RGC Awards $5 Million in Research Funding to HKU Law 2026/27

Congratulations to our eight colleagues who were successful in the 2026-2027 round of research grant funding by Hong Kong's Research Grants Council (RGC). Seven General Research Fund (GRF) projects were funded to evaluate the Infrastructure Consultation in the Asia Pacific; to explore Human-AI Interaction in Legal Processes; to regulate Donation-Based Crowdfunding Platforms in China; to assess how can AI help Debt Mediation; to analyse Damage in Hong Kong's Law of Negligence; to examine the role of corporate law in advancing ESG in China; to evaluate the structured issues of FILs and identifying ways to minimize FILs’ impact on citizens’ rights. One Early Career Scheme (ECS) project was funded to evaluate the Necessity and Feasibility of a Sentencing Council in Hong Kong. The details of the new funded projects are as follows:

GRF:
Professor Shahla Ali
Infrastructure Consultation in the Asia Pacific, HK$827,180

Professor Benjamin Chen
Artificially Enhanced Justice: An Exploration of Human-AI Interaction in Legal Processes, HK$777,600

Professor Hui Jing
Regulating Donation-Based Crowdfunding Platforms in China: Challenges and Future Directions, HK$633,900

Professor John Liu
Can Artificial Intelligence Help Debt Mediation? A Field Experiment, HK$650,000

Professor Craig Purshouse
Damage in Hong Kong's Law of Negligence, HK$147,500

Professor James Zeng
Corporate Law and ESG in China, HK$816,000

Dr. Han Zhu
Rule of Law or Rule of Values? A Critical Comparative Analysis of Foreign Influence Laws, HK$549,240

ECS:
Professor Florence Lee
Evaluating the Necessity and Feasibility of a Sentencing Council in Hong Kong: Lessons from Comparative Perspectives, HK$599,984

RGC funded Collaborative Research Project on Mitigating Legal and Climate Risk in Asia Pacific Infrastructure Development

Congratulations to the research team awarded a RGC Collaborative Research Fund (CRF) Grant of $2 million for the project "Mitigating Legal and Climate Risk in Asia Pacific Infrastructure Development".  The project began in June 2025 for a duration of 36 months. It aims to develop a framework for assessing the sources of legal risk associated with infrastructure investment projects resulting in legal disputes. 

It is led by Prof. Shahla Ali of University of Hong Kong Faculty of Law and includes Co-Principal Investigators from HKU Law (Prof. Ying Zhu), HKU Social Sciences (Prof. David Palmer and Prof. Hui Li), and PolyU Construction and Environment (Prof. Tarek Zayed), and collaborator from HKU Institute for the Humanities and Social Sciences (Ms. ZiWei Fan).  This is another good example of an interdisciplinary collaborative research project. There are few law-related projects supported by the CRF fund, so well done to the team and hopefully we will see more CRF collaborations with legal academics in Hong Kong.

Shahla Ali on Deciding Lawsuits Outside of Court: Mediation in Hong Kong (New Book Chapter)

"Deciding lawsuits outside of court: mediation in Hong Kong"
Shahla Ali
in Margaret Y.K. Woo & Cornelis H. van Rhee (Eds), Comparative Civil Procedure (Edward Elgar Publishing, March 2025), Chapter 21, pp.501-514
Published online: March 2025

Abstract: Court mediation systems reflect the diversity of the world’s civil procedure landscape. The varying tensions between advancing relational repair and individual rights-protection likewise plays out in policy design of court mediation systems. Varied systems of court mediation reflect distinct social norms, values, culture and surrounding legal environment and impacts how individuals perceive the relative levels of efficiency, confidence and administration of justice within the civil justice systems. Court mediation in Hong Kong bears some resemblance to features of the United States, Chinese and United Kingdom mediation traditions in the sense that there is strong encouragement of court mediation, a recognition of intrinsic value of mediation, and a possibility of integrating mediation and other adjudicatory practices if parties agree. This chapter presents empirical research examining changes over time following the introduction of Hong Kong’s civil mediation reform in relation to indicators of efficiency, confidence and perceptions of justice as measured by the World Justice Project, the Worldwide Governance Indicators and Global Competitiveness Report.

Please click here to view the full text of this chapter on SSRN.

