STUDIES IN THE CONTRACT LAWS OF ASIA VOL V: ENDING AND CHANGING

CONTRACTS

CONVENORS

Mindy Chen-Wishart

Professor Oxford & NUS Law

Stefan Vogenauer Professor

Max Planck Law

Thursday to Saturday, 15 to 17 August 2019 Moot Court

NUS Law (Bukit Timah Campus)

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ABOUT THE CONFERENCE This conference aims to (1) present the first findings on a variety of Asian contract laws on ending and changing performance; (2) critically comment upon and discuss the first drafts leading up to volume V of the Studies in the Asian Laws

of Contract series; (3) map out the path to publication of these papers. CONFERENCE PROGRAMME CONFERENCE: DAY 1 Thursday, 15 August 2019

TIME PROGRAMME 8.30am - 9.00am

(30 mins)

Registration

9.00am - 9.30am (30 mins)

Welcome & Opening Mindy Chen-Wishart (Oxford & NUS Law) Andrew Phang Boon Leong, SC (Judge of Appeal, Singapore Supreme Court)

9.30am - 11.35am (125 mins)

Session 1 – Chair: Mindy Chen-Wishart (Oxford & NUS Law) Stephen Hall (Chinese University of Hong Kong): Change of Circumstances in Hong Kong (Via Skype) (20) Kelvin Low (City University, Hong Kong): Termination of Contracts in Hong Kong (20) Yip Man (SMU Law): Comments (20) Discussion (20) Adrian Briggs (University of Oxford): Change of Circumstances and Termination of Contracts in Myanmar (25) Jeremiah Lau (NUS Law): Comments, Discussion (20)

11.35am – 11.50am (15 mins)

Coffee Break

11.50am – 1.10pm (80 mins)

Session 2 – Chair: Hugh Beale (Warwick University) Dora Neo (NUS Law): Change of Circumstances In Singapore (20) Tham Chee Ho (SMU Law): Termination of Contracts in Singapore (20) Benjamin Wong (NUS Law): Comments (20) Discussion (20)

1.10pm – 2.10pm (60 mins)

Group Photo & Lunch

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2.10pm - 4.10pm (120 mins)

Session 3 – Chair: Adrian Briggs (University of Oxford) Chitra Narayan (Tamil Nadu Mediation and Conciliation Centre, Madras High Court) & R.Yashod Vardan (Senior Advocate, High Court, Madras): Change of Circumstances In India (20) Chitra Narayan (Tamil Nadu Mediation and Conciliation Centre, Madras High Court) & R.Yashod Vardan (Senior Advocate, High Court, Madras): Termination of Contracts in India (20) Tan Zhong Xing (NUS Law): Comments (20) Discussion (20) Yin Harn Lee (University Of Sheffield) & Cheong May Fong (Australian Catholic University): Change of Circumstances in Malaysia (20) Cheong May Fong (Australian Catholic University) & Yin Harn Lee (University Of Sheffield): Termination of Contracts in Malaysia (20)

4.10pm – 4.25pm (15 mins)

Coffee Break

4.25pm - 6.25pm (120 mins)

Session 4 – Chair: Dora Neo (NUS Law) Malaysia Alvin See (SMU Law): Comments (20) Discussion (20) Michael A Dizon (University Of Waikato): Termination of Contracts in the Philippines (Via Skype) (20) Maita Chan-Gonzaga (Ateneo de Manila University): Change of Circumstances in the Philippines (20) Sandra Booysen (NUS Law): Comments (20) Discussion (20)

6.25pm End of Day 1 Conference

CONFERENCE: DAY 2 Friday, 16 August 2019

TIME PROGRAMME 8.30am - 9.00am

(30 mins)

Registration

9.00am - 9.15am (15 mins)

Welcome Hans Tijo (Chairman, EW Barker Centre for Law and Business, NUS Law) Mindy Chen-Wishart (Oxford & NUS Law) Stefan Vogenauer (Max Planck Law) Dora Neo (NUS Law)

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9.15am - 11.20am (125 mins)

Session 5 – Chair: Stefan Vogenauer (Max Planck Law) Wang Lei (China University of Political Science and Law): Change of Circumstances in China (Via Skype) (20) Fan Yong (Renmin University): Termination of Contracts in China (20) Irina Sakharova (NUS Law): Comments (20) Discussion (20) Miha Isoi (Japan International Cooperation Agency) and Lim Sreysros (Waseda University): Change of Circumstances and Termination of Contracts in Cambodia (25) Kelry Loi (NUS Law): Comments, Discussion (20)

11.20am - 11.35am (15 mins)

Coffee Break

11.35am - 12.55pm (80 mins)

Session 6 – Chair: Hugh Beale (Warwick University) Eriko Taoka (NUS Law): Change of Circumstances in Japan (20) Akira Kamo (University of Tokyo): Termination of Contracts in Japan (20) Christian Hofmann (NUS Law): Comments (20) Discussion (20)

12.55pm - 2.00pm (65 mins)

Lunch

2.00pm - 4.00pm (120 mins)

Session 7 – Chair: Cheong May Fong (Australian Catholic University) Kwon Young-Joon (Seoul National University): Change of Circumstances in Korea (Via Skype) (20) Ahn Taeyong (Solo Practitioner): Termination of Contracts in Korea (20) Yeo Tiong Min (SMU Law): Comments (20) Discussion (20) Chen Tsung-Fu (National Taiwan University): Change of Circumstances in Taiwan (20) Jan Sheng-Lin (Taiwanese Constitutional Court, National Taiwan University): Termination of Contracts in Taiwan (20)

4.00pm - 4.15pm (15 mins)

Coffee Break

4.15pm - 6.15pm (120 mins)

Session 8 – Chair: Yeo Tiong Min (SMU Law) Taiwan Pearlie Koh (SMU Law): Comments (20) Discussion (20) Munin Pongsapan (Thammasat University): Change of Circumstances in Thailand (20) Nadnaphas Leakpech (Thammasat University): Termination of Contracts in Thailand (20) Mindy Chen-Wishart (Oxford & NUS Law): Comments (20) Discussion (20)

