Jane Willems
Arbitrator, Mediator, Attorney-at-Law
Associate Professor of Law, Tsinghua University, Beijing
Ph.D. in Law
Member of the Paris and California Bars
Experience as Arbitrator
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Arbitrator (SAC), arbitration involving an oil purchase contract (Geneva, Swiss law)
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Arbitrator (HKIAC), arbitration involving a share purchase agreement contract between HK and PRC companies (HK, PRC law, bilingual Chinese-English)
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Sole Arbitrator (ICC), arbitration involving a multiparty dispute on a sales contract (London, English law)
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Sole Arbitrator (HKIAC), arbitration involving a consulting contract between HK and PRC companies (HK, HK law)
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Arbitrator, investor-State arbitration, Huawei Technologies Co., Ltd. v. Kingdom of Sweden (ICSID Case No. ARB/22/2), appointed by the Claimant
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President of Tribunal (ICC), arbitration involving an EPC contract for a mining project between German and Indian companies (New Delhi, Indian law)
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Arbitrator (CIETAC), arbitration involving a hotel management contract between US and PRC companies (Beijing, PRC law, bilingual Chinese-English)
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Sole Arbitrator (HKIAC), arbitration involving a consulting contract between PRC and US companies (HK, PRC law)
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Arbitrator (HKIAC), arbitration involving a sales contract between Swiss and PRC companies (HK, Swiss law)
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Arbitrator (KCAB), arbitration involving a procurement contract between Korean and French companies (Seoul, Korean law)
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Sole Arbitrator (BAC), arbitration involving a sale contract between Chile and PRC companies (Beijing, CISG)
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Sole Arbitrator (HKIAC), arbitration involving a crude oil sale between Singapore and PRC companies (Hong Kong, English law)
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President of Tribunal (HKIAC), arbitration involving a trademark transfer between US and PRC companies (Hong Kong, PRC law, in Chinese)
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Arbitrator (ICC), arbitration involving a shareholder agreement (Paris, Algerian law)
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Arbitrator (PCA-Uncitral), investor-State arbitration (bilateral investment treaty), appointed by the State
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Arbitrator (HKIAC), arbitration involving a drilling contract in Turkey (HK, PRC law)
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President of Tribunal (ICC), arbitration involving a civil construction project (FIDIC EPC/Turnkey 1999, Omani law)
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Sole Arbitrator (ICC), arbitration involving a sales contract between a Swedish and a PRC company (Beijing, CISG)
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Sole Arbitrator (ICC), arbitration involving a license between a US and a Japanese company (Singapore, NY law)
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President of Tribunal (ICC), arbitration involving a manufacturing & marketing know-how contract between Italian and PRC entities (Paris, PRC law)
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Arbitrator (HKIAC), arbitration involving a shareholder cooperation agreement between a Malaysian and a PRC company (HK, Lao law)
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President of Tribunal (HKIAC), arbitration involving a share purchase agreement (HK, Swiss law)
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President of Tribunal (ICC), arbitration involving a construction contract (Singapore, Singapore law)
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Arbitrator (HKIAC), arbitration involving an investment contract (HK, HK law)
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Arbitrator (ICC), multiparty arbitration involving a share transfer agreement (Geneva, Italian law)
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Sole Arbitrator (ad-hoc Uncitral), arbitration involving a purchase contract between a Vietnamese and a US company (HK, California law)
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President of Tribunal (ICC), arbitration involving a sales contract between Austrian and PRC entities (Vienna, PRC law)
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Arbitrator (ad-hoc Uncitral), arbitration involving a subscription agreement and an investment agreement between North American companies (HK, HK law)
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Sole Arbitrator (HKIAC), arbitration involving a license between a US and a PRC company (HK, New York law)
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Arbitrator (CIETAC), arbitration involving a share transfer in a PRC company (Beijing, PRC law, in Chinese)
