Mr. Can EKEN 易知恩先生

Research Student

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Working toward a PhD in Laws, expected 2022

Email:

can.eken@link.cuhk.edu.hk

Mr. Can Eken is a PhD candidate at Faculty of Law of The Chinese University of Hong Kong (CUHK LAW). He is a dual-qualified attorney, a member of the State Bar of California and İstanbul Bar Association. Mr. Eken holds two LLM degrees, one from the London School of Economics and Political Science (LSE) and another from Dokuz Eylül University, where he also obtained his bachelor’s degree in law with a high honour degree. He practised law and worked as a research assistant in Turkey before commencing his PhD studies at CUHK LAW. He spent the 2019/20 academic year at Stanford University as a visiting researcher. He has successfully completed the Accelerated route to fellowship (International Arbitration) course by the CIARB and he is a member of the CIARB, Swiss Arbitration Association (ASA), the Canadian Institute for International Law Expertise (CIFILE), Young ICCA, ICC YAF, LCIA YIAG, and many other international forums. He has spoken in numerous conferences, lectures, and published articles on international arbitration, investment law, third-party funding, and online dispute resolution. As of January 2021, he joined the Executive Secretariat of the Asia Pacific FDI Network. In January 2021, he has also been featured by a major Turkish newspaper, Milliyet, as a successful young Turkish lawyer in Hong Kong.

 

THESIS TOPIC

Third Party Funding Reality in Investment Arbitration – All Procedural Challenges and Ethical Issues, co-supervised by Professors Bryan H. DRUZIN and Fernando DIAS SIMÕES.

RESEARCH INTERESTS AND AIMS
  • International Arbitration
  • Third-Party Funding
  • Alternative Dispute Settlement Methods
  • Investment Law Regime
  • Transnational Law
  • Online Dispute Resolution

His doctoral research examines third-party funding in investment arbitration and potential conflicts it creates over the arbitration proceedings. The thesis provides a comprehensive review of the literature and case law in investment arbitration related to third-party funding. The goal of this thesis is to give answers to all procedural and ethical problems created by the emerging funding regime in investment arbitration and provide a suitable guideline for its users.

