Associate Professor Kun Fan

Professional Qualifications

  • Called to the New York Bar, since 2008
  • Accredited Mediator, Hong Kong Mediation Accreditation Associate Limited
  • Domain Names Panelist, Hong Kong International Arbitration Center (“HKIAC”) and Asian Domain Name Dispute Resolution Centre (“ADNDRC”)
  • Member of the Chartered Institute of Arbitrators
  • Member of the Hong Kong Institute of Arbitrators
  • Arbitrator of Zhuhai Arbitration Commission International Arbitration Court
  • Arbitrator of Nanjing Arbitration Commission
  • Arbitrator of Shanghai International Economic and Trade Arbitration Commission
  • Executive Council Member, China Academy of Arbitration Law 

Academic Qualifications

  • Ph.D., summa cum laude, University of Geneva, Switzerland 
  • D.U. in International Dispute Resolution, University of Paris XII, France 
  • LL.M. in Corporate Law, New York University School of Law, U.S.A. 
  • LL.B., China Foreign Affairs University, China
  • Member of the Institute of Transnational Arbitration Academic Council
  • Executive Committee Member, International Mixed Modes Dispute Resolution, and Co-chair of Working Group 1
  • Editorial Board, Chartered Institute of Arbitrators: Arbitration - The International Journal of Arbitration, Mediation and Dispute Management

Fan Kun is Associate Professor of UNSW Law's Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre. Her teaching and research focus in the area of international arbitration, mediation, comparative legal studies, and cultural study of law. Professor Fan has studied and worked in China, Singapore, U.S.A., Switzerland, France, Hong Kong and Canada, and speaks Chinese, English and French. With her training in both the East and the West, in both common law and civil law jurisdictions, she is particularly interested in broad intellectual inquiries across national, disciplinary and professional boundaries. Before joining us, Professor Fan was an Associate Professor at the Faculty of Law at McGill University in Canada and was named the Norton Rose Fulbright Faculty Scholar in Arbitration & Commercial Law in 2017. She has also taught for seven years at the Chinese University of Hong Kong (2009-2016) and was a Visiting Scholar of the Harvard Yenching Institute at Harvard University (2012-2013).

Professor Fan has led and engaged in many research projects and grants in Hong Kong, Japan, the US and Switzerland. She is author of the book Arbitration in China: A Legal and Cultural Analysis (Hart Publishing) and has published extensively on cutting-edge issues in a variety of leading international journals, including Harvard Negotiation Law Review, University of Pennsylvania East Asia Law Review, Cardozo Journal of Conflict Resolution, Journal of International Arbitration, Yearbook of Private International Law, European Business Law Review. She is frequently invited to speak in conferences, and give lectures and trainings in renowned institutions including Harvard University, Cornell University, New York University, Michigan University, Hong Kong University, Qinghua University, Queen Mary University, Geneva LLM in International Dispute Settlement (MIDS), Arbitration Academy, Asian Development Bank, Institute of Transnational Arbitration, International Law Institute, International Bar Association, etc. In recognition of her academic contribution, she received awards including the Best Research Outputs for Arbitration Theory in 2015 by China Arbitration Research Institute, Support for High-impact Scholarship 2013-2014 by the Committee on Focused Innovations Scheme, and Best Thesis in International Studies by the Swiss Network for International Studies Award in 2011.

Apart from academic research, Professor Fan also has extensive experience in ADR practice, and has worked as counsel, legal expert, secretary for the arbitration tribunal, arbitrator and domain names panellist in a number of international arbitrations and domain name disputes, and has overseen over a hundred arbitrations administered by the ICC International Court of Arbitration when she worked as a Deputy Counsel. She is called to the New York Bar, a Member of the Institute of Transnational Arbitration Academic Council, an Executive Committee Member of International Task Force on Mixed Mode Dispute Resolution, an Executive Council Member of the China Academy of Arbitration Law, a Domain Names Panelist of the Hong Kong International Arbitration Center (“HKIAC”) and the Asian Domain Name Dispute Resolution Centre (“ADNDRC”), a Member of the Chartered Institute of Arbitrators, an Accredited Mediator of the Hong Kong Mediation Accreditation Association Limited, and an Arbitrator of a number of arbitration institutions in China. 