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Arbitrator (HKIAC), arbitration involving a joint venture project in China (HK)
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Arbitrator (BAC), arbitration between PRC and Ethiopian entities involving a financing contract (Beijing, PRC law, in Chinese)
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President of Tribunal (ICC), arbitration involving a Sino-foreign JV contract (Paris, PRC law)
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President of Tribunal (ICC), arbitration involving a hotel management contract (HK, PRC law, bilingual Chinese-English)
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Sole Arbitrator (HKIAC), project management & development contract (HK, PRC law)
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Sole Arbitrator (ICC), arbitration between an Italian company and a PRC SOE relating to a service agreement and transfer of assets (Paris, Italian & PRC laws)
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Arbitrator (BAC), arbitration between US and PRC entities involving a procurement contract (Beijing, PRC law, in Chinese)
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Sole Arbitrator (ICC), arbitration between Luxembourg, HK and Mainland entities relating to a share transfer (Hong Kong, PRC law)
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Arbitrator (ICC), arbitration between a Moroccan SOE and a Malaysian company relating to a real estate construction project (Paris, Moroccan law)
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President of Tribunal (CIETAC), arbitration between a UK and a PRC company relating to a sales contract (Beijing, Hong Kong law)
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Sole Arbitrator (ICC), arbitration between a US and a PRC company relating to a procurement contract (Guangzhou, PRC law, bilingual Chinese-English)
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Sole Arbitrator (ICC), arbitration between a PRC and a US company relating to a sale of equipment (Singapore, English law)
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Sole Arbitrator (ICC), arbitration relating to the construction of a factory in China (Paris, PRC law)
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Sole Arbitrator (ICC), arbitration between EU and PRC entities relating to a distribution contract (London, English law)
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Arbitrator (ICC), arbitration relating to a construction project in the Middle East (Singapore, Fidic IV Ed.)
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Sole Arbitrator (ICC No. 12111), ICC Bull. 21/1-2010.78 (Paris, Unidroit Principles)
Counsel in Arbitral Proceedings
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Sanum v Lao P.D.R. (PCA, 2010 UNCITRAL Rules – for Lao P.D.R.), China-Lao BIT
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Lao Holdings v Lao P.D.R. (ICSID (AF) – for Lao P.D.R.), The Netherlands-Lao BIT
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Represented a French company against a Slovenian company (ICC, Paris), in a dispute involving a transfer of technology, patent license and distribution contract
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Represented a French company (ICC, Paris) in a dispute between relating to the construction of a ship
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Represented an Australian company against a French company (ICC, Paris) in a dispute relating to a commercial agent contract
Counsel in Arbitration-related Court Proceedings
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TLL-HLL v Lao P.D.R. (Paris Court of Appeals, Feb. 19, 2013 – for Lao P.D.R.), enforcement of arbitral award against Lao P.D.R. denied in France for lack of jurisdiction of the arbitral tribunal, in Rev. Arb. 2013.299-300
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Liv Hydravlika v Diebolt (Paris Court of Appeals, Feb. 28, 2008 – for Diebolt), Court affirmed the arbitrability inter partes of patent validity disputes, in Dalloz 2008 II 1326
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Represented a French company challenging the jurisdiction of French courts in a construction project dispute, CA Douai, Sep. 17, 2009 (Court declined jurisdiction, adopted the severability of arbitration agreements in domestic arbitration), in Revue Lamy Droit des Affaires, 2010.55 n°65
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Represented a PRC company for the enforcement of a CIETAC award against a French Group (Paris Court)
Other Activities
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Co-chair, ICCA-Tsinghua Working Group on Chinese Arbitration Practice: Compendium of Chinese Commercial Arbitration laws, The ICCA Reports No. 5 (2019)
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Legal consultant, World Bank, IFC: Judicial Manual on Vietnamese International Arbitration, for the Judiciary of Vietnam (2017).
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Legal consultant, Lao PDR, Ministry of Foreign Affairs: Lao model BIT.