Shahla Ali on Conciliation Beyond the Courts – Aspirations and Limits of Mandated and Voluntary Court Mediation Programmes From a Multi-Jurisdictional Perspective (CPLJ)

"Conciliation Beyond the Courts – Aspirations and Limits of Mandated and Voluntary Court Mediation Programmes From a Multi-Jurisdictional Perspective"

Shahla Ali

in Comparative Procedural Law and Justice, edited by B Hess,M Woo,L Cadiet,S Menétrey, and E Vallines García (CPLJ Part XV Chapter 2)

Published online: November 2024

Introduction:

As judicial systems advance, evolving conceptions of justice are reflected in varying emphasis on the role, place and practice of conciliation beyond civil courts. How such programmes provide opportunities for party-directed reconciliation on the one hand while ensuring access to formal legal channels on the other remains an area of continued enquiry. The question this section seeks to explore is what drives the development of a nation’s particular approach to its court mediation system, whether voluntary or mandatory. How important is party choice in the success of court-connected mediation programmes? Given that ‘public means available for financing dispute resolution are not unlimited,’ a balancing of individual process choices and social efficiency requires careful investigation. Variation among such programmes in diverse societies reflects, to a large extent, distinct approaches to individual and collective responsibility for the financial, social and temporal resources required for resolution. In some jurisdictions, the design of court mediation structures may align with a view of conciliation as the mainstream, normatively preferable, rather than an ‘alternative’ approach to the resolution of disputes. In others, individual rights, protections, and choices are prioritized, with parties given the option to decide whether to engage in conciliation processes. The first part of this paper explores the motivations behind varying court mediation programme designs, voluntary or mandated, and the relative benefits, challenges and implications of such design choices. Examples of jurisdictions in which mediation has long been considered mainstream are explored to understand continuities in court-connected mediation programmes. This is followed by a discussion of comparative survey findings examining the impact of judicial mediation structure (mandated or voluntary) on perceptions of justice, efficiency and confidence in courts in ten jurisdictions.

Please click here to read the full text.

Shahla Ali's Project Update with the Institute for Transnational Arbitration (ITA)

With a growing attention to inclusivity and representation in the context of increased global integration, Professor Shahla Ali's research is inspired by the necessity to expand inclusivity and collaboration in the development of global legal instruments, as well as in the study and participation in cross-border dispute resolution and in the resolution of infrastructure disputes.

Her work includes "Forming Transnational Dispute Settlement Norms. Soft Law and the Role of UNCITRAL''s Regional Centre for Asia and the Pacific", "Comparative and Transnational Dispute Resolution", "Diversity in International Arbitration", and a recent article "The Seeming Paradox of Prevention".

To learn more about this, and to hear Professor Ali talk about her research on access to justice, watch this short video prepared for the ITA Academic Council "What I Am Working On" project.

(Please click here to view the original post prepared by ITA on LinkedIn.)

New Book Edited by Shahla Ali: Comparative and Transnational Dispute Resolution (Routledge)

Comparative and Transnational Dispute Resolution
Edited by Shahla Ali
Routledge 
Published in February 2023
270 pp.

Book Description: This edited volume presents research and policy insights into the theory and practice of dispute systems reform in diverse jurisdictions. It highlights how important extra-judicial mechanisms are for resolving cross-border disputes, as evidenced both by the breadth of scholarship dedicated to the issue and the proliferation of parties resorting to non-litigious dispute resolution mechanisms in recent years.

     Drawing on selected case studies, the book examines the impact of comparative research and policy analysis in advancing reform of dispute resolution institutions at both the regional and global levels. It explores the challenges and opportunities of understanding and assessing developments in systems of dispute resolution in diverse social and political contexts through comparative research.

     With a growing number of disputes which have come to involve cross-border issues, anyone interested in transnational and comparative dispute resolution will find this book a useful reference.

Reviews: 

‘An extraordinary collection of comparative perspectives is presented in this engaging book. It is arguably more important than at any time in the past, given increasing globalisation, to consider what current themes and approaches exist across jurisdictions that can enable us all to deal with disputes effectively. It is a delight to read and engage with the perspectives of these outstanding thinkers.’

Prof. Tania Sourdin, Dean and Head of School, Newcastle Law School

‘Anyone engaged in the serious study of legal dispute resolution should not only read this book, but also keep it at hand. Dispute resolution students, scholars, practitioners, and policymakers—especially but not only those working across borders—will find striking insights and actionable wisdom about how to research, design, and reform effective dispute resolution systems.’

Dr. Joshua Karton, Associate Professor, Queen’s University Faculty of Law

"This pathbreaking book brings new perspectives to the study of comparative and transnational alternative dispute resolution. It promises to change the way with we understand the laws, systems, and institutions undergirding the global practice of mediation, arbitration, and other extra-judicial methods."

