PhD University of Edinburgh LLM University of Edinburgh LLB Soochow University (Taiwan)
Dr Yu lectured at University of Essex Law School before joining Stirling in 2005 as a lecturer in law and becoming a Reader in Law in 2007. She was the Director of LLM in International Commercial Law and the Director of Research Postgraduates Programme for Law. She served as the Associate Dean for Graduate Studies and the Executive for the Scottish Graduate School of Arts and Humanities. Internationally, she serves as an Arbitration Law Amendment Committee Member (Taiwan). Dr Yu serves an external panel member in subject institutional reviews at the University of Strathclyde, University of Aberdeen, and Robert Gordon University. She has also carried out PhD examination internally and externally. She is a member of the editorial board of the International Arbitration Law Review.
Research Interests:
Dr Yu's main areas of interest are the theories and practice of international commercial arbitration, International investment law and arbitration and their interact with access to civil justice. Her approach is broadly doctrinal and comparative based. She has a particular interest in exploring law in the context of the current practice. A key theme in her work is a justification of current developments in both commercial and investment arbitration, and her research in these areas have been published widely in journals such as the International Comparative Law Quarterly, Journal of Business Law, Journal of International Arbitration, and Civil Justice Quarterly. She has also acted as a referee for journals in her specialist areas. She welcomes any PhD proposals in the areas of transnational commercial lawand legal methods, international commercial arbitration, ADR, Access to Civil Justice and international investment arbitration.
Previous Positions
Lecturer in Law, University of Stirling 2005-2006 Lecturer in Law University of Essex 1999-2004 City Solicitors Educational Trust Teaching Fellow in Legal Education and New Technologies, University of Essex, 1998- 1999 Part-time Lectureship, University of Essex, 1997 – 1998
Postgraduate Supervision Alternative Dispute Resolution Harmonisation of International Commercial Arbitration International Trade Law Judicialised Arbitration
Esteem Indicators : Member of Editorial Board, International Arbitration Law Review(2002- to date) Leader, Scottish Universities Dispute Resolution Research Network
Professional Affiliations: Arbitrator, Arbitration Association, the Republic of China Higher Education Senior Fellow Member, Society of Legal Scholars Member, Socio-Legal Studies Association Member, Legal Education Research Network
Arbitrator (Taiwanese Arbitration Association). Member of the Society of Legal Scholars. Member of editorial board for International Arbitration Law Review
Research Funding Applications: 2009 British Academy : International Exchange Scheme with Sinica Academy
Chinese Arbitration Association - Visiting Counsel
Foreign Investment Law
The Burden of Proof in Corruption cases
International Commercial Arbitration: A departure from the UNCITRAL Model Law –the Arbitration (Scotland) Act 2010 and some related issues
H Yu, ‘A departure from the UNCITRAL Model Law –the Arbitration (Scotland) Act 2010 and some related issues’ (2010) 3(2) Journal of Contemporary Asian Arbitration, 283-313
International Commercial Arbitration: A Theoretical Overview of The Foundations of International Commercial Arbitration
H Yu, ‘A Theoretical Overview of The Foundations of International Commercial Arbitration’ (2008) 1(2) Journal of Contemporary Asian Arbitration 255-286
LLM External Examiner
Mediation in Context
Arbitration Practice and Procedures
Arbitration Law
International Commercial Dispute Resolution
International Commercial Arbitration Moot
Arbitration Law
Validation of LLM programme in Arbitration
LLB abd BA External Examiner
Commercial Law
Business Law
Dissertation
PhD External examiners
University of Aberdeen
Advanced Mediation
International Arbitration Practice
International Investment Law
International Arbitration: Energy ad Nature Resources
Legal Principles
Professional Arbitration Skills
LLM External Examiner
University of Aberdeen
PhD examination - THE (LACK OF) PRECEDENTIAL VALUE OF ARBITRAL DECISIONS BY INVESTMENT TRIBUNALS: A DESIRABLE
SOLUTION FOR GREATER CONSISTENCY?