Education
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University of Angers, School of Law, France, Ph.D. in Law (magna cum laude), 2013
Thesis: Sino-Foreign Joint Ventures Contract Disputes before International Arbitrators
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University of Paris I Sorbonne, School of Law, France
L.L.M. International Business Law, 1990
L.L.B. Business Law, 1989
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National Institute of Oriental Languages and Civilizations, France
B.A. Chinese Language and Civilization, 1986
Taiwan National Normal University, Visiting Student 1983-1985
Publications
Books and Contributions
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International Business Courts: A New Era for Dispute Resolution? in INTERNATIONAL ARBITRATION IN TIMES OF
ECONOMIC NATIONALISM, Arp, Polanco (Ed), Kluwer, 2022, Chap 10 -
Investment Disputes under China's BITs: Jurisdiction with Chinese Characteristics? in Investment Law and Arbitration in the Asia-Pacific, Chaisse (Ed), OUP, 2019, Chap 24
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The Arbitrator’s Jurisdiction at Risk: The Case of Hybrid and Asymmetrical Arbitration Agreements, in The Powers and Duties of an Arbitrator, Shaughnessy & Tung (Ed), Kluwer Law Intl, 2017, 377-390
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Sino-Foreign Joint Ventures Contract Disputes before International Arbitrators [In French: Les contrats de joint ventures sino-étrangères devant l’arbitre international] Larcier, 2015
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Co-author, “Marketing” in Business Law in China: Trade, Investment and Finance, ICC, 1997
Articles
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Jurisdiction Focus, Country Focus: Laos, Asian Dispute Review, July 2022, 142-149
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Book review, A Guide to the CIETAC Arbitration Rules by Jianlong Yu and Lijun Cao, Asian Dispute Review,
October 2021, 202-203 -
Law and Practice of International Arbitration in China (1994-2019) [In French: Droit et pratique de l’arbitrage
international en Chine (1994-2019)], RIDC 4-2019 1025-1048 -
Party Autonomy and the Selection of Non-State Norms in International Commercial Contracts, HKLJ 2018 Vol. 48-3 951-991
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The Settlement of Investor State Disputes and China: New Developments on ICSID Jurisdiction, SCJIL&B, Vol. 8: Iss. 1 (2011) 1-62
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中国公司在海外国际仲裁中的商业利益保护问题:国际仲裁的新趋势 [Issues Relevant to Chinese Parties Involved in Arbitrations Outside China : Trends in International Arbitration], Arbitration in Beijing, Vol. 25(1) 2011, 37-52
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The Reform of Mediation in Hong Kong [In French: La réforme de la médiation à Hong Kong], 2010(3) Paris Journal of International Arbitration 767-778
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Arbitration and Procedural Indivisibility [In French: Arbitrage et indivisibilité procédurale], 2001 Cahiers de l’Arbitrage 100-114
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Provisional measures and arbitration after the CJEU Van Uden Decision [In French: Les mesures provisoires et l'arbitrage après l'arrêt Van Uden de la CJCE], 2001 Cahiers de l’Arbitrage 83-87
Teaching Positions
• Associate Professor, Associate Director, LLM in International Arbitration & Dispute Settlement (IADS) Program,
TSINGHUA UNIVERSITY SCHOOL OF LAW, Beijing, 2016-Present
• GENEVA UNIVERSITY, MASTER OF LAWS IN INTERNATIONAL DISPUTE SETTLEMENT (MIDS), Visiting Professor, 2019-
Present
• Associate Professor, UIBE SCHOOL OF LAW, Beijing, 2014-2016
• CITY UNIVERSITY OF HONG KONG, SCHOOL OF LAW, 2010-2013, Visiting Fellow
OTHER FACULTY POSITIONS
• INTERNATIONAL LAW INSTITUTE, Washington DC, International Commercial Arbitration, 2008-2010, 2021-Present
• FOREIGN TRADE UNIVERSITY, HANOI, LLM Course on Investment Policy & Law, Visiting Professor, 2018-2019
• PARIS WEST UNIVERSITY NANTERRE, SCHOOL OF LAW, France, LLM Seminars, Intl. Contracts, Lecturer, 2016-Present
• UNIVERSITY OF AIX, SCHOOL OF LAW, France, LLM Seminars, Dispute Resolution, Lecturer, 2013-2018
Invited Presentations
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“How to Navigate Interim Measures in International Arbitration” ICC Webinar, forthcoming 26-27 May 2021
