Overview
Cecilia has a spectrum of Commercial and Chancery practice in both dispute resolution and advice with an emphasis on Company Law & Insolvency, Commercial Law (contract, sale of goods, e-commerce, sports law), Fraud and Economic Crimes, Financial Services and Banking Law, Insurance/Re-Insurance, and International Law (international trade, international banking, FDI and investment treaty). She also acts as Counsel in arbitrations and accepts appointments as Arbitrator.
Many of Cecilia’s caseloads have international aspect and relate to foreign jurisdictions such as China, the Caribbean, Isle of Man, Europe, Africa and New York. In dispute resolution, she has extensive experience in litigation, arbitration and ADR, including litigation at all stages in the County Courts, High Court, Court of Appeal and Senior Courts Costs Office. Clients comment highly on her being “always on top of the proceedings“. In advisory work, she is regarded by clients as being “very thorough and diligent”; she also acts as Counsel for buyers/investors or sellers in M&A transactions.
Cecilia brings unique contribution to clients’ legal matters in particular in regard to China and the Asia-Pacific region, thanks to her extensive knowledge and connection with this region and her Chinese Mandarin language and cultural skills. She regularly speaks at international conferences, gives seminars to international lawyers, arbitrators and judges and writes on English legal topics. Before joining the independent Bar of England and Wales, Cecilia had served at London City law firms for several years in London and Shanghai, predominantly in wide range of Commercial Litigation and Arbitration. Prior to her legal career, she had served in commerce and international development for over ten years in the UK and China.
Practice Areas
Cecilia has extensive experience in Commercial Disputes, including applications for interim remedies (such as freezing injunctions), enforcement of foreign judgments/awards in England and Wales and trials. She has acted in numerous Small Claims and Fast Track proceedings. Currently, she acts in multi-track claims regarding contractual disputes and investigations arising from alleged breach of professional code of conduct.
She advises on issues including agency, consumer law, sale of goods, unjust enrichment, fraud, misrepresentation, guarantee, covenants restricting trade, injunctions, Sports Law, and cross-border enforcement related matters, and acts for clients of a wide range of sectors such as import and export, arts, culture, fashion, media and entertainment, game design, e-commerce, technology and sports.
Cecilia specialises in all aspects of Company Law, including shareholders’ disputes, issues relating to directors (directors’ disqualification, directors’ service, directors’ duties, etc.), derivative claims, share capital, resolutions, merges & acquisitions, takeover, partnerships, and joint adventures. She also has increasing workloads in relation to investment-related matters and disputes. Her workloads in Corporate Insolvency and Personal Insolvency (Bankruptcy) are also expanding. Her recent experience include:
- Regularly advises on capital investment, share purchase, asset sale, merges and acquisitions (M&A) and joint ventures (JV) as well as drafting a wide range of agreements including shareholders agreement, share purchase agreement, deed of variation, loan facility agreement, JV agreement, and acts for the relevant parties;
- Regularly advises on shareholders’ dispute, directors’ duties and services, and the conduct of the board, and acts for the relevant parties;
- Currently acting for a client in a multi-track claim arising from an alleged partnership dispute;
- Currently acting for a client in respect of minority shareholder’s rights;
- Successfully acted for clients and its owners in asset recovery and unjust enrichment proceedings;
- Successfully represented clients in summary judgment proceedings and corporate insolvency and personal insolvency (bankruptcy) proceedings;
- Successfully defended clients in statutory demand proceedings.
Cecilia practises in private and public International Law.
Her practice has developed particularly in the areas of sovereign lending, investment related matters including Foreign Direct Investment (FDI), investor protection and investment treaty, international trade, international banking, international sale of goods and other cross-border transactions, and conflict of laws.
She acts as counsel in disputes arising from international sale of goods (including GAFTA standard contracts) and international banking, and advises clients on these areas. She has recently assisted clients in enforcing overseas arbitral award and obtaining freezing injunction in support of the enforcement in England.
Cecilia acts as Counsel in arbitrations and mediations. She also assists clients in raising challenge to arbitrator’s appointment due to alleged lack of independence and impartiality.
She also accepts appointments as Arbitrator. She is listed as Arbitrator in a number of renowned international arbitration institutions including ICC International Court of Arbitration, London Court of International Arbitration and Chartered Institute of Arbitrators (FCIArb).
She has recently been appointed by LCIA as Sole Arbitrator to arbitrate matters on disputes over financial services and loan agreements.
In additional to the traditional practice in Banking and Finance, Cecilia has recently advised on financial market regulations relating to technology industry including blockchain, cryptocurrency and digital economy. She has also recently advised a foreign commercial bank on performance bond in support of oil production projects in the Middle East.
She is currently advising clients on disputes arising from issues relating to commodities trading and letter of credit under UCP 600 (the Uniform Customs and Practice for Documentary Credits, 2007 Revision, ICC Publication no. 600 (“UCP 600”).
Cecilia acts for clients on Insurance and Re-Insurance Law related disputes.
She also provides advice on matters in these and related regulatory areas. Her recent work includes advising on regulations of the Financial Conduct Authority (FCA) and the Prudential Regulatory Authority (PRA of the Bank of England) on insurance activities in the UK, such as on Solvency II, non admitted business, and captive insurance. She has recently advised a number of the world largest insurance brokers on related activities.
