Taiwan - Baker and McKenzie International Arbitration Yearbook 2014-2015
Originally from Baker and McKenzie International Arbitration Yearbook 2014-2015
A. LEGISLATION, TRENDS AND TENDENCIES
International arbitration in Taiwan continues to be governed by the Arbitration Law of the Republic of China (ROC) (“Arbitration Law”), to which no legislative amendment was made in 2014.
A.2 Trends and Tendencies
Pursuant to the Cross-Strait Bilateral Investment Protection and Promotion Agreement between Taiwan and Mainland China, Taiwan appointed the Chinese Arbitration Association, Taipei (the “CAA”) as its cross-strait disputes settlement institution on October 1, 2013. Meanwhile, the Chinese government has designated two institutions, namely, the China International Economic and Trade Arbitration Commission (“CIETAC”) and the China Council for the Promotion of International Trade (“CCPIT”). The CAA, CIETAC and CCPIT provide mediation services for investors and host parties in relation to investment compensation disputes. Over the last 12 months in 2014, these institutions have handled dozens of cases.4 Please note that the cross-strait disputes settlement body provides only mediation services. There have been no specific new trends for arbitration in Taiwan over the past year.
B.1 Requirement to Provide the Parties with Opportunities to State Their Opinions
In a recent Supreme Court case,5 the court held that the arbitral tribunal has discretion over whether to hold an oral argument hearing if the parties have been provided with sufficient opportunities during the entire procedure.