Dr. Zach Calo, Professor of Law, Hamad bin Khalifa University College of Law and Public Policy

Summary of the book based on this link: https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4344527

Shahla Ali et al on Introduction: Reaching Sustainable Diversity in International Arbitration (new book chapter)

"Introduction: reaching sustainable diversity in international arbitration"
Giorgio Fabio Colombo, Shahla F. Ali, Filip Balcerzak, and Joshua Karton

in Diversity in International Arbitration: Why it Matters and How to Sustain It,
ed. by Shahla F. Ali, Filip Balcerzak, Giorgio Fabio Colombo and Joshua Karton  (Edward Elgar Publishing, 2022), Chapter 1, pp.2-5

Introduction: For decades, arbitration has been a preferred means for settling cross-border business and investment disputes. Given its inter-, trans-, and to some extent a-national character, there has been a natural and mostly positive trend toward harmonization in the ways arbitration is practiced and in the laws that support the international arbitration system. 

New Book edited by Shahla Ali et al: Diversity in International Arbitration: Why it Matters and How to Sustain It (Edward Elgar Publishing)

Diversity in International Arbitration: Why it Matters and How to Sustain It

Edited by: Shahla F. Ali, Filip Balcerzak, Giorgio Fabio Colombo, and  Joshua Karton 

Edward Elgar Publishing

Published in November 2022 

312 pp.

Description: After decades of focus on harmonization, which for too many represents no more than Western legal dominance and a largely homogeneous arbitration practitioner community, this ground-breaking book explores the increasing attention being paid to the need for greater diversity in the international arbitration ecosystem. It examines diversity in all its forms, investigating how best to develop an international arbitral order that is not just tolerant of diversity, but that sustains and promotes diversity in concert with harmonized practices.

    Offering a wide range of viewpoints from a diverse and inclusive group of authors, Diversity in International Arbitration is a comprehensive and insightful resource on a controversial, fast-moving subject. Chapters present arguments from practitioner, academic, institutional and governmental perspectives that identify the underlying issues and address the various ways in which the goal of diversity, whether demographic, legal, cultural, professional, linguistic, or philosophical, can be reached.

     This book’s analysis of the contemporary state of diversity in international arbitration will be a crucial read for researchers in the field. Practitioners and policy makers will also find its discussion of best practices and innovative initiatives for enhancing diversity to be invaluable.

Critical Acclaim: 

‘Ali, Balcerzak, Colombo, and Karton have edited a unique tour-de-force of diversity issues ranging from personal identity to legal culture to environmental impact. The editors have compiled an impressive anthology of approaches to fostering diversity from a “who's who” of authors making an impact on the ground already in this space. This is a must-read book for any law firm lawyers, corporate counsel, organizational leaders, arbitration institution administrators, and concerned arbitrators looking for ways to increase the environmental, social, and governance (ESG) savviness of their organizations and independent practices.’

– Victoria Sahani, Boston University, US

‘Two generations ago, the international arbitration community comprised an arcane brotherhood – a mafia of the pale, male and stale. “[O]ur own cultures are largely invisible to us; they are simply our “common sense” understandings of the world.” The fascinating chapters in this book lift the veil on unconscious biases, demonstrating how inclusion is crucial to maintaining the legitimacy of arbitration today. I love it!’

– Louise Barrington, Arbitrator, co-founder of ArbitralWomen and of Hong Kong’s Vis East Moot

AJLS Book Discussion: Non-Governmental Orphan Relief in China: Law, Policy and Practice, by Anna High (Zheng Xu and Shahla Ali)

"Book Discussion: Non-Governmental Orphan Relief in China: Law, Policy and Practice, by Anna High: Comments by Zheng Xu and Shahla Ali"
Zheng Xu & Shahla Ali

Asian Journal of Law and Society
Published on 13 July 2022

Abstract: Anna High's masterful and thoughtful book, Non-Governmental Orphan Relief in China: Law, Policy and Practice, examines the interplay between non-governmental and governmental orphan relief efforts in Mainland China. Both specialist and non-specialist readers will appreciate the humanitarian value of this work, focusing as it does on issues of child rights in the context of China's most disadvantaged children — gu'er, otherwise known as "the lonely orphans."

     High's book is the result of in-depth socio-legal case-based research published by the Routledge Contemporary China Series focusing on the legal grey zone of non-state orga­nized gu'er relief in contemporary China. It draws on a multi-year process participant observation and semi-structured interviews with non-governmental organizations (NG0s) and private caregivers across rural and urban China to shed light on the ambiguous role of law in child welfare. The author's nearly decade-long longitudinal ethnographic fieldwork reflects recent developments in Chinese charity law, with particular reference to the silent, and at times invisible, uphill struggle of non-governmental gu'er welfare pro­viders in China.