6.15pm End of Day 2 Conference

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CONFERENCE: DAY 3 Saturday, 17 August 2019

TIME PROGRAMME 8.40am - 9.10am

(30 mins)

Registration

9.10am - 9.25am (15 mins)

Welcome

9.25am - 10.35am (70 mins)

Session 9 – Chair: Chen Tsung-Fu (National Taiwan University) Gary Bell (NUS Law): Change of Circumstances in Indonesia (30) Dora Neo (NUS Law): Comments (20) Discussion (20)

10.35am - 10.55am (20 mins)

Coffee Break

10.55am - 12.15pm (80 mins)

Session 10 – Chair: Gary Bell (NUS Law) Nam Do (Vietnam National University): Change of Circumstances in Vietnam (20) Kien Tran (Vietnam National University): Termination of Contracts in Vietnam (20) Vietnam Stefan Vogenauer (Max Planck Law): Comments (20) Discussion (20)

12.15pm - 12.45pm (30 mins)

Session 11 - Concluding Comparative Observations Hugh Beale (Warwick University)

12.45pm - 1.00pm (15 mins)

Moving Towards Publication Mindy Chen-Wishart (Oxford & NUS Law) Stefan Vogenauer (Max Planck Law)

1.00pm - 2.00pm (60 mins)

Lunch

2.00pm End of Conference

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CHAIRPERSONS & SPEAKERS’ PROFILES

Conference Convenor – Professor Mindy Chen-Wishart

Oxford & NUS Law

Mindy Chen-Wishart is Professor of the Law of Contract and has held the posts of Associate Dean of Undergraduates and of Graduates at Oxford University. She is the Senior Fellow in Law at Merton College. She holds a fractional professorship at the National University of Singapore and holds or has held visiting professorships at Hong Kong University, the National University of Taiwan, Otago University, Auckland University, Canterbury University, Gottingen University and Renmin University in Beijing. She is author of Contract Law (6th ed, OUP, 2018), an editor of Chitty on Contracts (33nd ed), and was a member of the Advisory Group on A Restatement of the Law of Contract in English and Wales. Mindy has lectured to the Judicial College of England and Wales and the Judicial Academy in Taiwan and Hong Kong. She delivered the Plenary Lecture of the at the US 12th Annual International Conference on Contract, and the Fourth Annual Lecture of the International and Comparative Law Quarterly as author of the best paper.

Conference Convenor – Professor Stefan Vogenauer

Max Planck Law

Professor Vogenauer is Director at the Max Planck Institute for European Legal History in Frankfurt and Chair of Max Planck Law, the German-wide network of eleven Max Planck Institutes with an emphasis on legal studies ranging from private international law to competition law, IP, international dispute resolution and tax. Before taking up his current position he was the Professor of Comparative Law, later Linklaters Professor of Comparative Law at the University of Oxford from 2003 to 2015. At Oxford, he also served as Director of the Institute of European and Comparative Law. He has taught, among other subjects, Comparative Contract Law, International Commercial Arbitration, Global Commercial Contract Law, Transnational Commercial Law, The Common Law for Civil Lawyers and Roman Law. He has taught and lectured widely in many European countries and has held visiting positions at the universities of Auckland, Melbourne, Paris 2 and Stellenbosch, as well as at Bucerius Law School, Louisiana State University (LSU), National Law University Delhi (NLUD), National Taiwan University (NTU), New York University (NYU) and the University of Texas at Austin. Apart from legal history, his research interests include comparative contract law and transnational commercial law. He is the editor of the Commentary on the UNIDROIT Principles of International Commercial Contracts (PICC) (2nd edn, Oxford University Press 2015) and a co-author of the leading student textbook in comparative contract law, the Ius Commune Casebook for the Common Law of Europe: Cases, Materials and Text on Contract Law (3rd edn, Hart Publishing 2019).

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Ahn Taeyong

Solo Practitioner

Tae Yong Ahn is a practitioner of law in Korea in the areas of contract, corporate, labour, fair trade, tort and dispute resolution, especially for international business concerns. He received an LLB from Seoul National University, JD cum laude from Fordham University School of Law in New York, and an LLM from New York University School of Law, and is licensed to practice in Korea and New York. He served as a member of the contract law and tort law divisions of the Commission of the Ministry of Justice of Korea on the Amendment of the Korean Civil Code, and a member of the Accessible Civil Code Revision Committee of the Korean government. He also served as an examiner of the Korean Bar Exam. He translated the European Draft Common Frame of Referencea for the government’s comparative civil code reference sources project. He was involved for more than 7 years in the international project known as “PACL” (Principles of Asian Contract Law). He is the contributor to the earlier three volumes of this series, including the two chapters on breach of contract under Korean law. This year, he is appointed as a member of the Advisory Committee to the Minister of Justice of Korea on the Matters of Civil Law.

Professor Hugh Beale

University of Warwick

Hugh Beale QC (Hon), FBA is Emeritus Professor of Law at the University of Warwick in the UK and Senior Research Fellow of Harris Manchester College and Visiting Professor at the University of Oxford. He was a Law Commissioner from 2000-2007, responsible for the Commercial and Common Law team. He was a member of the Commission on European Contract Law 1987-2000, of the Study Group on a European Civil Code and of the Group of Experts called upon to draft the Feasibility Study for a Common European Sales Law. Among his publications, he is an editor (with B Fauvarque-Cosson, J Rutgers and S Vogenauer) of Casebooks on the Common Law of Europe: Contract Law (3rd ed, 2019). He is the General Editor of Chitty on Contracts (33rd ed., 2018).

