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Private International Law

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He QiSheng

Professor

Tel: 0086-27-68753637

Fax: 0086-27-68754154

Email: heqisheng@yahoo.com

Address: Wuhan University School of Law, Wuhan 430072, Hubei Province, China

A. Work Experience

Work in China

2014 Luojia Distinguished Professor, Assistant Dean

2013 Associate Director of Wuhan University Institute of International Law

2011 Arbitrator at the Wuhan Arbitration Commission, Director of Wuhan University Institute for Cyber Economy and Law

2007 Professor of International Law, Wuhan University

2005-2007 Vice-President (served in a temporary capacity) at Jianghan District People’s Court in Wuhan

2004-2007 Associate Professor, Wuhan University

2003 Deputy Editor-in-Chief, Wuhan University International Law Review (CSSCI)

2002-2004 Lecturer, Wuhan University; Postdoctoral Research Fellow at Peking University Law School.

2002-2003 Practicing Lawyer in Hubei Luojia Law Firm, Wuhan

2000-2001 Vice Editor-in-Chief of Cybertime magazine

Work outside China

June 9-14, visitor at the Max Planck Institute for Comparative and International Private Law.

September 1, 2011-August 31, 2012, a Fulbright Visiting Scholar at Stanford University Law School under the auspices of the Fulbright Scholar Program of the U.S. Department of State, Bureau of Educational and Cultural Affairs (ECA)

June 5-August 5, 2010, a visiting scholar at the University of Vienna under the auspices of the European Union EMECW (the Erasmus Mundus External Cooperation Window).

November 27, 2006-May 26, 2007, a visiting scholar of the University Paul Cézanne-Aix-Marseille III, France, under the auspices of the EU-CHINA European Studies Centers Programme.

July 4-21, 2005, as a member of China’s delegation to participate in the United Nations Commission on International Trade Law 38th Session (Vienna 07/2005) to participate in drafting the Convention on the Use of Electronic Communications in International Contracts.

July 5-23, 2004, a member to attend the Summer Session on Private International Law at the Hague Academy of International Law, the Netherlands.

March - June 2004, a visiting scholar at Cardiff University Law School under the auspices of Cardiff University, the United Kingdom.

B. Academic Background

Educational Qualifications

2002 Doctor of Philosophy (LL.D),Wuhan University

1999 Master of International Law (LL.M.), Wuhan University

1996 Bachelor of Law, Henan University

C. Professional Appointments

2013, Senior member of the China Society of International Law

2011, Deputy Secretary-General of China Private International Law Society

2010, a member of Professional Committee on Trial Theory across Taiwan Straits

2009, Project Evaluation Expert at the Ministry of Justice, China

2008, Peer Expert at the National Social Science Fund (an entity of the Ministry of Education),

Evaluation Expert of Academic Degree and Graduate Education Program at the Ministry of Education, China

2008, Senior Director at the China Society of Private International Law; Director at the China’s Law Journals Society

2006, Deputy Secretary-General of International Law Society of Hubei Province

D. International Conferences outside China

June 7-8, 2013, participated in “International Private Law in Europe and China,” held at the Max Planck Institute for Comparative and International Private Law. My presentation is “Contract Reforms in China’s Private International Law.”

October 19-20, 2012, participated in “the Harvard-Stanford Fifth Annual International Junior Faculty Forum,” held at Stanford Law School (USA). My paper entitled “Improving Transnational Access to Justice: Learnings from and Assessments of Sanlian v. Robinson” had been selected for inclusion in the conference program and was discussed at the forum.

September 20-21, 2012, participated in the conference “E-Commerce and ODR: Current Status & Prospects in the Region,” hosted by UNCITRAL Regional Center for Asia and the Pacific, Korean Ministry of Justice and Korean Ministry of Knowledge and Economy (South Korea). I present my paper “Online Dispute Resolution in China: Issues and Challenges.”

April 6, 2012, participated in the conference “the 22nd Annual Fulbright Symposium on International Legal Problems,” held at the Golden Gate University School of Law (USA). I delivered my paper “Judicial Application of the New York Arbitration Convention in China: Policies and Instruments.”

November 23-24, 2010, attended “the First UNCITRAL Regional Workshop in Asia,” hosted by the Ministry of Justice of Republic of Korea and the Korean University Law School. I also had the opportunities to delivery 2 papers: “The Efforts and Prospective Cooperation of UNCITRAL in Asia: Taking International Commercial Arbitration as Example” and “A Global Online Dispute Resolution System: Is China Ready to Join?”

March 29-30, 2010, attended the Colloquium on “A Fresh Look at Online Dispute Resolution (ODR) and Global E-Commerce: Toward a Practical and Fair Redress System for the 21st Century Trader (Consumer And Merchant)”, presented by UNCITRAL, the Institute of International Commercial Law of Pace Law School and Penn State Dickinson School of Law, United Nations Vienna International Centre (Austria).