WORKING PAPERS AND PUBLICATIONS
  • Eken, Can. (2021). Analysis of Third-Party Funding within the Islamic Law Framework [Special issue on Islamic Finance and Dispute Resolution]. Transnational Dispute Management. https://www.transnational-dispute-management.com/about-author-a-z-profile.asp?key=3550.
  • Eken, Can, Chaisse, Julien. “The Monetization of Investment Claims: Promises and Pitfalls of Third-Party Funding” Delaware Journal of Corporate Law, Volume 44(2), 2020, 113-166.
  • Eken, Can. “A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore ” (Forthcoming: Asia Pacific Law Review, Vol. 29(1)).
  • Eken, Can. “Applicable Law to Merits in International Arbitration and its Relation with Mandatory Rules and Public Policy”, Young Arbitration Review, Edition 28, January 2018, pp. 52-65.
  • Eken, Can, Bergolla Luis. A Socio-Legal Inquiry into Decentralized Justice & Blockchain-Based Arbitration, Inaugural Post, Investment & Commercial Arbitration Review, July 2020. https://www.investmentandcommercialarbitrationreview.com/post/a-socio-legal-inquiry-into-decentralized-justiceblockchain-based-arbitration
  • Eken, C . “China’s International Investment Strategy: Bilateral, Regional, and Global Law and Policy” Public and Private International Law Bulletin 39, 2019: 713-720 <https://dergipark.org.tr/en/pub/ppil/issue/47850/654479>.
  • Eken, Can, Yuksel Cuneyt. Book Review, Reviewed Book: Martinez-Fraga, P. (2020). The American Influence on International Commercial Arbitration: Doctrinal Developments and Discovery Methods (2nd ed.). Cambridge: Cambridge University Press. doi:10.1017/9781316585009 (Forthcoming: Accepted for publication by Public and Private International Law Bulletin).
  • Eken, Can. “(In Turkish) Third-Party Funding in International Arbitration and its Position in Turkish Law” (Submitted to the Public and Private International Law Bulletin).
  • Eken, Can, Bergolla, Luis and Seif Karen. Kleros: A Socio-Legal Case-Study of Decentralized Justice & Blockchain-Based Arbitration (In progress).
  • Eken, Can. Translation from English to Turkish: “Jan Kleinheisterkamp, ‘Chapter 27: Critically Thinking: International Arbitration in Context’,” Istanbul Bar Association Journal, Volume 92, Issue 5, 2018, pp. 263-272.
  • Eken, Can. Translation from English to Turkish: “Applicable United Nations Convention on the Carriage of Goods by Sea (Hamburg Rules)”, Istanbul Bar Association Journal, Volume 88, Issue 2014/1, pp. 314-340.
PAPERS DELIVERED
  • Third Party Funding in Investment Arbitration, Lecture (Webinar), Hosted by The ICFAI Law School, Hyderabad (January 9, 2021).
  • A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore, PEPA SIEL 2020, 17-19 May, Hebrew University of Jerusalem (Virtual).
  •  A Detailed Comparison of Third-Party Funding Regulations in Hong Kong and Singapore, The 16th Asian Law Institute (ASLI) Annual Conference, Faculty of Law, National University of Singapore, 11-12 June 2019.
  • What future for International Arbitration Claims Financing? Exploring Third-Party Funding Regulation, 8th Conference of the Postgraduate and Early Professionals/Academics Network of the Society of International Economic Law (PEPA/SIEL). King’s College London, 30-31 May 2019.
  • Third-Party Funding and its Implications on China’s Belt & Road Initiative, 2019 CIBEL Global Network Conference and Young Scholars Workshop, Herbert Smith Freehills China International Business and Economic Law (CIBEL) Centre, Faculty of Law, UNSW Sydney, 1-2 May 2019.
  • Concerns over the Costs and Transparency in Investment Law Regime, and the Role of Third-Party Funding and UNCITRAL, UNCITRAL-UM Joint Conference, Macau, December 2018.
  • Comparison of Legal Education in the UK and Turkey, Legal Conversations with Law Students, Dokuz Eylül University in İzmir, Turkey in March 2018.
EDUCATION AND AWARDS
  • Max Planck Luxembourg Scholarship 2021 for a research stay at the Max Planck Institute Luxembourg, for a period of 2 months, from 01 July 2021 to 31 August 2021.
  • Contributor, Investment Claims (IC) Oxford University Press, since December 2020.
  • Visiting Student Researcher, Stanford Law School, 2019/20.
  • Attorney and Counselor at Law, The State Bar of California (June 2020).
  • Rapporteur, Oxford International Organizations (OXIO), 2019.
  • Finalist of the CIBEL Global Network PhD Scholar Prize, UNSW Faculty of Law, 2019.
  • Arbitrator, 3rd AIAC-ICC Pre-moot, 16th Vis East Moot, 2019.
  • Institute of European Studies Pearl River Delta Academy of International Trade and Investment Law (PRAIA) Academy Programme Scholarship in Macau, 2018.
  • Master’s Degree in Private Law, Dokuz Eylül University, Tukey, 2018.
  • Master of Laws, London School of Economics and Political Science, United Kingdom, 2017.
  • Certificate of Attendance, YIAG Tylney Hall Symposium – 15 September 2017.
  • Certificate of Participation, from the London School of Economics and Political Science, participated in UNCTAD’s International Investment Agreements University Mapping Project 2016, from September to December 2016.
  • Attorney-at-Law admitted to practice law in Turkey since November 2014.
  • Union of Turkish Bar Associations Moot Court Competition for Legal Interns. Gold Medal in the Regional Tournament & Bronze Medal in the National Tournament, 2014.
  • Winter School on International Law, Hosted by The Ministry of Foreign Affairs (Turkey), 2014.
  • Brand and Patent Representative in Turkey (Passed Both Examinations in 2013).
  • Bachelor of Laws, Dokuz Eylül University, Turkey, 2013.