麻豆社madou

Associate Professor Kun Fan

Associate Professor Kun Fan

Associate Professor

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
Law & Justice
School of Private & Commercial Law

Fan Kun is Associate Professor of 麻豆社madou Law's.?Her teaching and research focus in the area of Alternative Dispute Resolution (ADR), Online Dispute Resolution (ODR), comparative legal studies, and law and society. 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?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(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, HKIAC, 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.??

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  • Books | 2017
    Fan K, 2017, 《仲裁在中国:法律和文化分析》,
    Books | 2013
    Fan K, 2013, Arbitration in China A Legal and Cultural Analysis, Bloomsbury Publishing
  • Book Chapters | 2023
    Fan K, 2023, 'Arbitrator's Contract', in Bjorklund A; Ferrari F; Kroll S (ed.), Cambridge Compendium of International Commercial and Investment Arbitration, Cambridge University Press, pp. 991 - 1011,
    Book Chapters | 2019
    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,
    Book Chapters | 2017
    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,
    Book Chapters | 2016
    Fan K, 2016, 'China-related Investment Arbitration', in Yuen P; McDonald D; Dong A (ed.), Chinese Arbitration Law, Lexis Nexis
    Book Chapters | 2016
    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,
    Book Chapters | 2013
    Fan K; Denton G, 2013, 'Alternative Dispute Resolution in Hong Kong', in Global Perspectives on ADR, pp. 131 - 131,
    Book Chapters | 2013
    Fan K, 2013, 'People’s Mediation in China: Creative Adaptations from the Tradition', in Mediation: China and the World
    Book Chapters | 2013
    Fan K, 2013, 'People’s Mediation in China: Creative Adaptations from the Tradition', in Xin X (ed.), Mediation: China and the World
    Book Chapters | 2010
    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
  • Edited Books | 2023
    Fan K; Weng X, (ed.), 2023, COVID-19 and International Business and Economic Law: China and a Changing World, Academy Publishing (the Singapore Academy of Law), Singapore
  • Journal articles | 2024
    Fan K; Qiao L; Andersen CB; Schroeter UG; Toohey L, 2024, 'Incorporation by Reference of General Terms and Conditions into a CISG Contract: The Experts Debate', Vindobona Journal of International Commercial Law and Arbitration, 25, pp. 83 - 97,
    Journal articles | 2023
    Fan K, 2023, 'Beyond law and politics: an empirical study of judicial mediation in China', Journal of International Dispute Settlement (Oxford University Press), 00, pp. 1 - 29,
    Journal articles | 2022
    Fan K, 2022, 'A Review of China’s Sustainable Development Goals through Bilateral Investment Treaties', ICC Bulletin, pp. 29 - 37,
    Journal articles | 2021
    Fan K; Veronique F, 2021, 'Mediators Using Non-Binding Evaluations and Making Settlement Proposals', New York State Bar Association dispute resolution Section, 14, pp. 21 - 24,
    Journal articles | 2021
    Fan K, 2021, 'Adaptations and Paradigm Shift: Recent Developments of Commercial Dispute Resolution Mechanism in China', McGill Journal of Dispute Resolution, 7,
    Journal articles | 2021
    Fan K, 2021, 'The 2021 Proposed Amendments to the Arbitration Law: A New Era of Arbitration?', ICC Dispute Resolution Bulletin, pp. 17 - 21,
    Journal articles | 2020
    Fan K, 2020, 'Mediation of Investor-State Disputes: A Treaty Survey', Journal of Dispute Resolution, 2020, pp. 327 - 342,
    Journal articles | 2019
    Fan K, 2019, 'Supreme Courts and Arbitration: China', b-Arbitra | Belgian Review of Arbitration, 2019, pp. 587 - 613,
    Journal articles | 2016
    Fan K; Jemielniak J, 2016, 'Ethnographic Methods in the Study of Hybrid Processes in Arbitration: the Chinese and Western Perspectives', European Business Law Review, 27, pp. 555 - 585,
    Journal articles | 2016