MPhil Examiner
Public Policy as a Ground for Challenging and Vacating Domestic Arbitral Awards in the United Arab Emirates (2019)
Scottish Universities Dispute Resolution Research Network
This is a network of scholars and practitioner working on alternative dispute resolution. It creates a platform for discussion, research and impact on the Scottish Government's policy on alternative dispute resolution.
Transnational Law International Commercial Arbitration International Investment Arbitration Alternative Dispute Resolution Access to Civil Justice Commercial Law Comparative Law
Article
Reconsidering The Legal Basis of Arbitrator's Immunity Through The Lens of The Al Misnad Case
Yu H (2022) Reconsidering The Legal Basis of Arbitrator's Immunity Through The Lens of The Al Misnad Case. Journal of Business Law, 2022 (1), pp. 18-42.
Article
Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments
Olmos Giupponi B & Yu H (2022) Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments. Laws, 11 (4), Art. No.: 59. https://doi.org/10.3390/laws11040059
Article
Intersecting and Dissecting Confidentiality and Data Protection in Online Arbitration
Egan M & Yu H (2022) Intersecting and Dissecting Confidentiality and Data Protection in Online Arbitration. Journal of Business Law, 2022 (2), pp. 135-163.
Article
Yu H (2022) Going Local for perfection: How do the English courts give defective arbitration agreements the maximum effect?. Journal of Business Law, 2023.
Conference Proceeding
Yu H & Olmos Giupponi B (2021) Analysing Obstacles and Challenges in Fighting Corruption in Cases of Illegal Investments: How to Bell the Cat?. In: Halmai G, Lovejoy M & Mardikian L (eds.) TBC. Corruption, Democracy and Human Rights: Exploring New Avenues in the Fight Against Corruption, Florence, Italy, 20.06.2019-21.06.2019. Cambridge.
Article
Yu H (2021) Arbitrator's implied duty of disclosure and its interaction with the duty of impartiality and the duty of confidentiality. Contemporary Asia Arbitration Journal, 14 (1), pp. 1-38.
Consultancy Report
The Duty of Confidentiality Within The Global Landscape
Yu H (2021) The Duty of Confidentiality Within The Global Landscape. Chinese Arbitration Association. CAA Newsletter. Taipei. http://caa-epaper.arbitration.org.tw/paper_detail.aspx?ID=2db0413a-b8af-4632-b8d5-ea2cb139448b
Article
Yu H (2021) Adopting a "Range of Factors" and "Division of Systems" Approach: Establishing Principles for a Consistent Standard of Proof to Assess Illegality in Foreign Investment Disputes. Journal of Business Law, 2021 (1), pp. 75-98.
Article
Yu H & Chen J (2021) A Comparative Study of the Control Mechanisms within the Major International Arbitration Institutions [主要國際仲裁機構設立案件內控專責組織之比較 分析]. CAA Arbitration Journal, 111, pp. 79-136. http://www.arbitration.org.tw/quarterly.php
Article
Yu H (2020) "Business as usual" during an unprecedented time - the issues of data protection and cybersecurity in international arbitration. Contemporary Asia Arbitration Journal, 13 (1), pp. 45-66.
Article
Yu H (2018) Three may not be a crowd - who is in the driver's seat under Section 9 of the Contract (Third Party Rights) Act 2017. Journal of Business Law, 2018 (7), pp. 539-558.
Article
Yu H (2018) Transparency Issue in the Amendment of ICSID Arbitration Rules - Public Right to Information vs Public Confidence?. International Arbitration Law Review, 21 (4), pp. 94-105.
