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Dr. Poomintr SOOKSRIPAISARNKIT (陳博文)

LLB (Thammasat), LL.M. (International Commercial Law) (Leicester), PhD (Leicester)
MCIArb
LMAA Supporting Member
CEDR Accredited Mediator
General Panel Mediator, HKMAAL
AFNI

Assistant Professor

Associate Director, The Hong Kong Centre for Maritime and Transportation Law

Contact Information

Office: P5528 AC1
Phone: 34427384
Fax: 34420190
Email: psooksri@cityu.edu.hk

Research Interests

  • Insurance Law (Marine and Non-Marine)
  • Maritime and Admiralty Law
  • Carriage of Goods by Sea
  • International Sale of Goods Carried by Sea
  • Commercial conflict of laws (Private International Law)
  • International Arbitration (relationship with private international law)

Subjects Taught

  • Admiralty Law
  • Maritime Insurance Law
  • Insurance Law
  • Private International Law
Dr. SOOKSRIPAISARNKIT obtained his LLB degree from Thammasat University in Thailand, where he first found his interests in Maritime Law and Private International Law (Conflict of Laws) subjects. He obtained his LLM in International Commercial Law from the University of Leicester where he had opportunities to develop deeper understanding of Maritime Law, especially aspects of marine insurance law and carriage of goods by sea. He obtained his PhD from the same university. His PhD thesis was in the field of marine insurance law. Experiences from researching for his PhD enable him to work across two significant fields of law - Maritime Law and Insurance Law. His interests in private international law enable him to extend his interests into certain related areas, including admiralty procedure, international sales of goods, and aspects of international arbitration. He is an Accredited Mediator by both the Centre for Effective Dispute Resolution (CEDR) and the Hong Kong Mediation Accreditation Association Limited (HKMAAL). He is the Member of the Chartered Institute of Arbitrators (CIArb) and the London Court of International Arbitration (LCIA). He is also an arbitrator of the Hong Kong Maritime Arbitration Group (HKMAG). He is the Associate Fellow of The Nautical Institute. He is on the Executive Committee Member of the Hong Kong Maritime Law Association (HKMLA) and the Hong Kong Insurance Law Association Limited (HILA).


Award and Achievement

  • 2006 “The Dragon 100 Young Chinese Leaders Forum” The Dragon Foundation. I was nominated by the University of Leicester and was selected to be among 100 Chinese-ethnic persons from all over the world to take part in the programme organised by the Dragon Foundation based in Hong Kong. The programme included activities in Hong Kong and in Xi’An City in Shanxi Province, China.


Previous Experience

  • 14 Jan 2008 - 19 Jun 2010, Head of Legal & Insurance Section, Univan Ship Management Limited. Procuring in-house legal assistance in drafting and preparing joint venture agreements, documentations for sale and purchase of marine vessels, time/voyage charter parties, vessel’s technical management agreements, as well as liaising with hull & machinery underwriters, and protection & indemnity (P & I) clubs in handling cargo and crew claims.


Research Grant

  • Insurance Law in Hong Kong - Adequate Protection for Consumers? - Critical Evaluation and Suggestions for Reform, Strategic Research Grant, City University of Hong Kong, Amount: HKD $85,900, 1 Oct 2014 - 30 Sep 2015, Poomintr Sooksripaisarnkit (PI).
  • Striking a Right Balance? A Prospect of 'Rotterdam Rules' in Hong Kong, Strategic Research Grant, City University of Hong Kong, Amount: HKD $100,000, 1 Oct 2013 - 30 Sep 2014, SOOKSRIPAISARNKIT Poomintr.
  • The Rotterdam Rules: How Should Hong Kong Deal With It?, CityU Start-Up Grant for New Staff, City University of Hong Kong, Amount: HKD $66,905, 2 Jan 2011 - 30 Dec 2012, SOOKSRIPAISARNKIT Poomintr.


