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Redefining Dispute Settlement: Norms vs. Realities in International Commercial Courts
March 27 @ 12:30 pm - 1:30 pm
Join us for an exciting in-person event with Dr. Yueming Yan at UC Law San Francisco! Hosted by the Center for East Asian Legal Studies (CEALS) and the Center for Negotiation and Dispute Resolution (CNDR).
Explore the fascinating world of international commercial courts and delve into the clash between norms and realities. Discover how these courts shape dispute settlement in the global arena, and gain valuable insights into this dynamic field. Don’t miss this opportunity to expand your knowledge and network with professionals.
Register at the link below. Space is limited, so reserve your spot now! (Lunch will be served to in person attendees.)
Program Details: Dr. Yueming Yan will lead a discussion on recent research to explore how the concept of ‘internationality’ in International Commercial Courts (ICC) has prompted a re-examination of global dispute settlement paradigms. Responding to this, the study undertakes an empirical investigation of ICC cases and delivers a threefold contribution. Firstly, a comprehensive framework for assessing internationality, integrating foundational values and features of dispute resolution. Using this, the study then identifies significant discrepancies – both jurisdictional and procedural – between conceptual expectations and empirical realities from ICC decisions in China, Singapore, and the Netherlands. Notably, travelling international judges frequently adjudicate cases unrelated to their home country’s laws. Thirdly, the study proposes reforms inspired by these findings; for instance, suggesting China and the Netherland adopt strategies like Singapore’s to elevate their ICC’s profile without major legislative changes. This study highlights the mismatch between normative assumptions and practical outcomes in commercial dispute resolution, emphasizing the need to align theoretical benchmarks with inherent values and practicalities of dispute resolution.
Date: Wednesday, March 27, 2024
Time: 12:30pm-1:30pm (PT)
Location: UC Law SF Campus, 333 Golden Gate Ave, 5th Floor Deb Colloquium Room & Skydeck, San Francisco, CA 94102
Dr. Yueming Yan is an Assistant Professor at the Chinese University of Hong Kong, Faculty of Law. Her research interests include the convergence of sustainable development with international economic law, as well as China’s laws and policies on labour, commercial litigation, and Belt & Road Initiative. Her scholarly contributions can be found in publications such as the Journal of International Economic Law, Journal of International Dispute Settlement, Proceedings of ASIL Annual Meeting, Asia Pacific Law Review, and the Asian Journal of WTO & International Health Law and Policy.
Yueming currently serves as the Co-Chair of the American Society of International Law (ASIL) Asia-Pacific Interest Group. She is also a Senior Fellow at The University of Melbourne Law School. Before moving to Hong Kong, Yueming was affiliated with Singapore Management University and the Singapore International Dispute Resolution Academy as a Visiting Assistant Professor. She holds a PhD in law degree from McGill University.
ADA Accommodations Statement
The University of California, College of the Law San Francisco is committed to making its facilities and events accessible in compliance with the Americans with Disabilities Act. If you need reasonable accommodations, please contact CNDR at 415-581-8941 or CNDR@uclawsf.edu, or the Disability Access Hotline at 415-581-4848 or DAH@uclawsf.edu at least two weeks before the event.
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