Taiwan Arbitration Law FAQ
The following are frequently asked questions on the arbitration process in Taiwan. Generally, parties must contractually agree to use arbitration as a dispute resolution mechanism, so arbitration procedures will be set out in the agreement at issue. If the agreement provides that arbitration is to take place in Taiwan, but does not specify a certain matter, then the Rules of the Arbitration of the Republic of China (the “Arbitration Law”) will apply.
This information is for reference only, and nothing herein is to be construed as providing advice to you in your situation, which may be very different from the general example provided here.
Please contact us for a more detailed assessment of your particular situation.
- How will the venue for arbitration be decided?
- How many arbitrators are needed for arbitration and how are arbitrators selected?
- How much are arbitration fees?
- Can CAA select both Chinese and English languages for the arbitration process?
- What can be claimed in the arbitration process?
- Can the principle of equity be applied in the arbitration process?
- How long will it take before the arbitration award is delivered?
- Can the non-prevailing party appeal an arbitration award?
- How will an arbitration award be enforced?
- Can an arbitration award be revoked by the court?
- Can the enforcement procedure be stayed during the arbitration revocation process?
- Is the non-prevailing party automatically liable to pay the prevailing party’s legal fees?
1. How will the venue for arbitration be decided?
If the agreement is silent on the venue for the arbitration, according to Article 20 of the Arbitration Law, the arbitration tribunal will decide the venue. Taipei is usually the preferable venue as most arbitrators are located in Taipei.
2. How many arbitrators are needed for arbitration and how are arbitrators selected?
If the agreement does not provide the number and procedure for selecting arbitrators, according to the Article 9 of the Arbitration Rules of the Chinese Arbitration Association (“CAA”), each party must appoint one arbitrator, and these two arbitrators will select a third arbitrator to be the chief arbitrator of the panel.