Publication Show All Publications Show Prominent Publications


Journal

  • Sooksripaisarnkit, Poomintr. (in press). Recent Admiralty Decisions in Hong Kong - Are The Courts Ready to Deviate From Their English Predecessors?. Australia and New Zealand Maritime Law Journal. 30/1.
  • Sooksripaisarnkit, Poomintr. (2016). Question of Recognition of Foreign Maritime Lien Has Troubled The Court Again. Journal of International Maritime Law. 22. 19 - 22.
  • Sooksripaisarnkit, Poomintr. (2015). Ship Arrest in Hong Kong despite an arbitration award?. Journal of International Maritime Law. 21/1. 94 - 96.
  • Sooksripaisarnkit, Poomintr. (Nov 2014). Common Law Approaches to Foreign Maritime Liens - What Should Ship-Owners Beware? - With Some Observations on the Draft International Convention of Foreign Judicial of Ships and Their Recognition. Logistics and Law. 6. 73 - 104.
  • Sooksripaisarnkit, Poomintr. (Jun 2014). Enhancing of Carriers’ Liabilities in the Rotterdam Rules – Too Expensive Costs for Navigational Safety?. TransNav International Journal on Marine Navigation and Safety at Sea Transportation. 8. 309 - 315. doi:10.12716/1001.08.02.17
  • Sooksripaisarnkit, Poomintr. (2014). A common law position for a choice of law in internet defamation - the case for Hong Kong. Journal of International Commercial Law and Technology. 9/3. 129 - 137.
  • Sooksripaisarnkit, Poomintr. (2014). At the juncture between disclosure and warranty in marine insurance law: A recent case from Hong Kong. The Asian Business Lawyer. 13. 195 - 203.
  • Sooksripaisarnkit, Poomintr. & Lee, Daryl Y.H. (2014). Identifying Choice of Law in Maritime Torts - Yet Still a Challenge for Courts in Hong Kong. University of San Francisco Maritime Law Journal. 26/2. 185 - 267.
  • Sooksripaisarnkit, Poomintr. (2013). Fraudulent Claims Yet Again - Summers v Fairclough Homes Ltd. [2012] UKSC 26. Frontiers of Legal Research. doi: 10.3968/j.flr.1929663020130101.205.
  • Sooksripaisarnkit, Poomintr. (2013). The Maritime Labour Convention 2006 - Time for International Community to Take Interests of Seafarers' Welfare. Journal of Civil and Legal Sciences. doi:10.4172/2169-0170.1000102.
  • Sooksripaisarnkit, Poomintr. (2012). A common law’s ability to solve insurance issues: a pessimistic voice!. The Hong Kong Lawyer. February 2012. 36 .
  • Sooksripaisarnkit, Poomintr. (2012). Harmonisation of Private International Law – Is It Possible At All?. Journal of Civil and Legal Sciences. doi: 10.4172/2169-0170.1000e103.
  • Sooksripaisarnkit, Poomintr. (2012). Review of Veronica Ruiz Abou-Nigm, The Arrest of Ships in Private International Law. Journal of International Maritime Law. 18. 172 .
  • Sooksripaisarnkit, Poomintr. & Lee, Daryl YH. (2012). Straight Bill of Lading: Past, Present, and Future. Journal of International Maritime Law. 18. 39 .
  • Sooksripaisarnkit, Poomintr. (2011). Insurance Contract Law – Should there be a reform in Hong Kong?. The Hong Kong Lawyer. November 2011. 26 .

Conference Paper

  • Sooksripaisarnkit, Poomintr. (May 2015). Revisiting common law solutions to foreign maritime liens. 19th Session of the International Congress of Maritime Arbitrators ICMA XIX. 2. (pp. 1297 - 1315). Hong Kong. Hong Kong: International Congress of Maritime Arbitrators and The Hong Kong Maritime Arbitration Group.