     In the opening chapters of the book, High provides background on the condition of Chinese gu'er. Drawing on extensive fieldwork, High systematically depicts the causes of abandonment, the vulnerability of the orphan, and, importantly, the contri­bution of private caregivers. She illustrates individual stories through in-depth case-studies to provide context for the rapidly changing laws and policies in the private relief sector. Importantly, she highlights the political and ideological context sur­rounding the sensitive question of "who looks after our children" in the Chinese context ... 

Shahla Ali on Transnational Commercial Law in the OUP Handbook of Transnational Law (new book chapter)

"Transnational Commercial Law"

Shahla Ali in Peer Zumbansen (ed)

OUP Handbook of Transnational Law, 

Oxford University Press

21 September 2021

Abstract: Alongside a growing recognition that the traditional territorialist theory is limited in its ability to deal with intensifying cross-border dealings, a pluralistic converging of a multiplicity of legal orders (including domestic) to ensure the efficacy of cross-border commercial law is emerging. The future development of a transnational legal order will reflect the intensifying interactions between diverse norms, laws, actors and institutions – mirroring not necessarily the end of the nation state - but requiring a wider loyalty beyond nation state. To understand these dynamics, this chapter will explore developments in the field of transnational arbitration by examining the evolution of relevant substantive commercial laws and procedure, key forces including global soft law-making bodies, relevant actors including the nation state, arbitrators, parties and institutions, and relevant norms and governance processes influencing the continued evolution of transnational arbitration...  Click here to read a manuscript version of the book chapter.

New Book by Shahla Ali: Forming Transnational Dispute Settlement Norms: Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific (Edward Elgar Publishing)

Forming Transnational Dispute Settlement Norms:
Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

(Asian Commercial, Financial and Economic Law and Policy series)
Shahla Ali
Edward Elgar Publishing
Published on 25 May 2021
288 pp.

Description: This thought-provoking book examines whether regional centres associated with global legal institutions facilitate expanded citizen engagement in global soft law making. Through an analysis of empirical research into the role of decentralized soft law making in the East Asian region, it investigates the influence of such regional centres in overcoming representational deficits in the design of cross-border dispute settlement norms.

Review: 

'Shahla Ali provides a richly detailed case study that illuminates how soft law is actually created and becomes effective. In doing so, she also shows how transnational dispute resolution norms are developed and how they become a form of legal regulation even in the absence of coercive enforcement power. Thus, this book is a must for scholars of global legal pluralism, practitioners of transnational dispute resolution, and all those interested in understanding in granular detail how international law is created and develops power over time.'

– Paul Schiff Berman, The George Washington University, US

'Shahla Ali's excellent new book on the role of UNCITRAL's Regional Centre for Asia and the Pacific in soft law-making shows the importance of rigorous, in-depth empirical analysis to test and support theoretical arguments calling for direct citizen participation to confirm the legitimacy of global norms.'

- Steven Wheatley, Lancaster University Law School, UK

'International commercial arbitration has long been subject to criticism for unequal access to and participation in shaping the rules and practices of this transnational legal order. Professor Ali's book breaks new ground on this key issue for the legitimacy of commercial arbitration by persuasively documenting a success story in broadening and deepening Asian state participation. The book shows that the success of UNCITRAL's International Trade Law Regional Centre for Asia and the Pacific may provide a model for other regions.'

- Bryant Garth, UCI Law, US and author of Dealing in Virtue

'This book leverages original data and novel methods to show convincingly how a regional soft lawmaking institution can overcome deliberative deficits, asymmetries in lawmaking influence, and failures to appropriate national and local creativity in global trade lawmaking. By imaginatively ''mapping the middle,'' Shahla Ali persuasively demonstrates the integral ways that a regional body can consolidate responsive transnational legal orders (TLOs) by harnessing state and non-state innovation and adaptations to diverse economic and legal contexts. In so doing Ali discovers new variants of TLOs and opens up exciting frontiers for research and theory.'

- Terence Halliday, American Bar Foundation, and co-author of Global Lawmakers: International Organizations in the Crafting of World Markets

'This study of the growing role of Asia-Pacific countries in the governance of international dispute resolution combines sophisticated treatments of the relevant legal instruments and theoretical literature with rigorous empirical analyses. It is impossible to ignore this evidence of decentralized transnational legal ordering and how it might be fostered by regional institutions.'

