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Taiwan - Baker & McKenzie International Arbitration Yearbook: 2011-2012

Author(s): 
Tiffany Huang
Amber Hsu
Page Count: 
20 pages
Media Description: 
PDF from "The Baker & McKenzie International Arbitration Yearbook: 2011-2012"
Published: 
March, 2012
Jurisdictions: 
Taiwan
Practice Areas: 
Capacity and Qualifications of Arbitrators,
Ad hoc,
International and Transnational Law,
Time Limit for Rendering Award,
Appeal to Arbitral Tribunal and Annulment,
Requirement of Written Form,
CIETAC
Author Detail: 

Tiffany Huang is the responsible Partner of the Insurance Group and Energy & Environment & Infrastructure group of the Taipei office.

Amber Hsu is a Senior Associate of the Construction group of the Taipei office

 

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Description: 

Originally from Baker & McKenzie International Arbitration Yearbook: 2011-2012

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TAIWAN
Tiffany Huang and Amber Hsu

A. LEGISLATION, TRENDS AND TENDENCIES
 

A.1 Overview

The Commercial Arbitration Act of Taiwan was promulgated on 20 January 1961, amended on 11 June 1982 and 26 December 1986, and subsequently renamed as the Arbitration Law on 24 June 1998. Thereafter, the Arbitration Law was further amended on 10 July 2002 and 30 December  2009. The Arbitration Law, which contains eight chapters (namely, Arbitration Agreement,  Constitution of Arbitral Tribunal, Arbitral Proceedings, Enforcement of Arbitral Awards, Revocation  of Arbitral Awards, Settlement and Mediation, Foreign Awards, and Additional Provisions), embodies  the fundamental principles of international arbitration. Pursuant to Article 1 of the Arbitration Law, arbitrable matters are not limited to commercial disputes and parties may enter into an arbitration agreement to arbitrate any disputes that may be resolved by settlement.

There are existing laws that provide for compulsory arbitration mechanisms, under which a party may 
refer a dispute to arbitration even if it has not entered into an arbitration agreement with the 
counterparty. For example, Article 166(1) of the Securities and Exchange Act provides that any disputes arising

Table of Contents: 

TAIWAN
Tiffany Huang and Amber Hsu
 

A. Legislation, Trends and Tendencies 
A.1 Overview
A.2 Arbitration Associations
A.3 Recent Developments across the Taiwan Strait
B. Cases
B.1 Definition of a Valid and Effective Arbitration Agreement
B.2 Ad hoc Arbitration
B.3 Appointment of Arbitrators by the Court or Arbitration Association
B.4 Challenge and Withdrawal of Arbitrators
B.5 Notification of an Intervention in the Arbitration
B.6 Time Limit for Rendering Arbitral Awards
B.7 Enforceability of the Arbitral Awards
B.8 Revocation of Arbitral Awards
B.9 Enforcement of Foreign Arbitral Awards
C. Public Policy in International Arbitration
C.1 Scenarios of Reliance on Public Policy
C.2 Modes and Limitations of Reliance on Public Policy
C.3 Rules that Constitute "Public Policy"
C.4 Review of Alleged Breaches of Public Policy