Book Chapter

  • (in press). The Hague Convention on Choice of Court Agreements - Should the European Union's footsteps be followed?. Private International Law - South Asian Traditions. Springer.
  • Sooksripaisarnkit, Poomintr. (Dec 2015). Jurisdiction and Applicable Law. Maritime Law and Practice in Hong Kong. (pp. 484 - 525). Sweet & Maxwell Asia.
  • Sooksripaisarnkit, Poomintr. (Dec 2015). Marine Insurance. Maritime Law and Practice in Hong Kong. (pp. 269 - 353). Sweet & Maxwell Asia.
  • Sooksripaisarnkit, Poomintr. (Dec 2015). Bills of Lading. Maritime Law and Practice in Hong Kong. (pp. 55 - 109). Sweet & Maxwell Asia.
  • Sooksripaisarnkit, Poomintr. (May 2015). Fraudulent Claims and Fraudulent Devices - Same Rules Fit All?. Current Issues in Hong Kong and International Maritime Law. (pp. 71 - 92). Hong Kong. Hong Kong Centre for Maritime and Transportation Law, City University of Hong Kong.
  • Sooksripaisarnkit, Poomintr. (2013). A common law position for a choice of law in internet defamation - the case for Hong Kong. Law & Practice: Critical Analysis and Legal Reasoning. (pp. 80 - 90). The International Association of IT Lawyers. 978-87-994854-3-7.
  • Sooksripaisarnkit, Poomintr. (2013). Enhancing of Carriers' Liabilities in the Rotterdam Rules - Too Expensive Costs for Navigational Safety?. Marine Navigation and Safety at Sea Transportation: Advances in Marine Navigation. (pp. 271 Leiden. CRC Press. 978-1-138-00106-0.
  • Sooksripaisarnkit, Poomintr. (2012). The Global Insurance Industry. Piracy in Comparative Perspective: Problems, strategies, law. (pp. 275 Paris and Oxford. Editions A Pedone and Hart Publishing Ltd. 978-1-84946-442-0.


External Services


Public Service

  • 2010 - Now, Volunteer Adjudicator , The Hong Kong Federation of Youths Group .Hong Kong.
  • 2008 - Now, Volunteer, The Dragon Foundation.Hong Kong.


Service in CityU


Administrative Assignment

  • 17 Oct 2013 - Now, LLMArbDR Programme, Deputy Admission Tutor.
  • 2012 - Now, Southeast Asia Research Centre, Board Member.

Teaching Service

  • Jan 2015 - Now, LLB, LW4615 Insurance Law.
  • Sep 2014 - Now, LLB, LW4613 Private International Law.
  • Jan 2014 - Now, LLM, LW6192E / LW6592E Maritime Law II.
  • Sep 2013 - Now, LLM, LW6191E / LW6591E Maritime Law 1: Admiralty Procedure.
  • Sep 2012 - Now, LLM, LW6173E / LW6573E Private International Law.
  • Jan 2012 - May 2013, LLM, LW6183E / LW6583E Maritime Claims and Practices in Admiralty.
  • Jan 2011 - Now, LLB, LW4666 Admiralty Law.
  • Jan 2011 - Now, LLM, LW6175E / LW6575E Maritime Insurance Law.
  • Sep 2010 - Dec 2010, LLM, LW6574E Maritime Law.

