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PhD Candidate

Dan Xie (Dany) is a PhD Candidate at UNSW LAW. She holds LL.B and LL.M (Civil and Commercial Law) in China University of Political Science and Law (Beijing, China). Also, Dany obtained her Master of Laws degree in International Commercial Arbitration Law from Stockholm University (Sweden) in June 2014. Her thesis entitled ‘Choice of Law Rules Applicable to Substantive Validity of International Arbitration Agreements’ was supervised by Professor Patricia Shaughnessy.

Prior to commencing her PhD in February 2016, Dany was an intern in Gernandt & Danielsson (Stockholm) under the supervision of Charlotta Falkman and Niclas Rockborn. She was accredited with the PRC National Legal Professional Qualification Credential in 2012 and previously practised as legal associate in the areas of trust law, contract law, company law, foreign investment law and investor-state arbitration at a top-tier law firm in Beijing. 

Her doctoral thesis discusses the application of the due process defence under the New York Convention from a global perspective in theory and practice. It examines and critically assesses approaches to the law applicable to the due process defence under the New York Convention. This thesis will contribute to the predictability and harmonisation of the interpretation and application of due process defence under the New York Convention not only for judges sitting at the forum courts where recognition and enforcement is sought but also arbitrators and parties.

Areas of research

International Arbitration Law, Private International Law 

Research topic

Due Process Defence to Recognition and Enforcement of Foreign Arbitral Awards under the New York Convention: A Global Perspective in Theory and Practice. 

Supervisors

Lucas Lixinski, Leon Trakman, Jeanne Huang

Publications and presentations

• Presented paper titled ‘Do International Commercial Courts Compete with Arbitration? The Example of China International Commercial Court’, Symposium on Salient Issues in International Commercial Arbitration — International Arbitration in Times of Economic Nationalism, 14 November 2019, American University Washington College of Law, Washington DC, US
• Presented paper titled ‘The Role of Soft Law in Levelling the Playing Field’, UNSW CIBEL Global Network Young Scholars Workshop: Technological Change and the Future of International Economic Legal Order: China and Beyond, UNSW, Sydney, Australia
• Dan Xie and Chengjie Wang, ‘Do International Commercial Courts Compete with International Arbitration? — The Experience of China International Commercial Court’ (2020) 4 Transnational Dispute Management https://www.transnational-dispute-management.com/article.asp?key=2750
• Dan Xie and Chengjie Wang, ‘A Hybrid Commercial Dispute Resolution Mechanism: New Developments and Approaches in Shanghai Pilot Free Trade Zone’ Transnational Dispute Management (forthcoming)
  

Publications

Journal articles

• Xie D; Wang C, 2020, 'Hybrid Commercial Dispute Resolution Mechanism: New Developments and Approaches in Shanghai Pilot Free Trade Zone', Transnational Dispute Management, vol. 17, 
• Xie D; Wang C, 2020, 'Do International Commercial Courts Compete with International Arbitration? — The Experience of China International Commercial Court', Transnational Dispute Management, vol. 17, pp. 1 - 20,