Article
Yu H (2018) Who is in? Who is out? How the Uncitral Transparency Rules Can Influence the Upcoming Amendments of the ICSID Arbitration Rules. Contemporary Asia Arbitration Journal, 11 (1), pp. 45-72. http://www.ntu.law.acwh.tw/publication_c.php?sid=13&pid=242&page=1
Article
Swanson DM, Yu H & Mouroutsou S (2017) Inclusion as Ethics, Equity and/or Human Rights? Spotlighting School Mathematics Practices in Scotland and Globally. Social Inclusion, 5 (3), pp. 172-182. https://doi.org/10.17645/si.v5i3.984
Article
Can third party funding deliver justice in international commercial arbitration?
Yu H (2017) Can third party funding deliver justice in international commercial arbitration?. International Arbitration Law Review, 20 (1), pp. 20-34.
Book Chapter
Yu H (2016) A Bad Compromise Is Better Than a Good Lawsuit: Mutual Influence Between the East and the West on Mediation. In: Lo C, Li N & Lin T (eds.) Legal Thoughts between the East and the West in the Multilevel Legal Order: A Liber Amicorum in Honour of Professor Herbert Han-Pao Ma. Economics, Law, and Institutions in Asia Pacific. Cham, Switzerland: Springer, pp. 555-573. http://link.springer.com/chapter/10.1007/978-981-10-1995-1_32; https://doi.org/10.1007/978-981-10-1995-1_32
Article
The Pandora Box Effects under the UNCITRAL Transparency Rules
Yu H & Olmos Giupponi MB (2016) The Pandora Box Effects under the UNCITRAL Transparency Rules. Journal of Business Law, 2016 (5), pp. 347-372.
Article
Keeping the Invisible Hand under Control? -Arbitrator's Mandate and Assisting Third Parties
Yu H & Ahmed M (2016) Keeping the Invisible Hand under Control? -Arbitrator's Mandate and Assisting Third Parties. Vindobona Journal of International Commercial Law and Arbitration, 19 (2), pp. 213-242. http://maa.net/index.php?option=com_content&view=article&id=228&Itemid=153
Book Chapter
Yu H (2015) Dispute Resolution. In: Black G (ed.) Business Law in Scotland. 3rd ed. Edinburgh: W Green. http://www.sweetandmaxwell.co.uk/Catalogue/ProductDetails.aspx?recordid=6289
Article
Road To Nowhere? – A Comparative Legal Analysis on the Enforcement of Yukos Awards
Yu H & Olmos Giupponi MB (2015) Road To Nowhere? – A Comparative Legal Analysis on the Enforcement of Yukos Awards. International Arbitration Law Review, 18 (4), pp. 80-94.
Book Chapter
Fairy is back - have you got your wand ready?
Yu H (2015) Fairy is back - have you got your wand ready?. In: Stone P & Farah Y (eds.) Research Handbook on EU Private International Law. Research Handbooks in European Law series. London: Edward Elgar Publishing Ltd, pp. 68-115. http://www.e-elgar.com/shop/research-handbook-on-eu-private-international-law
Article
Carrot and Stick Approach in English Mediation–There Must Be Another Way
Yu H (2015) Carrot and Stick Approach in English Mediation–There Must Be Another Way. Contemporary Asia Arbitration Journal, 8 (1), pp. 81-112. http://heinonline.org/HOL/Page?handle=hein.journals/caaj8&div=7&g_sent=1&collection=journals
Article
Written Arbitration Agreements – What Written Arbitration Agreements?
Yu H (2013) Written Arbitration Agreements – What Written Arbitration Agreements?. Civil Justice Quarterly, 32 (1), pp. 68-93.
Authored Book
The Theories and Developments of International Commercial Arbitration
Wu G & Yu H (2013) The Theories and Developments of International Commercial Arbitration. Series of Intellectual Property Law and Economic Law. Taipei: Hanlu Publishing. http://hanlu.com.tw/front/bin/ptdetail.phtml?Part=978-986-7522-99-3
Article
The New French Arbitration Law: An Analysis
Yu H & Ahmed M (2012) The New French Arbitration Law: An Analysis. International Arbitration Law Review, 15 (1), pp. 20-29.