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“Can We Talk of an Arbitration Culture in Asia?”, American University, Webinar Regional Arbitration Series, Nov. 11, 2020
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“Investor State Dispute Settlement Reform: UNCITRAL WG III Proposals”, 2019 UNCITRAL Asia Pacific Day, Macau, Dec. 11, 2019
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“Reforms Driven by the EU to Address Issues of Consistency, Coherence and Predictability in Investor-state Awards”, Intl. Lawyers Organization, Luxemburg Congress Nov. 7, 2019
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"International Business Courts: A New Era for Dispute Resolution?” 2018 ASIL Midyear Meeting, UCLA School of Law, Los Angeles, Nov. 8-10, 2018
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“Sanctions to Corruption and Illegality”, 2018 Colloquium on International Law “Sustainable Connectivity: Go Green/Deal Clean/Talk Peace”, Asian Academy of International Law, HK, July 6, 2018
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“Examining the Overlap of Asian Investment Treaties”, panelist, GAR Live Hong Kong, October 2017
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“The Enforcement of Investor-state Arbitral Awards”, Conference on “UE-ASEAN Partnership and Competing Partnerships Among Asia-Pacific Powers”, Foreign Trade University, Hanoi, October 2017
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“ICC Arbitration and the Mainland China”, China Arbitration Day, American University, DC, April 2017
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“Definition of ‘Foreign’ Investment or Investor in Chinese Law: New Criteria or Back to Basics?” Asia FDI Forum II, CUHK & Columbia, Hong Kong, November 2016
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“Party Autonomy and the Selection of Non-State Norm in International Commercial Contracts”, 7th Intl. Conference on The New Haven School of Jurisprudence, Yale & Tulane Law Schools, Hangzhou, December 2015
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“Investment Disputes under China's BITs: Jurisdiction with Chinese Characteristics?” Asia FDI Forum I, CUHK & Columbia, Hong Kong, November 2015
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“Hybrid and Asymmetrical Arbitration Agreements”, Intl. Lawyers Organization, Valencia Congress 2015
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“The Enforcement Abroad of Chinese Arbitral Awards” Intl. Lawyers Organization, Macau Congress 2013
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“How much do different legal cultures influence arbitration?” APRAG Conference, Beijing, 2013
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“Multi-party and Multi-contract Arbitration: Analysis of Chinese International Arbitration Law and Practice”, Queen Mary College, London, Intl. Conference on Dispute Resolution: A Comparative Perspective, London, Dec. 17-18, 2012
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“The Enforcement Abroad of Chinese Arbitral Awards: A Comparative Perspective”, 4th Intl. Conference on Contemporary Legal Problems, CityU of Hong Kong & Yale Law School, Hong Kong, October 2012
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“Party Autonomy and the Selection of Non-State Norm in Intl’ Contracts”, Intl. Forum on Private International Law, Chinese Society of Private International Law, Beijing, 2011
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“Chinese Parties Involved in Foreign International Disputes Resolution Proceedings”, CIETAC May 2010
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Professional Activities and Associations
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FCIArb; FHKIArb; Accredited arbitrator: HKIAC, CIETAC, BAC, SHIAC, CAA (Taipei)
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Member, Advisory Board, Asian Academy of International Law
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Representative, UNCITRAL Working Group III (ISDS), Asian Academy of International Law
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Member, ICC Commission on Trade and Investment Policy
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Member, Steering Committee, Arbitration Commission, International Lawyers Organization
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Member, ICCA; International Law Association; ASIL; ICC Institute of World Business Law; LCIA
Languages
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French, English, Chinese-Putonghua, German