List of Publications

I. Publications in English

A. Journal Papers and Articles in English

  1. Public Policy in Enforcement of Foreign Arbitral Awards in the Supreme People’s Court of China, 27(3) Hong Kong Law Journal (2013).
  2. Recognition and Enforcement of Foreign Judgments between USA and China: A Study of Sanlian v Robinson, 6(1) Tsinghua China Law Review (2013).
  3. Enforcement of Foreign Arbitral Awards in China: Dominant Role of the Supreme People's Court, 7(3) World Arbitration & Mediation Review (U.S.) (2013).
  4. Case Note: Hubei Gezhouba Sanlian Indus. Co. v. Robinson Helicopter Co., 21(1) Asia Pacific Law Review (Hong Kong) (2013).
  5. Reconstruction of Lex Personalis in China, 62(1) International and Comparative Law Quarterly (U.K.) (2013).
  6. Changes to Habitual Residence in China’s Lex Personalis, 14 Yearbook of Private International Law (Switzerland) (2012/2013).
  7. The EU Choice of law Communitarization and the Modernization of Chinese Private International Law, 76(1) RabelsZ (Germany) (2012).
  8. A Global Online Dispute Resolution System: Is China Ready to Join?, 7 The Asian Business Lawyer (South Korea) (2011), co-authored with Jiping Song.
  9. Recent Developments with Regard to Choice of Law in Tort in China, 11 Yearbook of Private International Law (Switzerland) (2009).
  10. China’s Private International Law (1978–2008), 5(2) Frontiers of Law in China (2010).

B. Other Publications

  1. A Chinese Perspective on the Hague Convention of 25 October 1980 on the Civil Aspects of International Child Abduction, the Judges’ Newsletter (edited by Hague Conference on Private International Law), vol. 11, 2006. ( Also available in French: Un Point de Vue de la Chine Sur la Convention de la Haye du 25 October 1980 Sur Les Aspects Civils de L’enlevent International D’enfants, La Lettre des Juges par la Conference de la Haye de Droit International Privé, Tome XI, 2006).
  2. Interpretation (I) of the Supreme People’s Court on Certain Issues Concerning the Application of the “Law of the People’s Republic of China on Application of Law to Foreign-Related Civil Relations”, 2(1) The Chinese Journal of Comparative Law(2014), Translation by Qisheng HE.

II. Publications in Chinese

A. Books

  1. International Legal Competition: Language·Skills·Rules, Wuhan University Press (Wuhan), 2014.
  2. Dispute Resolution Mechanism under the Internet Circumstance: Change and Development，Wuhan University Press (Wuhan), 2009, One of Selected National Key Books.
  3. New Developments in Uniform Contract Law - Reviews of the Convention on the Use of Electronic Communications in International Contracts, Peking University Press (Beijing), 2007.
  4. Studies on Service of Process Abroad, Peking University Press (Beijing), 2006.
  5. Private International Law Issues in Electronic Commerce, Law Press (Beijing), 2004.

B. Co-Authored Books

  1. Profiles of International Law Scholars at Wuhan University and Review of Their Theories about International Law, Wuhan University Press (Wuhan), 2011, Editor-in-Chief.
  2. Private International Law: Materials and Cases in Chinese and English (I, II), Law Press (Beijing), 2004, co-authored with Jin Huang and Kai Xiao.

