Landmark Chambers International

Fan Yang

Year of call: 2005

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Practice Summary

Director, International Dispute Resolution Academy (IDRA)
Arbitrator (FCIArb, HKIAC and KLRCA)
Mediator (CEDR, HKMAAL and KLRCA)
Barrister (England & Wales, Non-practising)

  • International commercial and investment arbitration
  • Cross-border mediation and dispute resolution
  • Complex commercial contracts, including sale of goods, letter of credits and carriage of goods by sea
  • International comparative commercial law, arbitration and dispute resolution (English law, Hong Kong law and Mainland Chinese law)
  • Experience in arbitration and mediation in English and Chinese (Putonghua and Cantonese) languages

Professional Appointments 

  • Member of the ICC-HK Arbitration and ADR Nomination Committee
  • Member of the Task Force on Emergency Arbitrator Proceedings of the ICC Commission on Arbitration and ADR
  • Reporter of the Arbitration Guidelines and Rules Subcommittee of the Arbitration Committee of the International Bar Association for China (including Hong Kong)
  • Member of the Examining Panel pursuant to the Higher Rights of Audience Rules under the Hong Kong Legal Practitioners Ordinance (Cap 159)
  • Arbitrator, Hong Kong International Arbitration Centre (HKIAC)
  • Arbitrator and Mediator, Kuala Lumpur Regional Centre for Arbitration (KLRCA)
  • Accredited Mediator, Centre for Effective Dispute Resolution (CEDR)
  • Accredited Mediator, Hong Kong Mediation Accreditation Association Limited (HKMAAL)
  • Committee Member, Chartered Institute of Arbitrators East Asia Branch (CIArb EAB)
  • Vice Chairperson, China Sub-committee, CIArb EAB

Professional Memberships 

  • Fellow of the Chartered Institute of Arbitrators
  • Fellow of the Hong Kong Institute of Arbitrators
  • Fellow of the International Academy of Belt and Road
  • Member of the International Chamber of Commerce – Hong Kong (ICC-HK)
  • Member of the International Council for Commercial Arbitration (ICCA)
  • Member of the London Court of International Arbitration (LCIA)
  • Member of the Honourable Society of Lincoln’s Inn (Called in 2005)

Academic qualifications 

  • PhD in Law (Queen Mary University of London)
  • Postgraduate Certificate in Academic Practice (with Distinction) (Queen Mary University of London)
  • LL.M. (with Merit)(University of Birmingham)
  • Bar Vocational Course (with Merit) (The University of Law)
  • Graduate Diploma in Law (with Commendation) (The University of Law)
  • Certificate in International and Comparative Law (Cornell Law School and UniversitÄ— Paris I PanthÄ—on- Sorbonne)
  • LL.B. (Shanghai International Studies University, China) 

Cases

Arbitrator/Mediator

  • Co-Arbitrator in an ICC arbitration concerning a Marine Works Contract
  • Sole Arbitrator in an HKIAC administered arbitration concerning a Sale of Iron Ore contract
  • Arbitrator in two ad hoc arbitration seated in London
  • Arbitrator in an ad hoc arbitration seated in Hong Kong
  • Arb/Mad in one commercial contract dispute in Hong Kong
  • Mediator in four mediation in Hong Kong
  • Mediator in two mediation in Shenzhen

ICC Arbitration

  • Represented a major Philippine energy company in relation to a USD9.4 million force majeure claim arising out of a long-term Gas Sale and Purchase Agreement.
  • Advised in the indemnity proceedings in relation to a Shareholders Agreement dispute with parallel US and Dutch litigations.
  • Represented a major Egyptian telecommunication company’s claim against a major French telecommunication company in connection with their Shareholders Agreements.
  • Represented a French purchaser against a German reinsurance company, in connection with a Share Sale Agreement.

 LCIA Arbitration

  • Represented buyers in a dispute concerning a Sale and Purchase Agreement for majority shares of a major Ukrainian bank.
  • Advised in an insurance and reinsurance dispute.

PCA (Permanent Court of Arbitration), The Hague, BIT arbitration

  • Provided legal research and drafting support and sat in with the Tribunal in a Bilateral Investment Treaty dispute. 

UNCITRAL rules, Stockholm

  • Advised on several CISG related issues in an international commercial contract dispute. 

Ad hoc, London

  • Provided legal research and drafting support and sat in with the tribunal in a commercial contract dispute.
  • Advised a Chinese entity on the governing law and validity of an arbitration agreement.
  • Advised a Chinese entity in a maritime arbitration seated in London.

Indian Arbitration

  • Advised a Swiss Reinsurance company on Indian arbitration law and dispute resolution clause.

GAFTA Arbitration

  • Advised a Chinese entity in a GAFTA arbitration.