Associate Professor Gary F. Bell

NUS Law

After an undergraduate degree in theology (BTh) at the Université Laval (Quebec City), Gary F. Bell obtained degrees in both the common law (LLB) and the civil law (BCL.) at McGill University in Montreal and an LLM at Columbia University in New York City. He was Editor in Chief of the McGill Law Journal, clerked for Justice Stevenson of the Supreme Court of Canada and taught at McGill University. He teaches in comparative law (Comparative Legal Traditions, International and Comparative Law of Sale, Indonesian Law). He does most of his research on Indonesian law and on the United Nations Convention on Contracts for the International Sale of Goods.

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Professor Adrian Briggs

University of Oxford

Adrian Briggs QC is Professor of Private International Law at the University of Oxford and Fellow and Tutor in Law at St Edmund Hall; he also practises from chambers in the Temple. He has been teaching in Oxford since 1980. His main interest has always been in private international law, and within that, in questions of civil jurisdiction and the effect of foreign judgments. He spent 15 years as one of the editors of Dicey, Morris and Collins, The Conflict of Laws, but his own perspective on the subject, in its increasingly European guise, was published as Private International Law in English Courts, the first edition of which came out in October 2014 and took its place alongside his several other books on private international law, of which Civil Jurisdiction and Judgments is the most established. When the dust settles, and it is possible to see the outlines of private international law after secession from the European Union, it will be time to return to the task of writing monographs on the subject. In the meantime, his Private International Law in Myanmar (published in 2015) and The Law of Contract in Myanmar (jointly written with Andrew Burrows and published in 2017) have been providing an alternative, and completely absorbing, intellectual challenge.

Maita Chan-Gonzaga

Ateneo de Manila University

Maita Chan-Gonzaga is currently the Associate Dean for Academic Affairs of Ateneo Law. She recently served as the 2018 National Bar Examiner for Civil Law. Her areas of interest are in civil law, political law, and legal ethics. Prior to joining Ateneo Law full time in June 2015, Maita served as Commissioner of the Presidential Commission on Good Government, having been appointed by President Aquino in September 2010. Previous professional commitments include engagements as an associate of Romulo Mabanta Buenaventura Sayoc & De Los Angeles Law Office (2002-2004) and as Program Officer of the Working Group for an ASEAN Human Rights Mechanism – Ateneo Human Rights Center (2004-2010). Maita obtained her Juris Doctor degree from the Ateneo Law School in 2002, graduating valedictorian of her class and receiving the St. Thomas More Award for the Most Distinguished Graduate. She obtained her Magister Juris from Oxford University in 2008. She took the 2002 Bar Examinations (ranked 4th) and has been teaching at Ateneo Law since admission to the Philippine Bar in 2003.

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Chair Professor Tsung-Fu Chen

National Taiwan University, College of Law

Graduating summa cum laude in 1987 from the Department of Law, NTU, Professor Tsung-Fu Chen practiced law in Taiwan for two years and later received his Master of Laws from Harvard Law School in 1994 and his Doctor of Juridical Science (J.S.D.) from New York University School of Law in 1997. He teaches Taiwan Civil Code (including contract law and tort law), Comparative Contract Law, Comparative Tort Law, and Medical Law, and has published nine books entitled “An Introduction to the Civil Code,” "General Principles of Civil Code," "Principles of Tort Law," "Freedom of Contract and Good Faith," “Causation and Damages,” “Tort Liability and Damages,” “Wrongfulness in Tort and Damages,” “Subject and Object in Tort Law” and "Formation and Evolution of Medical Liability." Professor Chen was a Visiting Professor both at Hawaii University Law School in 2006 and at Renmin University Law School in 2007. He won National Teacher’s Prize granted by the Ministry of Education in 2013, Outstanding Research Award granted by the Ministry of Science and Technology in 2019, NTU Fu Sue-nian Memorial Chair Professor and Tsai Wan-tsai Chair Professor of Law in 2017, and many excellent teaching prizes from the NTU during the past years.

Dr Cheong May Fong

Australian Catholic University, School of Law

May Fong Cheong LLB (Hons) (Malaya), LLM (NUS), PhD (Sydney), Diploma in Shariah Law and Practice (IIUM), Advocate and Solicitor (High Court of Malaya) is a Senior Lecturer at the Thomas More Law School, Faculty of Law and Business, Australian Catholic University and also Visiting Fellow at the University of New South Wales. She was formerly Professor and Dean of the Faculty of Law, University of Malaya, also formerly Adjunct Professor at Multimedia University Malaysia. May’s main research areas are contract law, commercial law, consumer law, remedies and unfair contracts. She is author of Contract Law in Malaysia (2010), co-author of Civil Remedies (2016) and Evidence Law in Malaysia and Singapore: Cases and Commentary (2013). Her other research interest is the legal and regulatory frameworks of competition law regimes in ASEAN. May’s recent publications include ‘From Unconscionability to Unfairness: A Critique of Hong Kong’s Unconscionable Contracts Ordinance with Australian Developments’, (2018-19) 35 Journal of Contract Law 118-145 (with Kendy Ding) and ‘Contractual Unfairness: Statutory Interpretation and Statutory Innovation’ in Prue Vines & Scott Donald (eds), Statutory Interpretation in Private Law (Federation Press, 2019), 185-206.

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Dr Michael Dizon

University of Waikato

Michael Anthony C. Dizon is a Lecturer in Law at the University of Waikato, New Zealand. He obtained his PhD, LLM, LLB and BA degrees from Tilburg University, the University of Edinburgh, the University of the Philippines, and Ateneo de Manila University, respectively. For a number of years, he was a Lecturer at the University of the Philippines College of Law where he taught courses in commercial law. He has also been engaged in legal practice having been an associate attorney at a Philippine law firm, a corporate lawyer for a privately held investment company, and a professional support lawyer with a global law firm.

Mr Do Giang Nam

Vietnam National University, School of Law

Do Giang Nam is a lecturer at the Civil Law Department, School of Law, Vietnam National University, Ha Noi, Viet Nam. He graduated from Viet Nam National University as a Valedictorian for undergraduate class of 2005-2009. He continued his LLM in Comparative Law in SMU Dedman School of Law, the USA in 2012 before earning his PhD degree at Utrecht University, the Netherlands in 2017. His research interest includes contract law, property law, comparative law, consumer protection law and legal education.