Books

Fan K, 2017, 《仲裁在中国:法律和文化分析》, http://www.bjac.org.cn/news/view?id=2905

Fan K, 2013, Arbitration in China A Legal and Cultural Analysis, Bloomsbury Publishing

Journal articles

Fan K, 2019, 'Supreme Courts and Arbitration: China', b-Arbitra, vol. 2019, pp. 587 - 613, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3480909

Fan K; Jemielniak J, 2016, 'Ethnographic Methods in the Study of Hybrid Processes in Arbitration: the Chinese and Western Perspectives', European Business Law Review, vol. 27, pp. 555 - 585, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3104762

Fan K, 2016, 'Glocalization of International Arbitration: Rethinking About Tradition-Modernity and East-West Binaries', University of Pennsylvania East Asia Law Review, vol. 11, pp. 244 - 292, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2671627

Fan K, 2016, 'Salient Issues in International Commercial Arbitration in East Asia: A Comparative Study of China and Japan', American University Business Law Review, pp. 448 - 483, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3018717

Fan K; El Ahdab J; Stackpool-Moore R, 2014, 'Un point de vue actuel sur l’arbitrage en Chine et à Hong Kong : toujours un pays, deux systèmes', Revue de l'arbitrage, vol. 4, pp. 837 - 910

Fan K; Lu S, 2014, 'Recognition and Enforcement of Foreign Judgments in Hong Kong', Yearbook of Private International Law, vol. 15, pp. 349 - 363

Fan K, 2014, 'An Empirical Study of Arbitrators Acting as Mediators in China', Cardozo Journal of Conflict Resolution, vol. 15, pp. 777 - 811, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2425506

Fan K, 2013, 'International Dispute Resolution Trends in Asia', Transnational Dispute Management, vol. 10, pp. 1 - 16, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2341550

Fan K, 2013, 'Glocalisation of Arbitration: Transnational Standards Struggling with Local Norms', Harvard Negotiation Law Review, vol. 18, pp. 171 - 219, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2177562

Fan K, 2012, 'Underlying the Influences on the Effectiveness of Arbitration in China', Asian Dispute Review, pp. 76 - 78

Fan K, 2012, 'The New Arbitration Ordinance in Hong Kong', Journal of International Arbitration, vol. 29, pp. 715 - 722, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2254604

Fan K, 2011, 'Mediation and Civil Justice Reform in Hong Kong', The International Litigation Quarterly, vol. 27, pp. 11 - 14

Fan K, 2011, 'Prospects of Foreign Arbitration Institutions Administering Arbitration in China', Journal of International Arbitration, vol. 28, pp. 343 - 353, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1933024

Fan K, 2011, 'The Risks of Apparent Bias When An Arbitrator Act As a Mediator:Remarks on Hong Kong Court’s Decision in Gao Haiyan', Yearbook of Private International Law, vol. 13, pp. 535 - 556, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=2130361

Fan K, 2010, 'Mediation Tradition and Innovation in China', Journal of Justice, pp. 64 - 76

Fan K; von Wunschheim C, 2008, 'Arbitrating in China: The Rules of the Game. Practical Recommendations concerning Arbitration in China', ASA Bulletin, vol. 26, pp. 35 - 48, http://papers.ssrn.com/sol3/papers.cfm?abstract_id=1933026

Fan K, 2008, 'Arbitration in China_Practice, Legal Obstacles, and Reforms', ICC International Court of Arbitration Bulletin, pp. 25 - 40, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=1933045

Fan K; Kaufmann-Kohler G, 2008, 'Integrating Mediation into Arbitration: Why It Works In China', Journal of International Arbitration, vol. 25, pp. 479 - 492, https://www.arbitration-icca.org/media/0/12319139722760/00951635.pdf

