Jamieson Kirkwood on Characterization (and Registration) of a “BRI Dispute” (Asian Journal of International Law)

"Characterization (and Registration) of a “BRI Dispute”"
Jamieson Kirkwood
Asian Journal of International Law, First View
Published online: October 2023

Abstract: This article explores the terms “BRI dispute” and “BRI jurisprudence”. It undertakes a practical and theoretical analysis that considers whether “BRI disputes” have distinct and visible characteristics and are capable of being identified in a legal sense. This is important since practitioners – arbitration centres and law firms – use the term broadly and without specific criteria. By exploring the customary usage and the approach of legal scholars to the term, presenting examples of “BRI disputes” and examining their unique features, and constructing a theoretical approach (utilizing the concepts of ratione materiae, ratione loci, ratione temporis, and ratione personae; and considering the jurisprudence of the ICSID), this article moves from a broad to a narrow analysis to develop both a definition and a system of registration of “BRI disputes” for use by academics, practitioners, and policymakers.

Jamieson Kirkwood on Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution (Sing JLS)

" Constructing a Theoretical Framework for a Rules-Based Approach in BRI Dispute Resolution"
Jamieson Kirkwood
Singapore Journal of Legal Studies
Published online: September 2023

Abstract: This article constructs a theoretical framework that sets out the basis for instituting a rules-based approach in BRI dispute resolution. This article is a response to the fact that there have been numerous calls for instituting a rules-based approach in BRI dispute resolution, but there has been little written in terms of laying a theoretical foundation for doing this. In such way, this article fills this gap by analysing what a rules-based approach to dispute resolution means, exploring what the BRI actually is and considering why rules are understood to be necessary in BRI dispute resolution. Although the article principally adds to the ongoing academic discussion regarding the reform of BRI dispute resolution it is also of use to practitioners and policy makers active in this field.

Julien Chaisse & Jamieson Kirkwood on Tokenised Funding and Initial Litigation Offerings: the New Kids Putting Third-party Funding on the Block (Law and Financial Markets Review)

"Tokenised funding and initial litigation offerings: the new kids putting third-party funding on the block"

Julien Chaisse & Jamieson Kirkwood

Law and Financial Markets Review 
Published in December 2022 online

pp.1-23
https://doi.org/10.1080/17521440.2022.2153609

Abstract: This article presents a critical assessment of how blockchain technology is disrupting the monetisation of litigation claims through tokenization – and consequently further shaking up a revolutionary area in litigation financing. The significance in litigation financing is chiefly because tokenization presents securities to the general public in a far more accessible way than was previously the case – and even might enable non-accredited investors to participate in certain litigation financing investments for the first time (or with reduced barriers to entry). The assessment also considers the implications of a litigation pool that was already growing towards USD 20 billion, potentially now getting even larger. We further consider the regulatory challenges and the new moral hazards created in this fast-moving space.

Julien Chaisse & Jamieson Kirkwood on Taxing the Future: Digital Stateless Income, Business Organisation, and the Search for a New Regulatory Paradigm (Singapore Journal of Legal Studies)

"Taxing the Future: Digital Stateless Income, Business Organisation, and the Search for a New Regulatory Paradigm"

Julien Chaisse & Jamieson Kirkwood

Singapore Journal of Legal Studies

Published in September 2022 

pp. 267-289

Abstract: At a time when “stateless income” is the main tax imperative, this article analyses the challenges of internationalising taxation of multinational enterprises in the digital economy and traversing the normative solutions provided so far (and still to be provided) by both coordinated and unilateral rules and policies. In such a way, this article is therefore firmly entrenched at an important intersection of comparative and business law. Considering that the main problem for tax authorities might be that they have remained national—and landlocked—whereas multinational enterprises operate globally—and virtually, this article also brings into the analysis the connected issues of free trade, globalization, and State sovereignty. The article demonstrates the necessity for international and multilateral solutions such as the Organization for Economic Cooperation and Development’s Base Erosion and Profit Shifting project’s “Two-Pillar” solution and explains how this solution can be supplemented by other multilateral reforms.

Welcome to Dr Jamieson Kirkwood, PDF in Finance, Technology, Regulation and Sustainable Development

Welcome to  Dr Jamieson Kirkwood who recently joined HKU Faculty of Law as a post-doctoral fellow in Finance, Technology, Regulation and Sustainable Development.  Jamie completed his PhD at the Chinese University of Hong Kong and spent over 10 years practicing as an inhouse counsel with several multinational corporations. He is also Called to the Bar in England & Wales. 

   Jamie specialises in international economic law, regulation and development, financial law & technology and digital dispute resolution. He wrote his PhD thesis on the settlement of disputes arising within China’s Belt and Road Initiative. Whilst at CUHK, Jamie published several related articles and was awarded the prestigious Postgraduate Research Award 2020 from CUHK in recognition of his hard work.

    Currently Jamie is researching under the guidance of Professor Douglas Arner, recipient of a Hong Kong Research Grants Council Senior Research Fellowship for his project on the role of FinTech and RegTech in financial inclusion and the UN Sustainable Development Goals, as well as a 4 year RGC Research Impact Fund project focusing on FinTech policy and regulation.

     Jamie’s most recent publication (co-author with Professor Julien Chaisse of City University of Hong Kong) is Chaisse, Julien and Kirkwood, Jamieson, ‘Smart Courts, Smart Contracts, and the Future of Online Dispute Resolution’ (2022) 5(1) Stanford Journal of Blockchain Law & Policy 62-91, accessible at https://stanford-jblp.pubpub.org/pub/future-of-odr/release/1.