Article
Duty of Confidentiality: Myth or Reality?
Yu H (2012) Duty of Confidentiality: Myth or Reality?. Civil Justice Quarterly, 31 (1), pp. 68-88.
Book Chapter
Yu H (2011) Dispute Resolution. In: Black G (ed.) Business Law in Scotland. 2nd ed. Edinburgh: W Green.
Article
How far can party autonomy be stretched in setting the grounds for the refusal of arbitral awards
Yu H (2011) How far can party autonomy be stretched in setting the grounds for the refusal of arbitral awards. International Arbitration Law Review, 14 (5), pp. 156-161.
Authored Book
Commercial Arbitration: Scottish and International Perspectives
Yu H (2011) Commercial Arbitration: Scottish and International Perspectives. Dundee: Dundee University Press. http://www.dundee.ac.uk/dup/books/commercialarbitration/
Article
Yu H (2010) A Departure from the UNCITRAL Model Law - The Arbitration (Scotland) Act 2010 and some Related Issues. Contemporary Asia Arbitration Journal, 3 (2), pp. 283-313. http://www.law.ntu.edu.tw/center/wto/05publications3.asp?u_index=408&FB=P5&tb_index=2124936
Article
Yu H (2009) Court Annexed Mediation. Civil Justice Quarterly, 28 (4), pp. 515-550.
Article
Who is an arbitrator? A study into the issue of immunity
Yu H (2009) Who is an arbitrator? A study into the issue of immunity. International Arbitration Law Review, 12 (2), pp. 3-10.
Book Chapter
Yu H (2008) Dispute Resolution. In: Black G (ed.) Business Law in Scotland. Edinburgh: W Green.
Article
A Theoretical Overview of the Foundations of International Commercial Arbitration
Yu H (2008) A Theoretical Overview of the Foundations of International Commercial Arbitration. Contemporary Asia Arbitration Journal, 1 (2), pp. 255-286. http://www.law.ntu.edu.tw/center/wto/NewsDetail.asp?tb_index=97
Article
Choice of the Proper Law vs. Public Policy
Yu H (2008) Choice of the Proper Law vs. Public Policy. Contemporary Asia Arbitration Journal, 1 (1), pp. 107-148. http://www.law.ntu.edu.tw/center/wto/05publications3.asp?u_index=408&FB=P5&tb_index=10154734
Article
Problems and possibilities of civil mediation
Yu H (2007) Problems and possibilities of civil mediation. Scolag, (361), pp. 26-28. http://www.scolag.org/journal/issue-361-november-2007
Authored Book
The Modern Trends in Arbitrator’s Choice of Law
Yu H (2006) The Modern Trends in Arbitrator’s Choice of Law. Taiwan: Jencheng Publishing.
Article
Explore the void - an evaluation of arbitration theories: Part 2
Yu H (2005) Explore the void - an evaluation of arbitration theories: Part 2. International Arbitration Law Review, 8 (1), pp. 14-22.
Article
Explore the void - an evaluation of arbitration theories: Part 1
Yu H (2004) Explore the void - an evaluation of arbitration theories: Part 1. International Arbitration Law Review, 7 (6), pp. 180-190.
Article
Yu H (2004) Division of Jurisdiction between Courts and Arbitral Tribunals: role of courts in the presence of an arbitration clause. CAA Arbitration Journal, 3, pp. 1-40. http://www.arbitration.org.tw/english/publications_08.htm
Article
Can online arbitration exist within the traditional arbitration framework?
Yu H & Nasir M (2003) Can online arbitration exist within the traditional arbitration framework?. Journal of International Arbitration, 20 (5), pp. 455-473.