- Kevin E. Davis, NYU School of Law, US

'It is rare to have 5 years of our work performance scrutinized academically, and peer-reviewed. I cannot escape a sense of relief after reading this remarkable work by Professor Shahla Ali. Her work shows the importance of having more Regional Offices, not only of UNCITRAL, but, I dare to say, also of the HCCH and UNIDROIT. This book demonstrates how they are key enablers of legal reforms and relevant platforms to ensure equal access to legal knowledge. One of the possible conclusions reading this book, is that such work reduces non-tariff (sometimes invisible) trade barriers, and has tremendous side effects like levelling the playing field for practitioners and legal educators from parts of the world often meriting less attention and resources. For example, without such work, we would have never seen DPR Korea or Laos adopting the CISG and its core value: party autonomy. This book is indispensable for any one engaged with legal reforms based on international cooperation.'

- João Ribeiro-Bidaoui, Permanent Bureau of the Hague Conference on Private International Law (HCCH) and UNCITRAL Regional Centre for Asia and the Pacific (2013-2018)

AIIFL Newsletter Issue 4 (May 2021)

In AIIFL News this month, we highlight a range of publications and online appearances from the AIIFL team.

Douglas Arner

AIIFL Director | Email
 

HIGHLIGHTS

Looking Back, Looking Forward: Building Better Payment System

In the episode 3 of Looking Back Looking Forward, Douglas Arner discusses the progression of electronic payments, since its acceleration towards social development from the last hundred years, and recently towards the impact COVID-19 on global economies. The use of such payments co-developed throughout human history, from the telegraph to the automated teller machine (ATM) and, most notably, to the establishment of decentralised ledger technology (blockchain, bitcoin, etc.). Such innovative steps have encouraged the competition to raise the bar, such as DCEP, the world's first major currency central-bank digital currency in response to a more decentralised payment system.

 Watch it HERE

“Looking Back, Looking Forward” is a regular video segment launched in January 2020. For more information on the University of Hong Kong's financial technology programme and all the episodes of Looking Back Looking Forward, visit the FinTech Videos page and discover the transformation of information technology's ever-growing impact on finance.

PUBLICATIONS AND REPORTS

Selected articles, books and reports from the AIIFL team

Forming Transnational Dispute Settlement Norms: Soft Law and the Role of UNCITRAL's Regional Centre for Asia and the Pacific

Shahla Ali

AFI Innovative Regulatory Approaches Toolkit

Douglas W.Arner, Ross P. Buckley, Dirk A. Zetzsche, Eriks Selga, Ghiyazuddin Mohammad, Jaheed Parvez, Roberta Consiglio

China and the Global Economic Architecture: Approaching the Challenges of the 2020s

Uzma Ashraf Barton and Douglas W. Arner

Sovereign Digital Currencies: Reshaping the Design of Money and Payments Systems

Ross P. Buckley, Douglas W. Arner, Dirk A. Zetzsche, Anton N, Didenko, Lucien van Romburg

Regulating Artificial Intelligence in Finance: Putting the Human in the Loop

Ross P. Buckley, Dirk A. Zetzsche, Douglas W. Arner, Brian Tang

Commercial Law Intersections

Giuliano G.Castellano and Andrea Tosato

‘Hub-and-Spoke’ Bid-rigging and Corporate Attribution under Hong Kong Competition Law

Kelvin Kwok

Applying ‘Deep ESG’ to Asian Private Equity

Frederick J. Long, Syren Johnstone

The Case for a Best Execution Principle in Cross-Border Payments

Dirk A. Zetzsche, Ross P. Buckley, Douglas W. Arner

SELECTED MEDIA

Bloomberg Documentary

Red Lines: China & Big Tech

China Talk

China's Anti-Monopoly Moment

Angela Zhang

Central Bank Digital Currency (CBDC)

Part 1 

Interviews with HKMA Chief Executive Eddie Yue, HKU Professor Douglas Arner, and PWC's Gary Ng.