C. Journal Papers and Articles in Chinese

  1. Habitual Residence and Reconstruction of Lex Personalis in China, 29(3) Studies in Law and Business (2013)
  2. Willem C. Vis International Commercial Arbitration Moot from the Perspective of Education in Law, 10(4) Contemporary Law Science (2012). Co-authored with Xiaoliang Fan.
  3. On Legal Regulation of Digital Products Trade in U.S. FTAs, 27(5) Journal of Henan University of Economics and Law (2012).
  4. Enforcement of Foreign Public Judgments in Conflict of Laws, 21 International and Comparative Law Review (2012). Co-authored with Kai Zhao
  5. Homeward Trends in the Application of Law for Foreign-related Civil Relations in China, 64(2) Wuhan University Journal (Philosophy & Social Sciences) (2011). Co-authored with Wei Xu.
  6. The Application of Foreign Public Law and the Conflicts Law, 14(1) Wuhan University International Law Review (2011). Co-authored with Sun Hui.
  7. Legal Issues of the WTO Duty-Free Moratorium on Electronic Commerce, 17(4) World Trade Organization Focus (2010).
  8. Thirty Years of Chinese Scholarship regarding Private International Law (1978-2008), Wuhan University International Law Review, Vol.11, 2009.
  9. International Law Teaching in the Centeral South Region of China after the Reform and Opening-Up in 1978, 117(6) Journal of Henan Administrative Institute of Politics and Law (2009).
  10. Influences of Fundamental Principles of Olympism on Modern Doctrine of International Law, 27(1) Law Review (2009).
  11. He Qisheng, etc., Enumerations of Academic Contributions by Wuhan University Law School during the Past 30 Years, 27(6) Law Review (2009).
  12. Comments on the Convention on the Use of Electronic Communications in International Contracts, 12 Financial and Economic Law Review (Taipei) (2008).
  13. The 20th Anniversary of the China Society of Private International Law, 8 Wuhan University International Law Review (2008).
  14. Exclusive Jurisdiction of the Sino-foreign Joint Venture Contracts, 6 LuoJia Jurists’ Forum (2007).
  15. Profile of Judge MEI Ruao and Review of His Theories about International Law (Mr. MEI is one of 11 judges at Far East Military Court) and His International Law Theory, 6 Wuhan University International Law Review, (2007).
  16. He Qisheng, etc., How to Stop the Behaviors Enticing Net Citizen to Order Short Message Services by Creating Pornographic Materials, 12 People’s Procuratorial Semimonthly (2007).
  17. New Pragmatism and Latest Developments of Bankruptcy Conflict Law, 6 Chinese Journal of Law (2007).
  18. Comments on the Convention on the Use of Electronic Communications in International Contracts - in Comparison with the UNCISG and UNCITRAL Model Laws on Electronic Commerce, 29(1) Journal of Jinan University (Philosophy and Social Sciences) (2007).
  19. Law Applicable to the Sino-Foreign Joint Venture Contract, 5 LuoJia Jurists’s Forum (2006).
  20. Rules Regarding Choice of Laws in Electronic Commerce, 4 Wuhan University International Law Review (2006).
  21. Dilemmas and Choices regarding Service abroad, 157(2) Chinese Journal of Law (2005).
  22. Some Proposals on the Intellectual Property Issues for the Drafted Convention on Exclusive Choice of Court Agreements, 58(1) Wuhan University Journal (Philosophy and Social Sciences) (2005).
  23. Some Issues Concerning Implementation of the Hague Service Convention, 33 Civil and Commercial Law Review (2005).
  24. Electronic Service of Process Abroad and the Hague Service Convention, 10 Procedural Law Review (2005).
  25. Sovereign Issues of Service Aboard, 16 International and Comparative Law (2005).
  26. Electronic Contracting and the Development of the UN Convention on International Sale of Goods, 3 Journal of Comparative Law (2004).
  27. An Introduction to HUGO GROTIUS and His International Law Theories, 2 Wuhan University International Law Review (2004).
  28. Comments on Some Rules of Private International Law in Regard to Civil Code Draft in China, 54(5) The Law Monthly (2003).
  29. Electronic Commerce and the Innovation of the Conflict of Laws, 1 Chinese Science of Law (2003). Co-authored with Huang Jin.
  30. Essential Factors of Electronic Arbitration Agreements, 4 Law Review (2003).
  31. Validity of the Arbitration Clause in Electronic Contract, 3 Arbitration and Law (2003).
  32. Studies of Service Abroad in USA, 1 Wuhan University International Law Review (2003).
  33. Research on Forum Non Conveniens, 7 Procedural Law Review (2002).
  34. Some Proposals on E-commerce Issues in Drafting the Hague Jurisdiction Convention, 54(2) Wuhan University Journal (Social Sciences) (2001). Co-authored with Xiao Yongping
  35. Reaction and Innovation: Development of the Conflicts Law in Electronic Commerce in the United States and the European Union, 5 Chinese Yearbook of Private International Law and Comparative Law (2002).
  36. Jurisdiction of International Taxation of E-commerce, 4 Science Technology and Law (2000).
  37. An Analysis of the Hague Convention on Jurisdiction and Foreign Judgments in Civil and Commercial Matters (Draft), 4 Chinese Yearbook of Private International Law and Comparative Law (2001).
  38. Forum Non Conveniens in China, 53 Wuhan University Journal (Social Sciences) (2000).
  39. DRB Procedure of Dispute Settlement in International Contracting, 11 Economy and Law (2000).

D. Articles in Chinese Newspaper

  1. Classics Should Follow the Times, Chinese Social Sciences Today, September 22, 2009.
  2. Amusing News on the Border between Law and Morality, Southern Weekly, March 2, 2006.
  3. Validity of the Arbitration Clause in B2C Electronic Contracts, People’s Court Daily, December 15, 2004.
  4. Reviews on the Convention on the Use of Electronic Communications in International Contracts, People’s Court Daily, December 5, 2005.
  5. Judgment of Parties’ Consensus in the Conclusion of Sale Contracts, People’s Court Daily, September 15, 2003.
  6. Critical Thinking Regarding Legal Education, Theory Weekly of Guang Ming Daily, July 8, 2003.
  7. Threshold of Judicial Examination in China, People’s Court Daily, January 5, 2003.
  8. Comments on A Judgment without Legal Basis, People’s Court Daily, January 27, 2003.

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