Fan Yong

Associate Professor, Renmin University of China

Fan Yong is an Assistant Professor at Renmin University of China. He completed his LLB, LLM and PhD in Civil and Commercial Law at Renmin University of China, with Wang Yi as thesis advisor. His research interests are in principles and research methods of civil law, history of civil law of China, natural resources law, Internet law and has published articles on these areas. Before he joined the faculty, he had contributed part-time to some academic institutes as Executive Editor-in-Chief of China Civil and Commercial Law Network, Head of the Frontier Forum on Civil and Commercial Law of Civil and Commercial Law Science Research Center of RUC, student assistant to the Dean of Law and Technology Institute of RUC.

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Stephen Hall

Professor, Chinese University of Hong Kong

Professor Stephen Hall joined the School (now Faculty) of Law as a foundation member in 2005, after serving as an Associate Professor in the School of Law at City University of Hong Kong for three years. He was foundation director of the first Juris Doctor (JD) programmes in Hong Kong, at both City University of Hong Kong and The Chinese University of Hong Kong. Professor Hall is a fellow of C. W. Chu College at The Chinese University of Hong Kong where he also teaches a class on the origins of Western civilisation. Before coming to Hong Kong, he was a Senior Lecturer in the Faculty of Law at the University of New South Wales for six years where he was also Director of the European Law Centre. Professor Hall has been admitted as a barrister and solicitor in Australia, and practised law with the Australian Attorney-General's Department for nine years mainly in the areas of administrative law and judicial review. Professor Hall’s areas of research and teaching interest are: Contract Law, International Law, the traditions of the Natural Law and the Common Law, and European Union Law. He is always happy to talk to students, over a cup of tea, about any of these topics and the connections between them.

Herliana Herliana

Associate Professor, Gadjah Mada University

Herliana is an associate professor at Department of Civil Law Faculty of Law Gadjah Mada. She is also the Vice Dean for Finance, Asset and Human Resources. Her teaching and research interests include: Civil Law, Contract Law, Dispute Settlement, Arbitration and Civil Procedure. Realizing the importance of research for academician and because of her personal and particular interest in legal issues, Herliana did various researches under auspices of various donors such as the Hitachi Foundation, the ASEAN University Network, and the United States-Indonesia Society (USINDO). Herliana gained her Bachelor degree from Faculty of Law, Gadjah Mada University, Master of Commercial Law from the University of Melbourne School of Law, and PhD from University of Washington School of Law. In addition to teaching, Herliana is also a researcher at the Centre for Intellectual Property, Competition Law and Dispute Settlement (CICODS). She also actively participates in providing pro bono service through Legal Aid Division in Faculty of Law, UGM.

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Miha Isoi

Senior Advisor, Japan International Cooperation Agency

Miha ISOI is an attorney-at-law (Japan / JFBA / Dai-ichi Tokyo Bar Association) and a Senior Advisor to Japan International Cooperation Agency (JICA). Prior to joining JICA, she had practiced law since 2000 in various areas including civil, family, criminal and administrative cases. She has also been a member of the Committee on International Relation of Japan Federation of Bar Associations (JFBA) since 2003 and the Committee on International Human Rights Issues since 2010. After working as a project manager for JICA’s “Legal Reform Project” for Mongolia (2006-2008), which supported Mongolia to strengthen functions of the Advocates’ Association and to introduce ADR, she joined JICA Headquarter as a senior advisor for JICA’s development cooperation in the legal and judicial sector in 2009. Since then, she has been in charge of various projects for legal and judicial sector by JICA for Cambodia, Mongolia, Laos, Nepal, Indonesia, China, and so on. During these period as a senior advisor, she also worked in Phnom Penh at the Ministry of Justice of Cambodia for one year in 2013 as a legal advisor to JICA’s “Legal and Judicial Development Project” to support Cambodia to improve implementation of the Civil Code, the Code of Civil Procedure and regulations related to land registration.

Professor Jan Sheng-Lin

Justice of the Taiwan Constitutional Court Adjunct Professor of National Taiwan University

Professor Sheng-Lin Jan obtained his LL.B and LL.M from the National Taiwan University (NTU), and Dr. jur from the University of Frankfurt am Main, Germany. He joined the faculty of NTU College of Law in 1992, where he was a full time Professor of Law until October 2016. Since November 2016 he has been Justice of the Taiwan Constitutional Court and Adjunct Professor at NTU. Professor Jan was the founding Director of the Graduate Institute of Interdisciplinary Studies and Dean of the College of Law, NTU. He had been distinguished professor and was awarded Fu Sue-Nian Memorial Chair Professorship of NTU. He was a visiting Research Fellow of Merton College, Oxford University and an Exchange Professor of Heidelberg University. He lectured at the Beijing Tsinghua University, the Pontifical Lateran University, The Holly Sea, and the Osnabrück University, Germany. Professor Jan’s research and teaching interests include law of obligations, consumer protection law, case studies on legal doctrines and Supreme Court decisions, comparative private law, and comparative studies on German, English and Taiwanese civil law.

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Professor Akira Kamo

University of Tokyo

Current Position: Professor (Civil Law), the University of Tokyo (UT), Graduate Schools for Law

and Politics Academic Experience: Associate Professor (UT, 2006-2019); Research Associate (UT, 2003-

2006); Visiting Researcher (Ludwig-Maximilians-Universität München, 2010/2011); Visiting Researcher (Yale Law School, 2009/2010).

Professional Experience: Provisional Member, Industrial Structure Council , Ministry of Economy, Trade and Industry, Japan (2018-present); Expert Member, Financial System Council, Financial Service Agency, Japan (2014-present); Research Fellow, Civil Affairs Bureau, Ministry of Justice, Japan (2006-2009).