Alliance for Innovative Regulation (AIR)

Barefoot Innovation Podcast

Around the World: HKU's Douglas Arner

EVENTS AND ACTIVITIES

30 June 2021

James Merralls Visiting Fellowship in Law Lecture

Digital Finance, COVID-19 and Existential Sustainability Crises: Building Better Financial Systems

hosted by Melbourne Law School at the University of Melbourne

Presenter: Douglas Arner, Kerry Holdings Professor in Law & AIIFL Director, HKU

Details and Registration

 

Oriol Caudevilla presented Digital Assets in Hong Kong: What are They and How are They Taxed at the AIIFL’s Taxation Law Research Programme (TLRP) (31 May 2021)

Details

Giuliano Castellano shared his research on Commercial Law Intersections at the 59th Forum Financial Market Regulation - The Fragmentation of Commercial Law: Challenges and Normative Approaches at the University of Zurich within the University Research Priority Program (URPP) on Financial Market Regulation (11 May 2021)

Details

Peterson Institute for International Economics (PIIE) Virtual Discussion

Hong Kong as an International Financial Center

Douglas Arner

Syren Johnstone on Smart Regulation: Regulatory Framework for DLT-based Projects at the GBA Blockchain Week Virtual Summit (30-31 March 2021)

Watch HERE

 

Syren Johnstone on Perspectives on Blockchain and Cryptocurrency Regulation at the University of Hawaii (22 March 2021)

Watch HERE

 

A team of five students from across different Law, Innovation, Technology and Entrepreneurship Lab (LITE Lab) courses won the HKU’s Faculty of Engineering Innovation Academy InnoSpark with VR Mock Court Pitch for Access to Justice (23 February 2021)

Details

JOIN US!

We are seeking to expand our world leading team in the area of FinTech, RegTech and Digital Finance.

 

Post-Doctoral Fellow in Finance, Technology and Regulation

Applications close: 31 July 2021, HK Time

 

More details and online application are available HERE.

 

Research Assistant Professor in FinTech / RegTech

Applications close: 30 June 2021, HK Time

 

The HKU-Standard Chartered Foundation FinTech Academy, with the aim to cultivate interdisciplinary research in FinTech, has established a Research Assistant Professor Scheme. 

 

More details and online application are available HERE.

RGC Awards $5.96 Million in Research Funding to HKU Law 2021/22

Congratulations to our 9 colleagues who were successful in the 2021-2022 round of research grant funding by Hong Kong's Research Grants Council (RGC). Eight General Research Fund (GRF) projects were funded to study the development of investor dispute prevention mechanisms in the context of the Belt and Road Initiative, the concept of “best interests” for the purpose of decision-making on behalf of individuals lacking mental capacity in Chinese jurisdictions, the role of peace movements in the 1899 creation of the Permanent Court of Arbitration, the proliferation of International Commercial Courts across the globe, modern legal education reforms undertaken by three East Asian countries—Japan, Korea and China—meant to improve their legal professions by emphasizing postgraduate legal education, neighborhood governance in urban China, the emerging phenomenon of self-governance in the digital economy in China, and a medieval legal bestseller, the 'Statuta Vetera' Manuscript, c. 1280-1520.  An Early Career Scheme (ECS) project was funded to study the receptivity of socialist legal systems to the common law notion of precedent. 

    The details of the new funded projects are as follows:

GRF:

Professor Shahla Ali 

Is an Ounce of Prevention Worth a Pound of Cure? Assessing the Development of Dispute Prevention Mechanisms along the Belt and Road, HK$780,059

Ms Daisy Cheung

Deciding what is best for you: Best interest determinations on behalf of persons without capacity in the Chinese context, HK$443,426

Dr James Fry

The Role of Peace Movements in the 1899 Creation of the Permanent Court of Arbitration, HK$291,904

Dr Weixia Gu

The Global Rise of the International Commercial Courts: Power Dynamics and Transnational Legal Order, HK644,385

Dr Jed Kroncke

The Modern Re-Engineering of East Asian Lawyers, HK$540,881

Professor Shitong Qiao

The Authoritarian Commons: The Co-Evolution of Law and Social Norms in China's Urban Residential Neighborhoods, HK$1,255,474

Dr Angela Zhang

Decentralizing Platform Governance: Innovations from China, HK$656,825

Dr Anya Adair (cross appointed with Faculty of Arts)

The 'Statuta Vetera' Manuscript, c. 1280-1520: Production and Use of a Medieval Legal Bestseller, HK$599,209

ECS:

Dr Ben Chen, 

The Socialist Reception of Precedent: A Computational Analysis of Guiding Cases in the People’s Republic of China, HK$746,320

New Book co-edited by Shahla Ali: New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution (Wolters Kluwer)

New Frontiers in Asia-Pacific International Arbitration and Dispute Resolution

Edited by Luke Nottage, Shahla Ali, Bruno Jetin and Nobumichi Teramura

Wolters Kluwer

Published in November 2020

Description: An invaluable book that challenges the existing procedures and frameworks for cross-border dispute resolution in commercial and treaty arbitration. The eastward shift in international dispute resolution has already involved initiatives not only to improve support for international commercial arbitration (ICA) and investor-state dispute settlement (ISDS) but also to develop alternatives, such as international commercial courts and mediation. This remarkable book focuses on these initiatives and their accompanying case law and trends in the Asia-Pacific region.