    Fan K, 2016, 'Glocalization of International Arbitration: Rethinking About Tradition-Modernity and East-West Binaries', University of Pennsylvania East Asia Law Review, 11, pp. 244 - 292,
    Journal articles | 2016
    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,
    Journal articles | 2014
    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, 4, pp. 837 - 910
    Journal articles | 2014
    Fan K; Lu S, 2014, 'Recognition and Enforcement of Foreign Judgments in Hong Kong', Yearbook of Private International Law, 15, pp. 349 - 363
    Journal articles | 2014
    Fan K, 2014, 'An Empirical Study of Arbitrators Acting as Mediators in China', Cardozo Journal of Conflict Resolution, 15, pp. 777 - 811,
    Journal articles | 2013
    Fan K, 2013, 'Glocalisation of Arbitration: Transnational Standards Struggling with Local Norms', Harvard Negotiation Law Review, 18, pp. 171 - 219,
    Journal articles | 2013
    Fan K, 2013, 'International Dispute Resolution Trends in Asia', Transnational Dispute Management, 10, pp. 1 - 16,
    Journal articles | 2012
    Fan K, 2012, 'Mediation Process and Practice in Hong Kong', HONG KONG LAW JOURNAL, 42, pp. 665 - 667,
    Journal articles | 2012
    Fan K, 2012, 'The New Arbitration Ordinance in Hong Kong', Journal of International Arbitration, 29, pp. 715 - 722,
    Journal articles | 2012
    Fan K, 2012, 'Underlying the Influences on the Effectiveness of Arbitration in China', Asian Dispute Review, pp. 76 - 78
    Journal articles | 2011
    Fan K, 2011, 'Mediation and Civil Justice Reform in Hong Kong', The International Litigation Quarterly, 27, pp. 11 - 14
    Journal articles | 2011
    Fan K, 2011, 'Prospects of Foreign Arbitration Institutions Administering Arbitration in China', Journal of International Arbitration, 28, pp. 343 - 353,
    Journal articles | 2011
    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, 13, pp. 535 - 556,
    Journal articles | 2010
    Fan K, 2010, 'Mediation Tradition and Innovation in China', Journal of Justice, pp. 64 - 76
    Journal articles | 2008
    Fan K; Kaufmann-Kohler G, 2008, 'Integrating Mediation into Arbitration: Why It Works In China', Journal of International Arbitration, 25, pp. 479 - 492,
    Journal articles | 2008
    Fan K; von Wunschheim C, 2008, 'Arbitrating in China: The Rules of the Game. Practical Recommendations concerning Arbitration in China', ASA Bulletin, 26, pp. 35 - 48,
    Journal articles | 2008
    Fan K, 2008, 'Arbitration in China_Practice, Legal Obstacles, and Reforms', ICC International Court of Arbitration Bulletin, pp. 25 - 40,
    Journal articles |
    Fan K, 'Can You Leave Your Hat on? An Empirical Study on Arbitrators Facilitating Settlement in China', SSRN Electronic Journal,
  • Conference Papers | 2023
    Fan K; Cadiet L, 2023, 'Independence, impartiality of arbitrators, mediators and experts', in Oteiza E; F. Priori G (ed.), Palestra Editores S.A.C, Peru, pp. 593-642 - 642,
    Other | 2022
    Fan K, 2022, Why Do Parties Choose Arbitration? To Each Their Own,
    Reports | 2021
    Fan K; Fraser V, 2021, Final Report of Working Group 3 in the Mixed Mode Task Force, International Mediation Institute, ,
    Other | 2021
    Fan K, 2021, Localised Globalism,
    Conference Papers | 2020
    Fan K, 2020, 'Beyond Law and Politics: Judicial Mediation in China', Harvard, presented at Harvard Comparative Law Workshop, Harvard, 16 November 2020,
    Reports | 2020
    Fan K, 2020, The Impact of COVID-19 on the Administration of Justice, Kluwer Arbitration Blog,
    Other | 2020
    Fan K, 2020, “Glocalisation” of arbitration,
    Conference Papers | 2019
    Fan K, 2019, 'New Developments of Commercial Dispute Resolution Mechanism in China: China’s Two Way Adaptations Towards Transnational Standards', University of Michigan, presented at China’s Legal Construction Program at 40 Years: Towards an Autonomous Legal System? 11-13 October 2019, Ann Arbor, University of Michigan, 11 October 2019 - 13 October 2019,

  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.

  • 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