Additional Information
- Challenge Jurisdiction of GAFTA Arbitral Tribunal under s.67 of the Arbitration Act 1996
- Retail industry financial restructuring during the Covid19 pandemic
- Invoking Force Majeure on the Outbreak of Coronavirus – Will the English Court Recognise the Approach of the Chinese court?
- Insight of Arbitration – Interview with CIArb
- What to Consider When Terminating a Contract under English Law?
- Complaint of Damage to Baggage Made to Air Carrier – Interpretation of Art.31 of Montreal Convention 1999
- Amendment to Correct Mistake as to Party Name after Limitation Period Expired
- Get a Non-Party to Disclose Information? (1 of 3)
- Get a Non-Party to Disclose Information? (2 of 3)
- Get a Non-Party to Disclose Information? (3 of 3)
- Implications of an Option Agreement
- How Important Is It to Stipulate Choice of Seat in International Arbitration Agreement?
- Does Your Overseas Client Have Essential Tools to Expand Business to the UK?
- “Challenge Jurisdiction of GAFTA Arbitral Tribunal under s.67 of the Arbitration Act 1996”
(April 2021, Lexology) - “Retail industry financial restructuring during the Covid19 pandemic (Re New Look Financing PLC)”
(October 2020, LexisPLS) - “Invoking Force Majeure on the Outbreak of Coronavirus – Will the English Court Recognise the Approach of the Chinese court?”
(March 2020, Butterworths Journal of International Banking & Financial Law (JIBFL)) - “Insight of Arbitration – Interview with CIArb”
(July 2019, CIArb) - “What to Consider When Terminating a Contract under English Law?”
(March 2019, Lexology) - “Complaint of Damage to Baggage Made to Air Carrier – Interpretation of Art.31 of Montreal Convention 1999”
(April 2018, LexisPSL [Aviation]) - “Amendment to Correct Mistake as to Party Name after Limitation Period Expired”
(April 2018, LexisPSL) - “Get a Non-Party to Disclose Information? (3 of 3)”
(October 2017 Lexology) - “Get a Non-Party to Disclose Information? (2 of 3)”
(July 2017, Lexology) - “Get a Non-Party to Disclose Information? (1 of 3)”
(February 2017, Lexology) - “Implications of an Option Agreement”
(February 2017, LexisPSL) - “How Important Is It to Stipulate Choice of Seat in International Arbitration Agreement?”
(October 2016, Lexology) - “Does Your Overseas Client Have Essential Tools to Expand Business to the UK?”
(August 2016, Lexology)
- Commenting on ICC Model Contracts－Employment Contract － ICC SME LAB SERIES: Legal Essentials for Start-Ups - Lab #2 Organising Your Company
- A legal contractual perspective on international trade and foreign investment
- The English Legal Profession & Cross Examination
- Belt & Road Services Capacity Construction Forum II
- ICC Annual Arbitration and ADR Conference
- 37th International Symposium on Economic Crime
- Digitalisation in the UK Legal Practice and Litigation
- Features and Advantages of Litigation and Arbitration under English Law
- China Legal Exchange Centre International Legal Service Training Course: “Dispute Resolution Under English Law”
- International Arbitration under English Law and Enforcing Arbitration Awards in the English Courts
- Contractual Provisions: Justification of Terminating a Contract in English Law
- Practical Considerations and Case Studies in English Law When Cross Border Transactions Go Wrong – Litigate or Arbitrate?
- Practical Considerations of China’s Outward Investment in the UK within the Contexts of Belt and Road and Brexit
- China Outbound Investment and Commercial Dispute Resolution in the UK
- Recent Development and Case Law on Cross-Border Transactions under the Anti-Bribery and Anti-Trust Regulations with Focus on the China market
- Recent Legal and Legislative Development of China and Understanding Rule of Law within China’s Cultural Heritage and the International Climate
- Case Analysis – Multi Million Pound Share Acquisition in the UK & Subsequent Claims in England
- Practical Considerations When Investing in the UK
- Investing in the UK – Risks and Benefits Facing China’s Outbound Investment from an English Legal Perspective
- Practicalities in litigation, arbitration and ADR when resolving disputes between parties
- Insight of multi-jurisdictional collaborations when working with international professionals
- International Chamber of Commerce (ICC) International Court of Arbitration – Arbitrator
- The London Court of International Arbitration (LCIA) – Arbitrator
- Chartered Institute of Arbitrators (CIArb) – Arbitrator; Fellow (FCIArb)
- Chancery Bar Association – Member
- The Honourable Society of Lincoln’s Inn – Member
- Call: Lincoln’s Inn, 2012
- LLM (International Commercial Law): Nottingham, UK, 1998
- BA (Hons): Beijing, China, 1996
- China Law Ascertainment Centre for Belt and Road Services – Expert in English Law, 2019
- China Belt and Road International Commercial Mediation Centre – International Mediator, 2019
- University of Nottingham Asia Board – Member, 2017
- University of Nottingham Ningbo China Advisory Board – Member, 2017
Cecilia Xu Lindsey is an independent self-employed barrister registered with the Bar Standard Board of England (ref. no. 78778); whose practice is governed by the Code of Conduct of the Bar of England and Wales which code can be found at www.barstandardboard.org.uk; has full professional liability insurance provided by the Bar Mutual Indemnity Fund Limited (ref. BM 3526/005) (details of the world-wide cover are provided at www.barmutual.co.uk); is registered for VAT (reg. no. 249 2630 95); and can be contacted during chambers opening hours by telephone at 02074045055 or by e-mail at clerks@9stonebuildings.com.