     What’s in this book: An outstanding team of experienced and insightful arbitrators and scholars describes the following pertinent developments:

• ICA and ISDS in the context of China’s Belt and Road Initiative;
• the Singapore Convention on Mediation;
• the shift to virtual hearings and other challenges from the COVID-19 pandemic;
• mistrust of the application of the rule of law in certain East Asian jurisdictions;
• growing public concern over ISDS arbitration;
• tensions between confidentiality and transparency; and
• potential regional harmonisation of the public policy exception to arbitral enforcement.

Evolving practices and high-profile cases have been charted out by the contributors to make informed observations about where changes are needed and educated guesses about the pros and cons of reforms. The leading jurisdictions covered are China, Hong Kong, Japan, Malaysia, India, Australia and Singapore.

     How this will help you: Being a pioneer in-depth study of recent trends in dispute resolution practice related to business in the Asia-Pacific region, the book’s practical analysis of new resources for dealing with the increasing competition among countries to become credible regional dispute resolution hubs will prove to be of great value to specialists in the international business law sector. Lawyers will make informed decisions on the venue and dispute resolution methods that are the most suitable for any specific dispute in the region, and policymakers will confidently assess emerging trends in international dispute resolution policy development and treaty-making.

     Professor Ali authors chapter 6 titled "New Frontiers in Hong Kong's Resolution of 'One Belt One Road' International Commercial and Investor-State Disputes" and co-authors the concluding chapter with Nobumichi Teramura and Anselmo Reyes.

Shahla Ali on Cultural Issues in International Arbitration (updated book chapter)

"Cultural Issues in International Arbitration"

Shaha Ali

in International Arbitration Practice : 21st Century Perspectives, (LexisNexis), Vol 3. Ch. 6. (2013; 2020)

Abstract: This paper addresses the theme of cultural convergence and divergence in international arbitration practice. Applying theoretical insights to unique arbitral practices in Hong Kong and Mainland China, the chapter draws on the authors survey and field work in the region. Examining both the convergence and divergence of approaches to arbitration in diverse settings provides an avenue to understanding the impact of globalization on the international practice of law.

New Issues: HKU Law's SSRN Legal Studies Research Paper Series (July and August 2020)

UNIVERSITY OF HONG KONG FACULTY OF LAW LEGAL STUDIES RESEARCH PAPER SERIES

Vol. 10, No. 10: August 20, 2020

DOUGLAS W. ARNER, EDITOR

SIMON N. M. YOUNG, EDITOR

Table of Contents

1. Income Risks and Optimal Attention-Consumption Allocation

Yulei Luo, University of Hong Kong 

Penghui Yin, Goethe University Frankfurt

2. Reinvigorating the Human Right to Technology

Haochen Sun, The University of Hong Kong - Faculty of Law 

3. The Fundamental Right to Technology

Haochen Sun, The University of Hong Kong - Faculty of Law 

4. Decentralizing Dispute Resolution in Two-Sided Platforms: The Case of Review Blackmail

Yiangos Papanastasiou, University of California, Berkeley - Haas School of Business 

S. Alex Yang, London Business School 

Angela Huyue Zhang, The University of Hong Kong - Faculty of Law

5. Financial Stability, Resolution of Systemic Banking Crises and COVID-19: Toward an Appropriate Role for Public Support and Bailouts

Douglas W. Arner, The University of Hong Kong - Faculty of Law 

Emilios Avgouleas, University of Edinburgh - School of Law 

Evan Gibson, University of Hong Kong

UNIVERSITY OF HONG KONG FACULTY OF LAW LEGAL STUDIES RESEARCH PAPER SERIES

Vol. 10, No. 9: July 28, 2020

DOUGLAS W. ARNER, EDITOR

SIMON N. M. YOUNG, EDITOR

Table of Contents

1. Mediatory Versus Legalistic Discourse in Chinese Courts

Xin He, The University of Hong Kong - Faculty of Law 

2. (Non)legality as Governmentality in China

Xin He, The University of Hong Kong - Faculty of Law 

3. After Libra, Digital Yuan and COVID-19: Central Bank Digital Currencies and the New World of Money and Payment Systems

