International Journal of Business Management and Economics and Trade, 2026, 7(2); doi: 10.38007/IJBMET.2026.070204.
Yuan Gao
Private Equity Practice Group, Gibson, Dunn & Crutcher LLP, New York, 10166, United States
With the acceleration of global cross-border capital flows, cross-border mergers and acquisitions have become the main avenues of international direct investment. This article starts from the intersection of US law and international investment law and comprehensively sorts out the key legal risks in cross-border mergers and acquisitions, especially due to national security review, antitrust review, differences in legal systems, and imperfect investor protection mechanisms. The article analyzes the review logic of CFIUS, the reform of the FIRRMA Act, and treaty frameworks such as ICSID, NAFTA/USMCA, and explains the fragile rights and institutional uncertainty characteristics faced by current investors. Based on this foundation, the article argues that optimizing international investment governance structures requires strengthening due diligence, designing transaction structures with greater legal transparency, and improving multilateral arbitration and cross-border judicial cooperation mechanisms. This article attempts to provide institutional references for cross-border merger and acquisition legal practices under the backdrop of US and international law.
CFIUS review; Foreign Investment Risk Review Reform Act; Protection of international investor groups
Yuan Gao. Legal Framework and International Investor EN-Protection Mechanism in Cross-border Mergers and Acquisitions Transactions. International Journal of Business Management and Economics and Trade (2026), Vol. 7, Issue 2: 28-34. https://doi.org/10.38007/IJBMET.2026.070204.
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