Article
Independence, impartiality and immunity of arbitrators - US and English Perspectives
Yu H & Shore L (2003) Independence, impartiality and immunity of arbitrators - US and English Perspectives. International and Comparative Law Quarterly, 52 (4), pp. 935-967. https://doi.org/10.1093/iclq/52.4.935
Article
Yu H (2002) Is the territorial link between arbitration and the country of origin established by Articles I and V(1)(e) being distorted by the application of Article VII of the New York Convention?. International Arbitration Law Review, 5 (6), pp. 196-205.
Article
Five years On: A Review of the English Arbitration Act 1996
Yu H (2002) Five years On: A Review of the English Arbitration Act 1996. Journal of International Arbitration, 19 (3), pp. 209-225.
Article
Yu H (2002) Examination of English Arbitration Act 1996 against the modern trends of international commercial arbitration. CAA Arbitration Journal, 1, pp. 147-186. http://www.arbitration.org.tw/english/publications_08.htm
Article
Choice of laws for arbitrators: two steps or three?
Yu H (2001) Choice of laws for arbitrators: two steps or three?. International Arbitration Law Review, 4 (5), pp. 152-163.
Article
The impact of national law elements on international commercial arbitration
Yu H & Molife P (2001) The impact of national law elements on international commercial arbitration. International Arbitration Law Review, 4 (2), pp. 23-28.
Article
From arbitrator’s immunity to the fifth theory of international commercial arbitration
Yu H & Sauzier E (2000) From arbitrator’s immunity to the fifth theory of international commercial arbitration. International Arbitration Law Review, 3 (3), pp. 114-121.
Article
Amiable composition – A learning curve
Yu H (2000) Amiable composition – A learning curve. Journal of International Arbitration, 17 (1), pp. 79-98. http://www.kluwerlawonline.com/abstract.php?area=Journals&id=267911
Article
Minmetals Germany GmbH v. Ferco Steel Ltd. – A step further than localisation
Yu H (1999) Minmetals Germany GmbH v. Ferco Steel Ltd. – A step further than localisation. International Arbitration Law Review, 2 (3), pp. 83-89.
Article
Defective awards must be challenged in the courts of the seat of the arbitration
Yu H (1999) Defective awards must be challenged in the courts of the seat of the arbitration. Arbitration, 65 (3), pp. 195-202.
Article
Section 46(1)(b) of the English Arbitration Act 1996: Its past and future
Yu H (1999) Section 46(1)(b) of the English Arbitration Act 1996: Its past and future. International Arbitration Law Review, 2 (2), pp. 43-46.
Article
From arbitrability to a-national principles – The U.S. experience
Yu H (1999) From arbitrability to a-national principles – The U.S. experience. International Arbitration Law Review, 2 (1), pp. 1-8.
Article
The delocalisation theory – An arbitration paradise?
Yu H (1999) The delocalisation theory – An arbitration paradise?. Journal of Commercial Arbitration, 54, pp. 58-79.
Article
French court’s attitude towards the choice of the proper law
Yu H (1998) French court’s attitude towards the choice of the proper law. Journal of Commercial Arbitration, 51, pp. 76-89.
Article
The Taiwanese Arbitration Act 1998
Yu H (1998) The Taiwanese Arbitration Act 1998. Journal of International Arbitration, 15 (4), pp. 107-125. http://www.kluwerlawonline.com/abstract.php?area=Journals&id=JOIA1998033
Article
A-national principles in Taiwan
Yu H (1998) A-national principles in Taiwan. International Arbitration Law Review, 1 (7), pp. 217-219.
Article
Some thoughts on the legal status of a-national principles in China
Yu H (1998) Some thoughts on the legal status of a-national principles in China. International Arbitration Law Review, 1 (6), pp. 185-187.
Article
Total separation of international commercial arbitration from national legal regime
Yu H (1998) Total separation of international commercial arbitration from national legal regime. Journal of International Arbitration, 15 (2), pp. 145-166.
Teaching
LAWU9AC: :Alternative Commercial Dispute Resolution ARTP02: Dissertation Proposals LAWU9RM: Research Methods LAWPP18: International Investment Law
International Commercial Arbitration