Conferences Attended

  • 14 Oct 2015 - 16 Oct 2015, Was "The Ocean Victory" [2015] EWCA Civ. 16 a disappointing judgment? - The 8th International Conference on Maritime Law, Dalian, PRC.
  • 11 May 2015 - 15 May 2015, Revisiting Common Law Solutions to Foreign Maritime Liens - The 19th International Congress of Maritime Arbitrators, Hong Kong.
  • 8 Nov 2014, Fraudulent Claims and Fraudulent Devices –Same Rules Fit All?, International Conference on the Hong Kong Maritime Law Forum.
  • 23 Oct 2014, Common law approaches to foreign maritime liens – what should ship-owners beware? – With some observations on the Draft International Convention of Foreign Judicial Sales of Ships and Their Recognitio, International Conference on the Law of Logistics, Inha Univ..
  • 17 Oct 2014 - 18 Oct 2014, The Rotterdam Rules – From The Perspective of the Hong Kong SAR as A Freight-Forwarding City, UNCITRAL-UM Asia Pacific Fall Conference, Macau.
  • 10 Mar 2014, The M/V Nancy [2013] EWHC 2116 (Comm) - Revisiting a breach of warranty and a warranty of legality, The Hong Kong Insurance Law Association Limited , Hong Kong.
  • 25 Oct 2013 - 26 Oct 2013, Marine Insurance Law in Hong Kong: English governing law clause, Direct actions, and Warranties, The 6th East Asia Maritime Law Forum, Korea University, Korea.
  • 19 Nov 2012, The Consumer Insurance (Disclosure and Representations) Act 2012 – Implications for Hong Kong? , The Hong Kong Insurance Law Association Limited, Hong Kong.
  • 20 Sep 2012, Proving ‘fraud’ in the context of marine insurance law – perspective of Hong Kong and other jurisdictions inherited the British legal tradition,BIT’s First Annual World Congress of Ocean – 2012 , China.
  • 19 Jun 2012, Identifying choice of law in the context of maritime torts – yet still a challenge for courts in Hong Kong, International Conference of the Association of Transport, Trade, and Service Studies , Hong Kong.


Mooting activities

  • Coach, The 16th International Maritime Law Arbitration Moot Competition
  • Coach, The 15th International Maritime Law Arbitration Moot Competition
  • Coach, The 14th International Maritime Law Arbitration Moot Competition
    (The Team reached up to the Semi-Final Round, the team ranked 4th in the General Round, the team came 3rd on the combined scores of the submitted written memoranda)
  • Assistant Coach, The 13th International Maritime Law Arbitration Moot Competition
    (The team reached up to the Quarter-Final round, it was the Highest Ranked Asian Team in the competition, and it was recognised for the Second Best Claimant Memorandum)
  • Assistant Coach, The 12th International Maritime Law Arbitration Moot Competition
    (The team reached the Quarter-Final round, it was recognised for its Second Best Respondent Memorandum)


Independent / Dissertation supervision experiences

  • Fraudulent Claims in Relation to the Duty of Good Faith in Insurance Law (LLB Independent Research)
  • An Exploratory Study: Performability of Using Arbitration in Resolving Shipbuilding Disputes for Chinese shipyards (LLMArbDR dissertation)
  • Ratification of the Rotterdam Rules in Hong Kong (JD Independent Research)
  • Employer's Liability Insurance in the context of Long-Tail Diseases: Unsatisfactory Results in Manifesting the Intent of the Legislative Framework by Interpretation of Policy Wordings (LLB Independent Research)
  • Analysis of problems relating to the determination of 'domicile' in the context of Private International Law (JD Independent Research)
  • Ethos of Utmost Good Faith and Reform (LLM Dissertation)
  • A Critical Analysis on the Doctrine of Forum Non Conveniens (LLM Independent Research)
  • Maritime Lien: The conflicting, confusing and continuing dispute - is Hong Kong to recognise foreign maritime lien? (JD dissertation)
  • Bailment in Shipping: Is a Bill of Lading compatible with the Doctrine of Attornment? (LLB Independent Research)


Work in Progress

  • I am also exploring the applicability of the doctrine of renvoi to the recognition and enforcement of foreign maritime liens.
  • I am working on a number of articles relating to recent insurance law reforms in the United Kingdom.
  • I have been invited to contribute a chapter to a book on private international law to be published by Springer. I am contributing a chapter relating to the Hague Convention on the Choice of Court Agreements.


Membership of Professional Bodies

  • 2011-Present: Journal Editor and Research Officer, The Hong Kong Insurance Law Association Limited (HILA)

  • 16 October 2013-Present: Executive Committee Member, The Hong Kong Maritime Law Association (HKMLA)
  • 25 February 2014 - Present: Associate Fellow, The Nautical Institute
  • 17 December 2014 to present: Member of the London Court of International Arbitration
  • March 2009 to present: Member, The Marine Insurance Club of Hong Kong
  • 6 December 2014 - Present: Member, The British Insurance Law Association


Last update date : 08 Jan 2016