Overview
Cecilia has a wide 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, 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, Continental Europe, Africa and New York. In dispute resolution, she has extensive experience in litigation and ADR including conducting 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 both buyers and sellers in M&A transactions.
Cecilia brings unique contribution in to clients’ legal matters in particular in regard to China and the Asia-Pacific region, thanks to her extensive connection with this region and her Chinese Mandarin language and cultural skills. She also regularly speaks at international conferences, gives seminars to international lawyers, and writes articles 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 and qualified as Solicitor Advocate practising predominantly in wide range of Commercial Litigation. 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, applications for interim remedies and trials. She has acted in numerous small and fast track claims. Currently, she acts in multi-track claims regarding contractual disputes and investigations arising from alleged breach of professional code of conduct.
She advises and acts for a wide range of clients in industries (such as import and export, arts, culture, fashion, media and entertainment, game design, e-commerce, technology and sports) 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.
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 sale of goods and other cross-border transactions, and conflict of laws.
Cecilia acts as Counsel in arbitrations and mediations.
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).
In additional to the traditional practice in Banking and Finance, Cecilia has recently advised on financial regulations relating to technology industry including blockchain, cryptocurrency and digital economy.
Cecilia acts for clients on Insurance and Re-Insurance Law related disputes.
She also provides advice on these areas. She has recently provided the Prudential Regulatory Authority (PRA) at the Bank of England with an Opinion on an offshore-based company’s proposed insurance activities in the UK within the regime of Solvency II, which assisted the company in successfully obtaining regulatory approval for it to operate in the UK.
Additional Information
- “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)
- 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
- University of Nottingham Asia Board – Member, 2017
- University of Nottingham Ningbo China Advisory Board – Member, 2017
- International Federation of Women Lawyers (FIDA UK) – Secretary General, 2016
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.
In addition to the Terms and Conditions specified on the chambers’ website, optional clauses 7(b) and 7(c) shall apply with the insertion of a figure of one million pounds (£1m).