Publications
This page is a curated showcase of my diverse range of publications encompassing the dynamic intersection of law and technology. My work delves into five primary themes: technology and dispute resolution, particularly focusing on the rapidly evolving metaverse; third-party funding and recovery of in-house costs; investment arbitration; cross-border restructuring and insolvency; and general commercial arbitration topics.
"Something Borrowed, Something Blue: the Best of Both Worlds in Metaverse-related Disputes", co-authored with Emily Hay, and published in the Contemporary Asia Arbitration Journal in 2022, is my contribution to the field of law and technology. This innovative publication, which won the Call for Papers at the Taipei International Conference on Arbitration and Mediation in October 2022, provides creative insights into the challenges and opportunities arising from the fusion of technology, dispute resolution within the metaverse and blockchain arbitration.
Arbitration (General)
REPORTS/SHORT ARTICLES/BLOGS/CLIENT BULLETINS
"Screened for Fairness: A Tale of Two Hong Kong Enforcement Decisions on Remote Hearings" (26 October 2023) (co-authored with Pamela Mak), www.tannerdewitt.com/screened-fairness-two-enforcement-decisions-remote-hearings (summary here: www.linkedin.com/posts/lizzie-chan_%3F%3F%3F%3F-%3F%3F%3F%3F%3F%3F%3F%3F-%3F%3F%3F%3F%3F%3F-%3F%3F%3F%3F%3F%3F%3F%3F-activity-7123173171695906816-wDDJ?utm_source=share&utm_medium=member_desktop)
"Hong Kong Court Upholds a Jurisdictional Challenge to an Arbitral Award Based on Newly Introduced Evidence of Market Manipulation" (20 September 2023) (co-authored with Douglas Clark), www.tannerdewitt.com/hk-court-jurisdictional-challenge-arbitral-introduced-evidence-of-market-manipulation
"Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings" (11 September 2023) (co-authored with Douglas Clark), available at https://www.tannerdewitt.com/notice-ably-wrong-the-importance-of-proper-notice-in-arbitration-proceedings/ (English) and https://www.tannerdewitt.com/zh-hans/notice-ably-wrong/ (Chinese)
Technology-related
BOOK CHAPTERS/JOURNAL ARTICLES
"Harnessing Artificial Intelligence in International Arbitration Practice" (November 2023), Contemporary Asia Arbitration Journal, Vol 16, No 2, pp 263-300 (co-authored with Kiran Gore and Eliza Jiang), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4648246.
"Crypto Disputes: The Valuation Challenge" (May 2023), Disputes Resolution International, Vol 17, No 1, pp 21-54 (co-authored with Nicole Tang and Edward Taylor), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4479888
“Something Borrowed, Something Blue: the Best of Both Worlds in Metaverse-related Disputes” (2022) 15(2) Contemporary Asia Arbitration Journal 205 (winner of the Call for Papers for the Taipei International Conference on Arbitration and Mediation, October 2022) (co-authored with Emily Hay), available at https://papers.ssrn.com/sol3/papers.cfm?abstract_id=4413492
REPORTS/SHORT ARTICLES/BLOGS/CLIENT BULLETINS
"Notice-ably Wrong: The Importance of Proper Notice in Arbitration Proceedings" (11 September 2023) (co-authored with Douglas Clark), available at https://www.tannerdewitt.com/notice-ably-wrong-the-importance-of-proper-notice-in-arbitration-proceedings/ (English) and https://www.tannerdewitt.com/zh-hans/notice-ably-wrong/ (Chinese)
Contributor, Berkeley Research Group research paper titled "A Question of Value: Assets in the Metaverse" (June 2023), available at https://media.thinkbrg.com/wp-content/uploads/2023/06/13093538/A-Question-Of-Value-Assets-In-The-Metaverse-June-2023.pdf
"The Hitchhiker's Guide to the Metaverse" (ArbitralWomen Newsletter Issue 53, pp. 8-11) (December 2022) (co-authored with Emily Hay), available at https://tinyurl.com/2b9xm6r7
"Paris Arbitration Week Recap: Metaverse-Related Sessions", Kluwer Arbitration Blog (24 April 2022), available at https://tinyurl.com/23zgb5ys (co-authored with Ekaterina Oger Grivnova, Ipek Ince, Emily Hay, Juliette Asso-Richard and Yasmin Mohammad)
