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The 50th Lecture of the BNU Zhuhai Legal Lecture Series Themed "Main Characteristics of the Contract Law of the Hong Kong Special Administrative Region" and "Conflicts of Interest and Disclosure Obligations of Arbitrators" Were Successfully Held
Release time:2024-12-16     Views:


On April 20th, the 50th lecture of the BNU Zhuhai Legal Lecture Series themed "Main Characteristics of the Contract Law of the Hong Kong Special Administrative Region" and "Conflicts of Interest and Disclosure Obligations of Arbitrators" was successfully held at Room C405, Lijiao Building, Beijing Normal University at Zhuhai. This lecture was given by Jeremy Bartlett Senior Counsel (SC) and Dr. Yang Fan. Associate Professor Sun Hongyou, Director of the Compliance Center of the Library of Beijing Normal University at Zhuhai, presided over the lecture. Master's and doctoral students from Beijing Normal University Law School and students from Beijing Institute of Technology, Zhuhai attended the lecture.




Jeremy Bartlett SC, is currently the Acting Director of the International Dispute Resolution Research Academy (IDRA) and a practicing senior counsel at Prince's Chambers in Hong Kong. He has previously served as a contributing editor for the Hong Kong Civil Procedure Journal. He has extensive experience in arbitration and over 40 years of experience in resolving commercial disputes, serving as an arbitrator at the International Commercial Arbitration Center and accepting appointments based on the rules of major institutions and through ad hoc arbitration.

Dr. Yang Fan is currently the founding director of the International Dispute Resolution Research Academy (IDRA) and serves as the legal advisor for China Harbour Engineering Company Ltd. in Hong Kong. Dr. Yang is an international construction arbitrator certified by FIDIC and listed on the Chairman's List, with over 20 years of experience in resolving international engineering disputes and international arbitration. She serves as an arbitrator at the International Commercial Arbitration Center and is a certified mediator by major international organizations and centers.




At the beginning of the lecture, Jeremy Bartlett SC gave an in-depth exposition on the topic of "Arbitrator Conflicts of Interest and Disclosure Obligations", focusing on the IBA Guidelines on International Arbitration Conflicts of Interest (referred to as the "Guidelines"). He focuses on the evaluation provisions of the guidelines regarding the impartiality and independence of arbitrators - the traffic light system. This guideline categorizes potential conflicts of interest and disclosure obligations that arbitrators may encounter into three applicable lists: red, orange, and green. Jeremy Bartlett SC explained in detail through numerous cases the situations that constitute the disclosure or disqualification of arbitrators, and explored the applicable conditions of justifiable doubts in practical applications. In addition, he also introduced the latest progress in the revision of the guidelines in 2024.





Subsequently, Dr. Yang Fan elaborated on the main features of Contract Law in Hong Kong SAR from the perspectives of legal culture, case law, and regulatory system. She provided a detailed introduction to Hong Kong's legal culture and the practical application of implied terms in Hong Kong law. In addition, she also introduced the rule of law tradition of the Hong Kong Special Administrative Region as the only common law jurisdiction in China, and discussed the codification of contract law and the use of case databases in the context of artificial intelligence.




During the engaging interactive communication session, participants on location delved into a comparative analysis of the judicial jurisdictional procedures in the Chinese mainland and Hong Kong, focusing on the legal application of the statute of limitations in contract disputes. Senior Counsel Jeremy Bartlett and Dr. Yang Fan drew from their extensive professional expertise to thoughtfully address the students' inquiries, elucidating the practical nuances of various dispute resolution methods, including litigation, arbitration, and mediation, within the dispute resolution framework.




The lecture was predominantly delivered in English and followed a roundtable dialogue format. This approach not only fostered immediate rapport between our students and guests but also offered a pioneering platform for cross-jurisdictional discourse between the Chinese mainland and Hong Kong. In doing so, it laid the groundwork for a professional network aimed at enhancing the exchange and collaboration of foreign-related legal talent within the Guangdong-Hong Kong-Macao Greater Bay Area. The lecture concluded to the resounding applause of the students, marking a successful and enriching experience.