Education: Bachelor of Law (UT, 2003) Publications: - “Commentaries on the Revised Civil Code (the Law of Obligations)” (Yuhikaku, 2017) pp. 96-

134, 274-361 (Coauthor) [Japanese]. - “Commentaries on the Trust Act” (Kobundo, 2017) pp. 111-135, 863-970 (Coauthor)

[Japanese]. - “Blick aus Japan auf die deutsche Schuldrechtsmodernisierung – Ein Studium über die

Rechtsübertragung”, Markus Artz, Beate Gsell u. Stephan Lorenz (Hrg.), Zehn Jahre Schuldrechtsmodernisierung (Mohr Siebeck, 2014) SS. 121-136 [German].

- “Crystallization, Unification or Differentiation? Japanese Civil Code (The Law of Obligations) Reform Commission and Basic Reform Policy (Draft Proposals)”, Columbia Journal of Asian Law, vol. 24 (2012), pp. 171-212.

Professor Kwon Youngjoon Seoul National University, School of Law

Youngjoon Kwon is a Professor of Law at Seoul National University. He earned his LL.B. (summa cum laude), LL.M., and Ph. D from Seoul National University, and LL.M. from Harvard Law School. He was a visiting scholar at Max-Planck Institute (Hamburg, Germany), Duke Law School (Durham, USA), Harvard Law School(Cambridge, USA), and University of Tokyo(Tokyo, Japan). He teaches and does his research in the field of private law, mainly on contract, tort, property, and secured transaction. He also writes on the subjects of intellectual property law. After passing the National Judicial Examination in which he earned the highest score among 21,000 applicants nationwide, Professor Kwon previously worked as a Judge-advocate in the Republic of Korea Navy and the Republic of Korea Marines, a Judge in various courts where he sat as either an associate judge or as a presiding judge dealing with civil and criminal cases. He was also the director for international affairs in the National Court Administration. During his professorship, he worked as the Associate Dean at Seoul National University School of Law, the Director at Law and Technology Center, and a committee member in various governmental committees including the Committee for the Civil Code Reform, the Korea Copyright Committee, the National Legal Policy Advisory Committee, the International Trade Law Research Committee. He has also been serving as a delegate to the UNCITRAL Working Group 6 (Secured Transaction) since 2010. He authored and co-authored numerous books and articles in the field of civil law and intellectual property law both in Korean and in English. He received numerous prizes and awards for his research and teaching, including the Article of the Year (Korea Legal Center), Best Article Award (Law Research Institute, Seoul National University), Outstanding Book (The National Academy of Science), and Teaching Award (Seoul National University School of Law).

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Professor Nadnaphas Leakpech

Thammasat University

Nadnaphas Leakpech is a lecturer at Faculty of Law, Thammasat University in Thailand where she teaches contract law and the law of obligations. She earned her LL.B. from Thammasat University and LL.M from the University of Cambridge. She is also a barrister-at-law certified by the Thai Bar Association. Prior to joining the academia, she had practised law for 3 years at Kompass Law Ltd., a reputable law firm in Thailand, and subsequently at Samart Corporation Public Company Limited, a Thai telecommunication company, where she gained extensive experiences in reviewing and drafting commercial contracts.

Dr Lee Yin Harn

University of Sheffield

Dr Lee Yin Harn joined the University of Sheffield as a Lecturer in 2014, where she researches and teaches in the areas of private law (in particular private law remedies) and intellectual property law. She is the co-author of the second edition of Civil Remedies, a leading Malaysian textbook on the subject, and was a contributor to the first and fourth volumes of the Studies in the Contract Laws of Asia series. She also designed, and currently convenes, a compulsory first-year module on Remedies in Private Law at the University of Sheffield. She holds an LLB (Hons) (with Distinction) from the University of Malaya, and an LLM and PhD from the University of Cambridge. Her PhD thesis focused on the copyright issues surrounding the modification of videogames by players, and is currently under contract to be published as a monograph by Cambridge University Press. She was admitted as an Advocate and Solicitor, High Court of Malaya, in 2007.

Sreysros LIM

Ph.D Student, Waseda University Graduate School of Law

Sreysros LIM holds a master’s in Private Law from the Graduate School of law, Waseda University. She’s currently a second year PhD student and part-time teaching assistant at the above university. Her doctoral research is an extension of her MA dissertation, with a focus on the property law systems relating to the perfection and effects of land registration and its infrastructure in Cambodia in comparison to the system in Japan and France. As a part of her doctoral research, her first article “The Problems and Developments of Land Systems in Cambodia with Fact-Finding and Case Studies” is to be published within this year in the Waseda Law Journal, Vol.70, Iss.1. Besides doing research, she works as a freelance staff for Japan International Training Cooperation Organization (JITCO) and a registered interpreter for courts of Japan. She is also a legal consultant to the Lawyers Association of Japan for Protecting Victims of Cambodian Real Estate Investment Scam Case. Prior to the enrolment in the Waseda University, Sreysros worked as a Legal officer and a Chinese/Japanese Desk Staff at BNG Legal Cambodia where she mainly was in charge of drafting and reviewing the contracts/MAA and supervised all works in the Legal Research and Documentation department. In addition, she also worked as a legal assistant to judge at Phnom Penh Court of First Instance where she handled both criminal and civil cases.

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Kelvin Low

Professor, City University of Hong Kong

Kelvin F K Low is Professor at the School of Law, City University of Hong Kong. Kelvin’s research interest spans the field of private law but with a particular interest in property, broadly defined. He has published internationally with leading journals such as the Law Quarterly Review, the Modern Law Review, Lloyd’s Maritime and Commercial Law Quarterly, Melbourne University Law Review and Legal Studies. He is a co-author of the 2nd edition of The Law of Personal Property, the leading personal property text in the Commonwealth, and the 3rd and 4th editions of Tan Sook Yee’s Principles of Singapore Land Law, the leading land law text in Singapore. His works have been cited by all levels of the Singapore Courts, the Australian High Court, the English High Court, the Malaysian Federal Court, the English, Scottish, New Zealand and Australian Law Commissions, the Irish Sales Law Review Group as well as leading texts throughout the Commonwealth. He is a member of The International Academy of Estate and Trust Law and a co-editor of Trust Law International.

