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LIU, Qiao
Professor LIU Qiao
Background
DPhil (Oxford)
MPhil (Oxford)
MJur (Oxford)
LLM (Xiamen)
LLB (SUFE)
Attorney and Counsellor (China)
Certified Public Accountant (China)
Position Tag
Professor
Position (Other)
Joint Editor-in-Chief, The Chinese Journal of Comparative Law (Oxford University Press)

Contact Information

Office
Li Dak Sum Yip Yio Chin Academic Building – 6202
Telephone
(852) 3442 7366
Email
qliu5@cityu.edu.hk

Research Interests

Research Interests
  • English/Australian Private Law (particularly Contract)
  • Chinese Civil/Private law
  • English and Chinese Commercial/Business Law
  • Comparative Law
  • International Commercial Law
  • International Economic Law
  • Chinese Legal System
Body

Dr LIU Qiao is Professor at CityU School of Law. His previous posts include Associate Professor at the TC Beirne School of Law, University of Queensland (Australia); Lee Ka Shing Visiting Professor at McGill University Faculty of Law; and specially appointed Tengfei Adjunct Professor at Xi’an Jiaotong University School of Law (China). Professor Liu is Honorary Professor at the TC Beirne School of Law, University of Queensland (Australia) and holds a Visiting Professorship at Xiamen University School of Law (China).

Professor Liu teaches in and researches a wide range of business-related common law and Chinese law topics including contract, commercial law, unjust enrichment, international commercial law (sale of goods, transfer of funds etc) and financial transactions, with a particular interest in comparative study of Chinese and Anglo-Australian private law. He has published widely in the above areas, including over 50 books and articles. His articles have appeared in leading journals including the Modern Law Review, American Journal of Comparative Law and the Cambridge Law Journal. His book entitled “Anticipatory Breach” (Hart Publishing Oxford 2011) is regarded by epic common law courts and top scholars as a leading monograph on an important topic of English contract law. He also co-authored a contract textbook with Professor Ewan McKendrick of the University of Oxford (Contract Law Australian Edition, Palgrave Macmillan 2015) and translated Peter Birks’ seminal book “Unjust Enrichment” (2nd edn OUP 2005) into Chinese (Tsinghua University Press 2012). Professor Liu’s works have been cited by epic common law courts including the Singapore Court of Appeal and the New Zealand Court of Appeal as well as by the English High Court and the House of Lords.

Professor Liu has been Founding Deputy Editor-in-Chief for the Chinese Journal of Comparative Law (OUP) since 2013 and has served as its Editor-in-Chief since late 2017. He is presently Joint Editor-in-Chief of the Journal. He is also Foreign-related Commercial and Maritime Adjudication Expert at the Supreme People’s Court in Beijing and a United Nations Commission on International Trade Law expert for updating the UNCITRAL Digest of Case Law on the CISG. Professor Liu has won highly prestigious and fiercely competitive grants in Australia, China and elsewhere, including the Australian Research Council Discovery Early Career Researcher Award fellowship (as the only awardee in the discipline of law) in 2015 and the Chinese State Social Science Fund Project in 2011. He has served as expert witness in both Australia and Greater China in a number of international commercial cases.

Honours and Awards

  • 2018 An Zi Jie Prize (the most prestigious International Trade Academic Prize in China) for Excellent Article (安子介优秀论文奖)
  • 2015 ARC Discovery Early Career Researcher Award (DECRA) (ID: DE150100425)
  • 2014 University of Queensland Foundation Research Excellence Award (Ref: 2014000536)
  • 2013 Chinese Government Ministry of Education “New Century Talents” Award (教育部新世纪优秀人才)

Editorial Membership

  • Joint Editor-in-Chief, The Chinese Journal of Comparative Law (Oxford University Press), present
  • Editor-in-Chief, The Chinese Journal of Comparative Law (Oxford University Press), 20172019
  • Founding Deputy Editor-in-Chief, The Chinese Journal of Comparative Law (Oxford University Press), 20132017
  • Associate Editor, Oxford University Commonwealth Law Journal, 20022003

Selected Publications

Books

  • Anticipatory Breach (Hart Publishing, Oxford, Jan 2011) 242pp Hbk, ISBN 9781849461122, foreword by Gummow J of the High Court of Australia
  • Contract Law (with Ewan McKendrick, Palgrave Macmillan, 2015), 510pp ISBN 9781137502612.
  • Unjust Enrichment (in Chinese) (Tsinghua University Press, Beijing, 2012),353pp ISBN 9787302290131.
  • Silk Road Studies on International Economic Law, Volume 2: China and International Commercial Dispute Resolution (Brill/Martinus Nijhoff Publishers 2015, with W Shan and X Ren).
  • A Comparative Study of English and Chinese Contract Law in Judicial Application (中英合同法律适用比较初论,法律出版社Law Press, Beijing 2016, in Chinese).

