27 March 2023
By Dr Xue Bai
After completing an LL.M. in International Commercial Arbitration (Magna Cum Laude) from Stockholm University and an LL.M. in Civil and Commercial Law (Summa Cum Laude) from China University of Political Science and Law, Dan Xie pursued her doctoral research at UNSW funded by the University International Postgraduate Award. Dan conducted doctoral research on ‘Transnational Due Process and Article V(1)(b) of the New York Convention: Grounding Interpretation and Application of the Due Process Defence in the Public International Law Framework for Treaty Interpretation’.
‘In my doctoral dissertation, I use the transnational approach grounded in the public international law framework for treaty interpretation to interpret and apply the due process defence under the New York Convention. I deploy the interpretative framework set out in the Vienna Convention on the Law of Treaties and, more specifically, the general principle of audiatur et altera pars and the subsequent practice of State Parties to the New York Convention.’
To date, Dan has authored six publications covering a broad range of scholarly interests. Topics include data protection law in investment arbitration, iura novit curia and due process, free trade zones in China, the Chinese International Commercial Courts, foreign investment law in China, and Lon Fuller’s Interactionism. These papers have been published in Arbitration International (Oxford University Press), Transnational Dispute Management, IGI Publishing, ACICA Review (Australian Centre for International Commercial Arbitration), and Arbitration and Law (China International Economic and Trade Arbitration Centre).
During her study at UNSW, Dan was awarded the Winner of the 2021 Australian Centre for International Commercial Arbitration Essay Competition, second prize in Zhonglun & China International Economic and Trade Arbitration Commission (CIETAC) National Arbitration Essay Competition, and received the UNSW Law Higher Degree Research (HDR) Research and Development Support Fund, Max Planck Institute Luxembourg for Procedural Law Guest Scholarship and the Hague Academy of International Law Scholarship.
“I have benefitted from participating in research projects and activities conducted by CIBEL at the University of New South Wales. I have engaged in research projects as a research assistant funded by UNSW CIBEL, supervised by Associate Professor Kun Fan, Associate Professor Weihuan Zhou and Professor Heng Wang. I also participated in the CIBEL Global Network Young Scholars Workshop and was shortlisted for the 2019 UNSW CIBEL Global Network PhD Scholar Award. Importantly, these experiences have greatly contributed to the development of my research methodology and research abilities.”
Some of Dr Dan Xie’s supervisors reflected on her research with CIBEL:
Professor Lucas Lixinski
“Dr Xie combines extreme diligence with a wonderful attitude and great insight. She found a way to make a novel and important contribution to an area of international commercial arbitration that was largely neglected and considered ‘resolved’. Through amassing a wide range of materials and synthesizing them with sophistication, she wove an important narrative about the possibilities and pitfalls of working across public and private international law to resolve key questions in the field. The East China University of Political Science and Law, and in fact academia, are lucky to have her. I cannot wait to see the many more wonderful things she accomplishes as a scholar.”
Emeritus Professor Leon Trakman
"Dr Dan Xie is an outstanding PhD graduate of UNSW Law. She was a pleasure to supervise, always thoughtful and reflective, committed to her work and capable of achievement at the highest level. We are very proud of her successes, and know that she will excel throughout her career. "
Associate Professor Jonathan Bonnitcha
“One of the pleasures of supervising PhD theses is the chance to learn from your students. In her PhD thesis, Dr Dan Xie blends careful doctrinal analysis with sensitivity to the policy and practical considerations underpinning international arbitration. It was a pleasure to be involved in her project. I learned a lot from her and admire her insight, analytical rigour and tenacity. I’m genuinely excited to follow her career as it develops at East China University of Political Science and Law.”
We wish Dr Dan Xie all the best with her future endeavours. CIBEL strives to support young scholars and professionals through its diverse education programs. Find out more about how you can study with us.