Douglas W. Arner, The University of Hong Kong - Faculty of Law 

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law 

Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC) 

Anton Didenko, University of New South Wales (UNSW) - Faculty of Law

4. Three Decades of International Financial Crises: What Have We Learned and What Still Needs to be Done?

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law 

Emilios Avgouleas, University of Edinburgh - School of Law 

Douglas W. Arner, The University of Hong Kong - Faculty of Law

5. Expanding Asia-Pacific Frontiers for International Dispute Resolution: Conclusions and Recommendations

Nobumichi Teramura, University of Sydney Law School, Adelaide Law School 

Shahla F. Ali, The University of Hong Kong - Faculty of Law 

Anselmo Reyes, Court of First Instance (Hong Kong)

New Issue: HKU Law's SSRN Legal Studies Research Paper Series (June 23 2020)

UNIVERSITY OF HONG KONG FACULTY OF LAW LEGAL STUDIES RESEARCH PAPER SERIES

Vol. 10, No. 8: June 23, 2020

DOUGLAS W. ARNER, EDITOR

SIMON N. M. YOUNG, EDITOR

Table of Contents

Corporate Fundamental Responsibility: What Do Technology Companies Owe the World?

Haochen Sun, The University of Hong Kong - Faculty of Law

Fintech Toolkit: Smart Regulatory and Market Approaches to Financial Technology Innovation

Dirk A. Zetzsche, Universite du Luxembourg - Faculty of Law, Economics and Finance, Heinrich Heine University Dusseldorf - Center for Business & Corporate Law (CBC)

Douglas W. Arner, The University of Hong Kong - Faculty of Law

Ross P. Buckley, University of New South Wales (UNSW) - Faculty of Law

Attila Kaiser-Yücel, Deutsche Gesellschaft für Internationale Zusammenarbeit (GIZ) GmbH

Women and Constitutions in Action

Anna Dziedzic, The University of Hong Kong - Faculty of Law, University of Melbourne - Melbourne Law School

Dinesha Samararatne, University of Melbourne - Law School, University of Colombo - Faculty of Law

UNCITRAL’s Engagement in African and Latin American Dispute Resolution Reform

Shahla F. Ali, The University of Hong Kong - Faculty of Law

Erick Komolo, Kenya School of Law (KSL), Strathmore University - Strathmore Law School

The Application of Non-State-Based Standards in International Arbitration

Shahla F. Ali, The University of Hong Kong - Faculty of Law

Expanding Access to Financial Protection (Shahla Ali Profiled in HKU's KE Newsletter)

"Expanding Access to Financial Protection"
KE Newsletter - Issue 18, April 2020
Justice should rely on universal participation and should be accessible to all.In a boost for investor protection, the Hong Kong Financial Dispute Resolution Centre (FDRC) adopted new rules in January 2018 that enabled consumers to claim more and benefit from a longer window for lodging claims. The new rules have led to many more consumer claims being resolved and have also strengthened the FDRC’s role by enhancing access to its services and increasing the amounts claimable. These policy changes have also enhanced Hong Kong’s reputation as a global financial centre.
    Research conducted by Professor Shahla Ali of the Department of Law directly impacted the FDRC’s ‘Proposal to Enhance the Financial Dispute Resolution Scheme’, which was launched in October 2016, and the FDRC’s consultation conclusions, which were published in August 2017. In these conclusions, the FDRC adopted three key reforms. The first was to increase the maximum claimable amount to HK$1,000,000 (up from HK$500,000 in the original rules). The second was to extend the time limit for lodging a claim to 24 months (up from 12 months) from the date of purchase or the date of first knowledge of the loss, whichever is later. Thirdly, the FDRC expanded its coverage to small and medium-sized enterprises (SMEs) that have a relationship with financial institutions.

     Professor Ali proposed six principles for reforming financial dispute resolution following the global financial crisis of 2008, which saw many investors in Hong Kong and beyond suffer significant losses, many of which were attributed to a lack of transparency in the financial system and limited protection for investors. The principles were independence, impartiality, accessibility, efficiency, fairness and equity emerging from the view that justice should rely on universal participation and should be accessible to all. 

     “In 2008, there was no systematic mechanism to handle consumer financial claims against banking institutions in many jurisdictions including Hong Kong,” said Professor Ali. “Retirees and others had to search for recourse. This was true in many other parts of the world. Why not learn from one another about the principles at play, share what is working and build stronger institutions?” ... Click here to read the full text.