Peer-Reviewed Articles and Commentaries

  • COVID-19 in Civil or Commercial Disputes: First Responses from Chinese Courts, The Chinese Journal of Comparative Law, Volume 8, Issue 2, September 2020, Pages 485–501
  • Unintended Acceptance of Repudiatory Breach and Loss of Bargain Damages (2020) 37 Journal of Contract Law (forthcoming)
  • The Chinese Guiding Case System through the Lens of a CISG Case (2021) HKLJ (forthcoming)
  • Agreed Damages, the Penalty Rule and Unfair Terms: An Anglo-Australian and Chinese Comparison (with Roger Halson) (2019) 7(1) Chinese Journal of Comparative Law 49-94
  • Chinese ‘Case Law’ in Comparative Law Studies: Illusions and Complexities (2019) 14(S1) Asian Journal of Comparative Law 97-117
  • CISG in Chinese Courts: The Issue of Applicability (2018) 65(4) American Journal of Comparative Law 873-918 (with Xiang Ren) (A* Journal).
  • Rethinking Election: A General Theory (2013) 35 Sydney Law Review 599-625 (A* Journal).
  • The Use and Misuse of Equitable Election (2013) 36(3) University of New South Wales Law Journal 1053-1074 (A* Journal).
  • Transfer of Funds in China-US BIT Negotiations: Comparing the Articles of Agreement of the IMF (2012) Journal of International Trade Law & Policy, Vol 11, Issue 1, pp 6-26 (with X Ren).
  • Legislating General Principles of Commercial Law in China (with X Ren, Z Zhang) in (2013) 6 No 2 International Journal of Private Law 206.
  • Unjust Enrichment: Expansion from a Core Case (2012) 51 Civil and Commercial Law Review 281-298 (in Chinese, “不当得利——一则核心案例的延展”,载于《民商法论丛》2012年第51期,第281—298页).
  • The White & Carter Principle: A Restatement (2011) 74(2) Modern Law Review 171-194 (A* Journal).
  • The Puzzle of Unintended Acceptance of Repudiation [2011] Lloyd’s Maritime & Commercial Law Quarterly (LMCLQ) 4-11 (A* Journal).
  • The Pitfall of Subjective Renunciation [2010] LMCLQ 359-364 (A* Journal).
  • The Test of Fundamentality in Anticipatory Breach Cases (2008) 46 Canadian Business Law Journal 443-449 (A Journal).
  • Inferring Future Breach: Towards a Unifying Test of Anticipatory Breach of Contract [2007] 56 Cambridge Law Journal 574-604 (A* Journal).
  • Accepted Anticipatory Breach: Duty of Mitigation and Damages Assessment [2006] LMCLQ 17-22 (A* Journal).
  • The Date for Assessing Damages for Loss of Prospective Performance under Contract [2007] LMCLQ 273-278 (A* Journal).
  • The Chinese Property Rights Law: Old Wine in a New Bottle? [2007] LawAsia Journal 163-185.
  • Claiming Damages upon an Anticipatory Breach: Why Should an Acceptance Be Necessary? (2005) 25 Legal Studies 559-577 (A* Journal).

Book Chapters

  • ‘Public Policy and Private International Law: Chinese Law and Practice’ (with Grace Yu) in O Meyer (ed), Public Policy and Private International Law (EE 2020) forthcoming.
  • ‘Anticipatory Breach’ (updating) in L DiMatteo, U Magnus, R Schulze & A Janssen (eds), Restating International Sales Law: Contracts, Principles & Practice (Beck, Hart and Nomos, 2020) forthcoming.
  • ‘Termination for Fundamental Breach’ in D Campbell & R Halson (eds), Research Handbook on Remedies in Private Law, EE Publishing 2019
  • ‘Remedies in International Instruments’ (with Ewan McKendrick & Xiang Ren) in D Campbell & R Halson (eds), Research Handbook on Remedies in Private Law, EE Publishing 2019
  • ‘Investor Arbitration in China: A Comparative Perspective’ (with Leon Trakman & Lei Chen) in L Chen & A Jassen (eds), Dispute Resolution in Asia and Beyond: Progress and Trends, Springer 2019 (in press)
  • ‘Good Faith in Contract Performance in the Chinese and Common Laws’ (with Ewan McKendrick) in L DiMatteo & Lei Chen (eds), Chinese Contract Law: Civil and Common Law Perspectives, Cambridge University Press 2017 (ISBN: 9781107176324), Ch 4.
  • ‘Anticipatory Breach’ in L DiMatteo, U Magnus, R Schulze & A Janssen (eds), Restating International Sales Law: Contracts, Principles & Practice (Beck, Hart and Nomos, 2016) Ch 18.
  • ‘Balancing Public Interest with Transactional Security: The Validity of Contracts Tainted with Corruption in Chinese Law’ (with Xiang Ren) in MJ Bonell & O Meyer (eds), The Effects of Corruption on International Commercial Contracts (Springer International, 2015) Ch 3.
  • ‘CISG in Chinese Courts: The First Look’ (with Xiang Ren) in Q Liu et al (eds), Silk Road Collected Courses on International Economic Law, Volume 2: China and International Commercial Dispute Resolution (Brill/Martinus Nijhoff Publishers, 2015) Ch 10.