服务对外开放,聚焦“一带一路”涉外法律服务
4. The Service is Open to the Outside World, Focusing on“The Belt and Road Initiative” Foreign-Related Legal Services
“十四五”期间,国内法治和涉外法治的统筹将成为一个重要的课题。为了适应更高水平的对外开放需要,更好地服务企业、维护公民个人的合法权益,坚定地维护国家主权安全和发展利益,律师将在涉外法治工作中发挥越来越大的作用。天津作为世界重要的港口城市,要面临的挑战尤为突出。
During the 14th Five-Year Plan period, the coordination of the domestic rule of law and foreign-related rule of law has become an important issue. In order to meet the needs of opening to the outside world at a higher level, better serve enterprises, safeguard the legitimate rights and interests of individual citizens, and firmly safeguard national sovereign security and development interests, lawyers will play an increasingly important role in foreign-related legal work. As an important port city in the world, Tianjin faces particularly outstanding challenges in this regard.
几年来,天津四方君汇律师事务所涉外法律服务团队积极探索涉外服务领域,努力提升服务品质,接受新加坡BIOCELIX公司、美国XPEL等非诉讼委托,在知识产权、投资股权争端等领域提供了高质量的法律服务;曾参与天津滨海国际机场与航空公司之间的债权债务处理,并与国际组织欧中发展协会和天津外经协会合作,不断探索中国企业“走出去”涉外法律服务的模式与方法。
In the past few years, the foreign-related legal service team of Tianjin Join&High Law Office has actively explored the field of foreign-related services and strived to improve the quality of services. It has accepted non-litigation commissions from Singapore BIOCELIX and US XPEL, providing high-quality legal services in intellectual property, investment and equity disputes and other fields. Participated in the settlement of claims and debts between Tianjin Binhai International Airport and related airlines, cooperated with international organizations Euro-China Development Association and Tianjin Association for Foreign Economic Relations, and constantly explore the foreign-related legal service models and methods of Chinese enterprises “Going Global”.
北京观韬中茂(天津)律师事务所曾接受天津渤化公司的委托,指派精通涉外争议解决法律服务的律师团队承办了渤化公司与欧洲某公司的商事纠纷案件。渤化公司隶属于天津渤海化工集团,自营和代理各类商品及技术的进出口业务。在为一家汽车零部件公司提供进口代理服务时,渤化公司与欧洲某大型汽车部件供应商发生纠纷,双方对合同主体、质量及供货期限约定以及具体法律规定的理解存在差异,最终决定通过仲裁程序解决争议。外方在中国国际经济贸易仲裁委员会北京总会提出仲裁请求,要求渤化公司为第三方(真实供货方)延迟供货承担高额赔偿责任。律师们深知渤化公司既肩负着国有资产保值增值的重任,又承担着在国际市场打造“中国名片”的大计,因此对该案十分重视。经深入研究中外合同法律规定及对合同主体理解的异同,探讨涉外合同约定内容背后的法理,历时两年,经过数次沟通和开庭,中方不仅争取到了仲裁庭的支持,而且也获得了对方当事人的认同,最终仲裁庭驳回了欧洲公司的全部仲裁申请,渤化公司无须向对方进行任何给付,既避免了近百万欧元国有资产的损失,又在国际合作伙伴面前维护了中国企业的良好形象和应有的尊严。
Guantao Law Firm (Tianjin) accepted Bohua Company's entrustment to assign a team of lawyers proficient in foreign-related dispute resolution legal services to undertake a commercial dispute case involving Tianjin Bohua Company in a European company. Bohua Company is affiliated to Tianjin Bohai Chemical Group, which is engaged in the import and export business of various commodities and technologies by itself and as an agent. When providing import agency services for an auto parts company, Bohua Company had a dispute with a large European auto parts supplier. The two parties had differences in their understanding of the contract subject, quality and supply period agreement, and specific legal provisions, and finally it was decided to resolve the dispute through arbitration procedures, and the foreign party filed an arbitration request in Beijing CIETAC, demanding that Bohua Company be liable for high compensation for the third party (the real supplier) for delayed supply. Guantao’s lawyers know that Bohua Company not only shoulders the important task of maintaining and increasing the value of state-owned assets, but is also related to the grand plan of creating a “Chinese business card” in the international market, and attaches great importance to this case. After in-depth study of the similarities and differences between Chinese and foreign contract laws and understanding of contract subjects, and discussing the legal principles behind the content of foreign-related contracts, it lasted for two years, after several communications and hearings, not only won the support of the arbitration tribunal, but also won the approval of the other parties. In the end, the arbitration tribunal rejected all arbitration applications of European companies. Bohua Company did not need to make any payment to the other party, which not only avoided the loss of nearly one million euros of state-owned assets, but also maintained the good image and application of Chinese companies in front of international partners. (https://www.daowen.com)
2021年1月14日,天津市律师协会与天津市司法局、天津大学法学院合作设立了天津市涉外律师学院。这所学院依托天津大学法学院的优质师资和雄厚的科研力量,以国家发展需要和社会需求为导向,力图加快对新时代涉外律师领军人才的培养,推动涉外法律服务业的不断发展,创建更高水平的对外开放格局。
On January 14, 2021, Tianjin Municipal Bureau of Justice, Tianjin University Law School and Tianjin Lawyers Association jointly established Tianjin Foreign Lawyers College. Relying on the high-quality teachers and strong scientific research capabilities of Tianjin University Law School, this college is oriented to national development needs and social needs to accelerate the training of leading foreignrelated lawyers in the new era, promote the continuous development of the foreignrelated legal service industry, and promote higher horizontal opening up pattern.

2021年4月17日,由天津市律师协会委托天津大学法学院承办的“天津市涉外律师学院2021年第一期涉外律师培训班”开班合影
On April 17, 2021, a group photo of “the first training course for lawyers of foreign affairs in 2021” organized by law school of Tianjin University entrusted by Tianjin Lawyers Association
天津市律师协会和天津大学法学院将进一步落实《天津市涉外律师人才培养合作协议》,开展交流合作,进一步提升天津市律师行业涉外法律服务的能力和水平。目前,天津市涉外律师呈现出年轻化、“海归”比例高的特点,发展潜力十分巨大。律师协会将始终把人才培养作为重点工作任务,努力打造一批政治素质高,通晓国际规则,具有国际眼光、国际视野的天津涉外律师领军人才。
Tianjin Lawyers Association and Tianjin University Law School will further implement the Tianjin Foreign Lawyers Training Cooperation Agreement to develop important content of exchanges and cooperation, and further enhance the level of foreign-related legal services in Tianjin's lawyers industry. At present, Tianjin foreign-related lawyers have shown the characteristics of being younger and having a high proportion of “returnees”, and they have great potential for development. Tianjin Lawyers Association will always take the training of talents as a key task, and strive to create a group of leading foreign lawyers in Tianjin with high political quality, familiarity with international rules, and an international perspective.