Chitra Narayan

Advocate and Mediator, Madras, India

Chitra Narayan is an alumnus of the National Law School of India University, Bangalore and holds a Master’s degree in Law and Development from the University of Warwick, U.K. which she attended as a Chevening Scholar. She is in independent practice. Chitra is an accredited mediator and has mediated commercial, corporate and family (including partition and matrimonial) disputes. As a lawyer, Chitra has worked in corporate commercial law – both in transaction advisory and dispute resolution. Chitra was trained as a mediator in 2003, and has been mediating commercial and non-commercial disputes since 2005. She is a certified mediator with the Tamil Nadu Mediation and Conciliation Centre attached to the Madras High Court. She is a Founding Trustee of Foundation for Comprehensive Dispute Resolution (FCDR), an organization providing mediation training and mediation services in India. Chitra is one of the editors of Pollock and Mulla - The Indian Contract and Specific Relief Acts, 15th Edition (2017); Specialist Editor - C.R.Datta on the Company Law, 7th Edition (2016) Specialist Editor - A. Ramaiya – Guide to the Companies Act, 18th Edition (2015)

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Associate Professor Dora Neo

NUS Law

Dora Neo is Director of the Centre for Banking & Finance Law at the NUS Law School, where she was previously Vice-Dean (Research & Graduate Studies) and Director of its Continuing Legal Education Programme. Her publications include Neo, Sauve & Streho, Services Trade in ASEAN (Cambridge University Press, 2019), Ellinger & Neo, The Law and Practice of Documentary Letters of Credit (Hart Publishing, 2010), Neo, Tjio & Lan (eds), Financial Services Law & Regulation (Academy Publishing, 2019) and Booysen & Neo (eds), Can Banks Still Keep a Secret? Bank Secrecy in Financial Centres Around the World (Cambridge University Press, 2017). She is a graduate of Oxford University (first class honours) and Harvard Law School, and was called to the Bar in England (Gray's Inn) and in Singapore. She is a member of the Accreditation Committee of the Singapore Institute of Legal Education, and has taught at institutions such as the University of Aix Marseille III in France, the Center for Transnational Legal Studies in London and the East China University of Political Science and Law in Shanghai. She is a contributor to Halsbury’s Laws of Singapore Vol 7: Contract (2009 Reissue), and Chen-Wishart, Loke & Ong (eds), Studies in the Contract Laws of Asia I: Remedies for Breach of Contract (Oxford University Press, 2016).

Dr Munin Pongsapan

Thammasat University, Faculty of Law

Dr. Munin Pongsapan is Dean of the Faculty of Law, Thammasat University. Prior to his deanship, he was the founding Director of the international LL.B. Program in Business Law, Thailand’s first and only undergraduate program in law entirely taught in English. His academic interests lie in the fields of private law, comparative law, and legal history. In addition to this volume, he is a contributor of Volumes I, III, IV of the Studies in the Contract Laws of Asia project and the editor of one of Thailand’s most cited texts on contract and obligations law written by Seni Pramoj. He was a visiting researcher at the Max Planck Institute for Comparative and International Private Law in 2012. He received his LL.B. from Thammasat, LL.M. from Cambridge and Ph.D. from Edinburgh.

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Eriko Taoka

PhD, NUS Law

PhD candidate at the National University of Singapore, and former Associate Professor of law at the Faculty of Law, Kokushikan University, Tokyo, Japan, Eriko Taoka specializes in Japanese civil law and comparative legal studies between Japanese law and laws of England, the United States, Canada, and Australia. Her main areas of interest are general contract law, agency, and trust law. She was a collaborating researcher on a KAKEN Grants-in-Aid for Scientific Research project titled “Comprehensive and Comparative Study of Civil Liberty in the Era of Globalization of Legal Systems” from 2010 to 2013, a member of a research group of “Analyses and Outlooks on Trust Law” funded by the Public Interest Foundation Trust Future Forum from 2011 to 2014, and the reporter of annual academic trends in Japanese trust law from 2014 to 2016. She also served as a co-researcher for the Principles of Asian Contract Law project, a scholarly effort to create harmonized Asian contract law. She holds law degrees from Waseda University (Bachelor and Master of Laws) and Duke University School of Law (LL.M). Some of her related publications include, “A Trustee’s Duty of Loyalty – The Contents of the Duty of Loyalty and Its Conceptual Relationship with the Duty to Perform Entrusted Business and the Duty of Care”, Doctorines and Practical Usage of Trust, pages 103-225 (2015) [JAPANESE], “Analyzing the Concept of Fiduciary Relationship and Its Ongoing Expansion in the U.S.", 59(1) Waseda Law Journal, pages 245-294 (2008), 59(2) Waseda Law Journal, pages 313-365 (2009) [JAPANESE]

Professor Tham Chee Ho

SMU Law

Professor Tham Chee Ho received his LL.B. from the National University of Singapore in 1994, and the BCL and the D.Phil. from Oxford University in 1998 and 2017, respectively . He joined the Singapore Management University (SMU) in 2001 and was the Associate Dean (Research) in the SMU School of Law in 2012 and 2013. He is a contributor to The Law of Contract in Singapore (Academy Publishing, 2012), and the ‘Contract’ chapter in the Singapore Academy of Law Annual Review of Singapore Cases. He has written on private law topics ranging from contract remedies to cross-border insolvency. Given his general interest in private law, his work has been published in a broad range of journals, including the Cambridge Law Journal, the Conveyancer and Property Lawyer, the Law Quarterly Review, the Lloyds Maritime and Commercial Law Quarterly, and the Journal of Contract Law. He will be publishing a monograph entitled ‘Understanding the Law of Assignment’ with Cambridge University Press in Autumn 2019.