“The Rise of Digital Identities and Their Implications for International Arbitration” (JURIST.org) (6 February 2022) (co-authored with Graham Rhodes), available at https://tinyurl.com/2ccmtrdv
“Investment Treaty Disputes in the Metaverse?” (MetaverseLegal) (2022), available at https://tinyurl.com/23q8w3td
“Arbitration Tech Toolbox: Lessons from the First Ever International Arbitration Gathering in Virtual Reality, Kluwer Arbitration Blog” (9 February 2022) (co-authored with Graham Rhodes), available at https://tinyurl.com/28pwvhan
“Decrypting Cryptocurrencies: Why Borderless Currencies May Benefit from Borderless Dispute Resolution” (2 November 2017) Kluwer Arbitration Blog (co-authored with Simon Maynard), available at https://tinyurl.com/232r2ue4
INTERVIEWS
"Digital Coffee Break in Arbitration" interview series with the administrators of MetaverseLegal (10 July 2022), available at https://www.digital-arbitration.com/edition-13-lizzie-katja-emily-juliette/
"Digital Coffee Break", Interview with Elizabeth Chan on Raising your Profile and Developing Your Career - Lessons Learned (and Learning) during the Pandemic" (31 August 2021), available at www.digital-arbitration.com/edition-8-elizabeth-chan
Funding and costs
GUIDES
“Guide to Litigation Funding in Hong Kong”, Mondaq (co-authored with Ruth Stackpool-Moore and Nicole Tang), Mondaq Comparative Guide on Litigation Funding (published February 2023), available at https://tinyurl.com/2hdjadtt
BOOK CHAPTERS/JOURNAL ARTICLES
“Recovery of In-House Costs in Arbitration” in International Arbitration in England: Perspectives in Times of Change (Kluwer book, chapter co-authored with Lucy Martinez) (2022)
“Proposed Guidelines for the Disclosure of Third-Party Funding Arrangements in International Arbitration” (2015) 26 The American Review of International Arbitration 281
Investment Arbitration
SHORT ARTICLES/BLOGS/CLIENT BULLETINS
“International Law considerations for foreign investors with business interests in Russia” (co-authored with Patrick W. Pearsall, Lucia Raimanova, Matthew Hodgson, Naomi Briercliffe and Daniel Hrčka) (2022)
“Asset protection for foreign investors in Russia: international and domestic remedies” (co-authored with Patrick W. Pearsall, Lucia Raimanova, Matthew Hodgson and Michael Rodriguez) (2022)
BOOK CHAPTERS/JOURNAL ARTICLES
“The UK’s Post-Brexit Investment Policy: An Opportunity for New Design Choices” (2020) 5 European Investment Law and Arbitration Review 40, pp. 40-69
Restructuring and Insolvency
"Stay of Play: Winding-Up v. Arbitration (Again)" (23 August 2023) (with Ian De Witt and Tim Au), available at https://www.tannerdewitt.com/stay-of-play-winding-up-v-arbitration-again/
"Recent Changes to Hong Kong Bankruptcy Laws a win for creditors and the environment" (7 August 2023) (with Ian De Witt), available at www.tannerdewitt.com/recent-changes-to-hong-kong-bankruptcy-laws-a-win-for-creditors-and-the-environment/
"Will the Real Bondholder Please Stand Up? Unravelling the Locus Standi of Global Note Investors in Winding-Up Petitions" (14 August 2023) (with Ian De Witt and Tim Au), available at https://www.tannerdewitt.com/unravelling-the-locus-standi-of-global-note-investors-in-winding-up-petitions/
Other
BOOK CHAPTERS/JOURNAL ARTICLES
“Just Beclause: Unilateral Arbitration Clauses in the Time to Brexit” (2020) 24 The Vindobona Journal of International Commercial Law and Arbitration 1, pp. 1-15
“Forecasting Energy Disputes in Asia” (2020) 16 Asian International Arbitration Journal 1, pp. 25-48 (co-authored with Chiann Bao)
“Book Review: W. Michael Reisman & Christina Skinner, Fraudulent Evidence Before Public International Tribunals” (2015) 40 Yale Journal of International Law 44
SHORT ARTICLES/BLOGS/CLIENT BULLETINS
“For whom the treaty tolls?” (2017) Practical Law Arbitration Blog (co-authored with Lara Dominguez)
INTERVIEWS
Interview with Lise Bosman, Executive Director of the International Council for Commercial Arbitration and Senior Legal Counsel at the Permanent Court of Arbitration (18 April 2023), ArbitralWomen Newsletter, Issue 54, pp. 3-6, available at https://shorturl.at/adqY1