Book Chapters

Fan K, 2020, 'Arbitrator's Contract', in Bjorklund A; Ferrari F; Kroll S (ed.), Cambridge Compendium of International Commercial and Investment Arbitration, Cambridge University Press, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3480939

Fan K, 2019, 'Foreign Direct Investment and Investment Arbitration in China', in Carlos E (ed.), Foreign Investment and Investment Arbitration in Asia, Intersentia, pp. 25 - 54, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3480933

Fan K, 2017, 'The New York Convention and Chapter 2 of the Federal Arbitration Act', in Berger J (ed.), International Aspects of U.S. Litigation, ABA Book Publishing, https://www.americanbar.org/products/inv/book/269884839/

Fan K, 2016, 'China-related Investment Arbitration', in Yuen P; McDonald D; Dong A (ed.), Chinese Arbitration Law, Lexis Nexis

Fan K, 2016, 'Expansion of Arbitral Subject Matter: New Topics and New Areas of Law', in Brekoulakis S; Lew J; Mistelis L (ed.), The Evolution and Future of International Arbitration, Kluwer Law International, pp. 299 - 319, https://papers.ssrn.com/sol3/papers.cfm?abstract_id=3158701

Fan K, 2013, 'People’s Mediation in China: Creative Adaptations from the Tradition', in Xin X (ed.), Mediation: China and the World

Fan K, 2013, 'People’s Mediation in China: Creative Adaptations from the Tradition', in Mediation: China and the World

Fan K; Denton G, 2013, 'Alternative Dispute Resolution in Hong Kong', in Global Perspectives on ADR, pp. 131 - 131, https://intersentia.com/en/global-perspectives-on-adr.html

Fan K; Li Z, 2010, 'Legal Education in China: Where Does the Future Lies?', in Zhong Q; Tang D (ed.), The Cross-Strait Legal Developments, pp. 173 - 177

Other
  • Norton Rose Fulbright Faculty Scholarships in Arbitration and Commercial Law (2017-2020)
  • The Best Research Outputs for Arbitration Theory in 2015 awarded by China Arbitration Research Institute 
  • Focused Innovations Scheme: Support for High-impact Scholarship 2013-14  
  • The SNIS Award 2011 for the Best Thesis in International Studies
  • Summa cum laude for Ph.D. thesis
  1. Chinese Corporations’ Attitudes on International Arbitration”, Principal Investigator, Hong Kong Arbitration Charity Ball, 2015-2017 (HK$ 200,000)   (in collaboration with Professor Loukas Mistelis, the School of International Arbitration at Queen Mary University).
  2.  “Access to Justice: A Theoretical Analysis and Empirical Study on Judicial Mediation in China”, Principal Investigator, The Research Grants Council Early Career Scheme, 2013-2016 (HK$365,722)
  3. “Promoting International Commercial Arbitration in Japan and China: Reforms and Prospects”, Principal Investigator, The SUMITOMO Foundation Fiscal 2011 Grant For Japan-related Research Projects, 2013 – 2015 (J¥ 500,000)
  4.  “Harmonization of Law and Divergence of Culture__A Comparative Study of Arbitration in Asia”, Principal Investigator, Harvard-Yenching Institute, 08/2012 – 05/2013 (US$45,000)
  5. “Improving the Efficiency of Dispute Resolution: Is the Chinese Concept and Practice of Combining Mediation with Arbitration Exportable to the West?” Principal Investigator, RGC Research Grant 2009/2010-Direct Allocation 2090004, 04/2010 – 03/2011. (HK$ 44,944)
  6. “The People’s Mediation with Chinese Characteristics” under National Social Science Key Research Projects, directed by Professor Xu Xin. Co-investigator in sub-project on the Reform of the People’s Mediation System and Legislation, 04/2010-04/2011.
  7.  “Transnational Arbitration in China”, FNRS project n° 100011-113801/1 funded by the Swiss National Science Foundation, research assistant for Professor Gabrielle Kaufmann-Kohler, 10/2006 – 12/2007.