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Dr. Trần Kiên

Vietnam National University, School of Law

Tran Kien is a lecturer in laws at the School of Law, Vietnam National University, Hanoi. He is also Deputy Director (Research) of the Institute for Social Development Studies, a leading independent research institute in Vietnam. In 2019, Kien becomes an affiliate at the School of Law, the University of Glasgow where he earned both his PhD and Master degree in 2015 and 2010 respectively. Prior to his postgraduate studies overseas, he had completed his first law degree at Vietnam National University, Hanoi (2007). At the School of Law, his teaching is primarily focused on private law including but not limited to Roman law, Civil law, and Intellectual property law at both undergraduate and postgraduate programs. However, Kien’s research is more diverse and interdisciplinary. His research on child support, family and marriage law, immigrant workers, human rights and constitution has been published on a number of domestic as well as international journals and books. At this moment, his research interests lie in the reform and development of law of Vietnam in the context of transition, post-socialist. He is also interested in understanding how other fields of social science such as history, art, economics can inform or influence our perception about law.

R.Yashod Vardhan

Senior Advocate, High Court, Madras

After Bachelor’s degree in Law from the University of Delhi, enrolled as an

advocate and commenced practice in the High Court, Madras. Designated as Senior Advocate by the High Court, Madras in 2007. Appointed as an arbitrator by the High Court, Madras in several arbitrations. On the panel of arbitrators of the Nani Palkhivala Arbitration Centre, Chennai,

India. Served as Chairperson, Disciplinary Committee, Bar Council of Tamil Nadu &

Puducherry(2017-2019). Trained Mediator. Co-editor, Sarkar’s ‘Specific Relief Act’, 17th edition, 2016, LexisNexis Co-editor, Pollock & Mulla’s ‘The Indian Contract & Specific Relief Acts’, 15th

edition, 2017, LexisNexis On the Honorary Advisory Editorial Board of the Madras Law Journal

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Associate Professor Wang Lei

China University of Political Science and Law

Part-time Academic Job： 1. Associate Secretary-general of China Civil Law Society. 2. Member of the Secretariat of the Leading Group of the Civil Codification Project

of the China Law Society. 3. Member of the Business Law and Contract Law Professional Committee of the

BRICS Legal Forum. Lecture Courses & Research Fields: civil and commercial law, contract law, tort liability law, real estate law. Research Interests: Democratic theory in civil and commercial law; Norms of burden of proof in civil and commercial law; Friendship Act; Resolution Act (Company Resolution); Identity Legal Act; Method of Dynamic Balancing of interests; Justice View in Civil Law; Civil Law Thought History（1911-1949） Dissertation: Gefälligkeit in perspective of civil law. Beijing University Press,2014. English papers: ‘Civil Law Problems in Brave Act of Righteousness’, Renmin Chinese Law Review: Selected Papers of The Jurist, Volume 2, Edward Elgar Publishing, 2014. ‘Realty Service Contract and the Legal System of Realty Management in China’, Conference on ‘Condominium Laws and Urban Governance in Asia’, Centre for Chinese and Comparative Law-School of Law-City University of Hong Kong.27-28 November 2014.

Associate Professor Alvin See

SMU Law

Alvin See is an Associate Professor of Law (Education) and Associate Dean (Student, Staff & Alumni Affairs) at the School of Law, Singapore Management University (SMU). He teaches the Law of Property, the Law of Equity and Trusts and Business Law. He researches mainly on private law, particularly property, trust, unjust enrichment and remedies, and dabbles in animal law. His published works, which appear in leading journals, have been cited by the highest appellate courts in Singapore and Malaysia as well as important treatises on private law. For his excellence in teaching and research, he was awarded, at the university level, the Excellent Teacher Award and the Lee Kong Chian Fellowship.

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Associate Professor Yip Man

SMU Law

Yip Man is an Associate Professor of Law at the Singapore Management University and the Deputy Director of the Centre for Cross-Border Commercial Law in Asia. Prior to joining academia, she worked as a disputes lawyer at WongPartnership LLP, practising mainly in the area of international commercial arbitration. She researches in equity, contract, restitution, private international law and dispute resolution. Her work has been cited by the Singapore Court of Appeal, the Singapore High Court and the High Court of England and Wales, as well as in leading treatises on various areas of private law. Her research has been published in international journals, including the Cambridge Law Journal, International and Comparative Law Quarterly, Legal Studies, Law Quarterly Review, Lloyd’s Maritime Commercial Law Quarterly, Journal of Equity and Restitution Law Review. She has also acted as an expert on Singapore commercial law and private international law in foreign arbitral proceedings. In recognition of her research excellence, she was awarded the DS Lee Fellowship in 2016 and the Lee Kong Chian Fellowship successively in 2018 and 2019.”

Benjamin Wong

Sheridan Fellow, NUS Law

Benjamin graduated from the National University of Singapore in 2015. After graduation, he served as a Research Assistant at the EW Barker Centre for Law & Business, assisting in research on intellectual property law and competition law, among other subject areas. Benjamin currently teaches in the area of privacy and data protection law.

Assistant Professor Christian Hofmann

NUS Law

Dr Christian Hofmann is an Assistant Professor at the National University of Singapore. Prior to joining NUS law, Christian held several positions in law faculties and in legal practice. Among others, he was a senior legal counsel for the German Central Bank (‘Bundesbank’) and a law professor at the Private University in the Principality of Liechtenstein. He held chairs at the University of Cologne and Goethe-University Frankfurt on a visiting basis (‘Lehrstuhlvertreter’), was a visiting scholar and fellow of the Humboldt Foundation at UC Berkeley and a Global Research Fellow at NYU School of Law. Christian specializes in the law and regulation of financial institutions and markets, sovereign debt restructuring and comparative corporate law. His doctorate degree in law (‘Dr. iur.’) is based on a monograph on the law of cashless payment instruments and his professorial qualification (‘Habilitation’) from Humboldt University Berlin on a comparative monograph on the protection of minority shareholders. Both were published as books by leading German publishing houses.

