman of the Executive Committee of BZW Law Firm, Partner, and Director of the BZW National Foreign-Related Legal Committee, extended a warm welcome and sincere thanks to the guests attending the salon. Lawyer Bai pointed out that with the deepening advancement of the “Belt and Road” Initiative and the accelerated development of regional economic integration in the Asia-Pacific, economic and trade exchanges within the region are becoming increasingly close, and cross-border commercial activities are becoming more frequent. However, this also brings increasingly complex and diverse cross-border disputes. How to efficiently and professionally resolve these disputes and ensure the smooth progress of commercial activities is an important challenge and contemporary issue faced by all colleagues in the business and legal sectors. Lawyer Bai emphasized that this salon aims to build an open and professional exchange platform, pooling wisdom from all parties to jointly explore clearer and more feasible implementation paths for commercial dispute resolution in the Asia-Pacific region.
Mr. R GOVINTHARASAH , Director of Gurbani & Co LLC, officially opened the first half of the salon via a video introduction.
Subsequently, Lawyer Ang Yong Tong, Deputy Director and Director of Gurbani & Co LLC, shared Singapore’s leading advantages in international mediation and arbitration under the theme “Diversified Resolution of International Commercial Disputes in Singapore.” He noted that Singapore’s legal system is globally renowned for its arbitration-friendly policies, and the Singapore International Arbitration Centre (SIAC) is the top-ranked international arbitration institution in the Asia-Pacific and second globally, providing convenience for Chinese state-owned enterprises choosing arbitration in Singapore. Lawyer Ang also detailed the signing background and implementation status of the Singapore Convention on Mediation, emphasizing its important role in international commercial mediation. Additionally, he discussed the recognition and enforcement of Chinese court judgments in Singapore, covering topics such as how to file a case with the court and successful examples of service via WeChat.
Lawyer Inez Fidela, a lawyer from Indonesian law firm Sutedja & Partners, which has a deep cooperative relationship with Gurbani & Co LLC, detailed the recognition and enforcement of foreign judgments and international arbitration awards in Indonesia. Firstly, she introduced and recommended opting for international arbitration over cross-border litigation for international disputes involving Indonesia, as Indonesia has not yet joined any bilateral or multilateral treaties regarding the mutual recognition and enforcement of foreign court judgments. Therefore, international arbitration is more often advised for cross-border disputes. She pointed out that Indonesia is a signatory to the 1958 New York Convention, making the recognition and enforcement of foreign arbitration awards relatively common. She elaborated on the specific procedures and standards for enforcing foreign arbitration awards, including the registration stage, writ of execution stage, and enforcement stage. Lawyer Inez also introduced relevant legal remedies, as well as potential challenges and coping strategies encountered in practice.
Lawyer Phiong Xin Yu from Gurbani & Co LLC compared the recognition and enforcement of Chinese and Singaporean judgments in Malaysia. She indicated that Malaysia enforces foreign judgments through two methods: the Reciprocal Enforcement of Foreign Judgments Act 1958 (REJA) and common law. She detailed the application requirements and registration procedures under REJA, as well as the enforcement requirements under common law. Furthermore, she discussed the specific procedures and standards for enforcing arbitration awards under the Arbitration Act 2005, along with related legal remedies. Lawyer Phiong emphasized that Malaysia’s legal framework provides clear guidance for the enforcement of foreign judgments and arbitration awards, also reflecting its support for international commercial dispute resolution.
After the second half of the salon commenced, Lawyer Bai Xiao, drawing on her composite educational background, professional experience in both the United States and China, and extensive experience over the years providing foreign-related service solutions and cross-border dispute resolution for numerous large enterprises, analyzed equity repurchase disputes under the VIE structure from the perspective of international arbitration. She pointed out that while the VIE structure plays an important role in cross-border capital operations, it also faces core conflicts such as discrepancies between financial statements and fund flows, and the dilemma of offshore awards versus domestic enforcement. She outlined common defenses and investor counter-strategies, and provided practical suggestions for risk management and contract design to help investors better protect their rights and interests under VIE structures. Lawyer Bai emphasized that precise drafting of repurchase clauses, clearly defining funding obligations within the group’s scope, designing remedies that do not rely on the enforcement of monetary awards within Mainland China, and establishing pledges on the founder’s equity in offshore companies are crucial for reducing investment risks.
Against the backdrop of the imminent promulgation and implementation of China’s new Arbitration Law, Lawyer Qiao Huanran, Partner of BZW Law Firm, Executive Director of the BZW National Foreign-Related Legal Committee, leveraging his over twenty years of deep experience in international arbitration and litigation, active involvement in arbitral institutions worldwide such as the London Court of International Arbitration and the Singapore International Arbitration Centre, as well as the Supreme People’s Court of China, and his multiple roles including as a Fellow of the Chartered Institute of Arbitrators, provided guests with a detailed introduction to the main innovations and practical impacts of the new Arbitration Law reforms. He noted that this marks the first comprehensive revision of China’s Arbitration Law in thirty years, introducing key changes such as the concept of an international seat of arbitration, the independence of arbitration institutions, and the operation of foreign arbitration institutions in China, along with numerous practical suggestions. He discussed how to strategically design considerations (addressing at least six issues: choice of seat of arbitration, selection of arbitration institution, interim measures, online arbitration, governing law). He also emphasized that issues concerning Good Faith/Due Process, disclosure, and requirements for arbitrators are also particular highlights of this new Arbitration Law. Lawyer Qiao believes that the implementation of the new Arbitration Law will make China a more attractive seat for arbitration, while also providing international parties and practitioners with more choices and flexibility.
During the Q&A session, the participating guests engaged in an in-depth discussion, citing classics and authorities, on the issue of whether to distinguish between domestic arbitration law and international arbitration law.
At the conclusion of the meeting, the two parties jointly signed a strategic cooperation memorandum, agreeing to provide mutual support in the field of legal services and to jointly promote the synergistic development of their legal brands. This salon serves as the starting point for a long-term cooperation bridge between the two firms. Building on this foundation, they will commit to achieving synergy in areas such as knowledge sharing and business collaboration, working together to provide seamless and efficient legal solutions for Chinese companies going global, and jointly opening a new chapter of mutual benefit and win-win cooperation.
（host：Lawyer Rao Jing）
The successful hosting of this salon provided legal practitioners and enterprises with valuable opportunities for direct exchange, promoting the practical development of cross-border commercial dispute resolution in the Asia-Pacific region. The participating guests unanimously agreed that with the continuous deepening of globalization, resolving cross-border commercial disputes requires more international cooperation and innovative thinking. Through the in-depth discussions at this salon, participants gained a more comprehensive understanding of the latest developments and practical experiences in Asia-Pacific cross-border commercial dispute resolution, providing important references for future work and decision-making.