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Irina Sakharova

NUS Law

Irina Sakharova is a Doctoral Candidate and a President’s Graduate Fellow at the NUS Faculty of Law, where she is also a member of the Centre for Legal Theory and has been a Teaching Assistant for the Advanced Contract Law class. Her current research project is focused on issues concerning the nature of contractual rights and persons’ powers to contract, and her broader research interests lie in private law and its philosophical foundations. Irina earned her MJur degree from the University of Oxford, where she was a Hill Foundation Scholar and an Associate Editor of the Oxford University Commonwealth Law Journal. She also holds a juridical sciences degree from the Southern Federal University and a first law degree from the South-Russia State University of Economics and Services. Irina has taught private law subjects at several institutions in Russia and has been a Visiting Scholar at Columbia Law School. She has led a large-scale research project on legal framework for finance lease contracting in Russia, supported by a grant awarded in frame of the Federal Target Program ‘Research and Scientific-Pedagogical Personnel of Innovative Russia in 2009-2013’ adopted by the Government of the Russian Federation. She has also authored a book on the theory and practice of finance lease contacts.

Jeremiah Lau

Sheridan Fellow, NUS Law

Jeremiah joined the faculty as a Sheridan Fellow in 2017. He graduated from NUS Law with first class honours in 2015, receiving the Montrose Memorial Prize for the best performance in Jurisprudence. His work has been published or is forthcoming in local and international journals. He is also a contributor to a text on the law of trusts published by Oxford University Press. Jeremiah teaches and researches in the law of equity and trusts. He is also interested in the private law (particularly property rights) applicable to money, negotiable instruments and payment systems. Prior to joining NUS, he was practicing commercial litigation and arbitration at a leading law firm.

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Associate Professor Kelry Loi

NUS Law

Kelry Loi is an Associate Professor with the Faculty of Law in the National University of Singapore, where he teaches Contract and Equity & Trusts; and he is also Deputy Director of the Asian Law Institute (ASLI). Kelry was an Assistant Professor at the University of Hong Kong where he convened the Commercial Law course (LL.B. and J.D.) and had participated in teaching Global Business Law (LL.B. and LL.M.), Business Associations (LL.B.) and Contract (LL.B.). He has a LL.M. from the University of London and a LL.B. from NUS. His recent work include publications relating to Quistclose trusts and Romalpa clauses (LQR (2012), HKLJ (2011), RLR (2008) and LMCLQ (2008)), contractual estoppel (LMCLQ (2015)), mistakes and misrepresentations (JBL (2017)), sale of goods (JBL (2007) and HKLJ (2009)), trustee exemption clauses (Conv (2011)), mortgagees' and receivers' duties (JBL (2010), Conv (2010) and SJLS (2009)), bills of exchange (Chitty on Contracts - Hong Kong Specific Contracts (2008)), performance guarantees (SAcLJ (2011)), implied terms in contracts (LQR (2009)), exemption clauses and misrepresentation (SJLS (2012)), rescission and misrepresentation (Ch 14 in Trusts and Modern Wealth Management (2018)) and agency (JCL (2013)).

Associate Professor Sandra Annette Booysen

NUS Law

Dr Sandra Booysen is an Associate Professor at the National University of Singapore, deputy-director of the Centre for Banking and Finance Law (CBFL), and serves on the editorial board of two academic journals: Singapore Journal of Legal Studies and International Banking and Securities Law (published by Brill). Sandra’s research interests straddle contract and banking law and she has published her work in a variety of international journals. Her most recent work examines the role of the courts in protecting consumers in the bank-customer contract, and was published in the Law Quarterly Review (July 2019). In 2017, Sandra co-edited a volume entitled Can Banks Still Keep a Secret? Bank Secrecy in Financial Centres Around the World which was published by Cambridge University Press. Prior to joining academia, Sandra practiced law in London and Johannesburg, with a focus on commercial litigation. She is admitted as a solicitor in England and Wales, and as an attorney and notary in South Africa.

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Assistant Professor Tan Zhong Xing

NUS Law

A graduate of Harvard Law School and the NUS Law Faculty, Zhong Xing first joined the faculty as a member of the inaugural batch of Sheridan Fellows in 2014, subsequently being appointed Assistant Professor in 2018. Zhong Xing was the recipient of various academic awards including Harvard Law School's Project on the Foundations of Private Law Prize, as well as the Montrose Memorial Prize for Jurisprudence and the Wong Peng Koon Prize for Best Directed Research Paper at NUS Law. Prior to entering academia, Zhong Xing practised corporate and commercial litigation. Zhong Xing's research and teaching interests are in contract law, private law and legal theory, and commercial and corporate law more generally, as well as the various intersection points between these fields. His work has been published (or is forthcoming) in a number of leading general and specialist law journals, including the Modern Law Review, Journal of Contract Law, Journal of Business Law, and the Journal of Corporate Law Studies.

Yong Pung How Chair Professor Yeo Tiong Min

SMU Law

Yeo Tiong Min’s research interests are primarily in private law including contract law, unjust enrichment, remedies, and equity, with a focus on private international law.

Associate Professor Pearlie Koh

SMU Law

Associate Professor Pearlie Koh received the LLB from the National University of Singapore and obtained the LLM from the University of Melbourne. She is admitted as an advocate and solicitor in Singapore. Pearlie presently teaches at the School of Law, Singapore Management University, where she teaches the Law of Business Organisations and Corporate Law. Her main area of research interest is in company law, although she has also written in contract law. Her publications include articles published in both local and international peer-reviewed journals, as well as the book “Company Law” published by LexisNexis, which is into the 3rd edition. She has also contributed chapters to a number of books, including “Corporate Law” and “The Law of Contract in Singapore” published by Academy Publishing.

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