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Laws & Regulations Database of The Republic of China (Taiwan)

Print Time:2024/11/22 11:27
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Chapter Law Content

CHAPTER III: Arbitral Proceedings
Article 18
A party shall provide written notification to the respondent party as to when the dispute is to be submitted to arbitration.
Unless otherwise agreed by both parties, the arbitral proceedings for a dispute shall commence on the date specified on the written notice of arbitration received by the respondent party.
In the event that the circumstance mentioned in the preceding paragraph of this Article involves multiple parties, the arbitral proceedings shall commence on the date on which the first written notification is received by the respondents.
Article 19
In the absence of an agreement on the procedural rules governing the arbitration, the arbitral tribunal shall apply this Law. Where this Law is silent, the arbitral tribunal may adopt the Code of Civil Procedure mutatis mutandis or other rules of procedure which it deems proper.
Article 20
The place of arbitration, unless agreed by the parties, shall be determined by the arbitral tribunal.
Article 21
In the absence of any stipulation in the arbitration agreement as to how the arbitration is to be conducted, the arbitral tribunal shall, within ten days upon receipt of notice of the [final arbitral] appointment, determine the place of arbitration as well as the time and date for the hearing, and shall notify both parties thereof. The arbitral tribunal shall render an arbitral award within six months [of commencement of the arbitration]. However, the arbitral tribunal may extend [the decision period] an additional three months if the circumstances so require.
In the event of a subsequent dispute, the ten-day period mentioned in the preceding paragraph shall commence from the date upon receipt of notice [to arbitrate] the dispute that has occurred.
If an arbitral award has not been rendered by the arbitral tribunal within the above-mentioned time period, either party may, unless compelled to arbitrate, refer the dispute to the court or proceed with a previously initiated legal action. The arbitral proceedings shall be deemed terminated thereafter.
Article 133 of the Civil Code shall not be applicable in the event that the dispute is referred to the court as mentioned in the preceding paragraph of this Article.
Article 22
An objection raised by a party as to the scope of authority of the arbitral tribunal shall be determined by the arbitral tribunal. However, a party may not object if it has submitted the statement of defense regarding the subject matter of the dispute.
Article 23
The arbitral tribunal shall ensure that each party has a full opportunity to present its case and the arbitral tribunal shall conduct the necessary investigations of the claims by the parties.
Unless otherwise agreed by the parties, the arbitral proceedings shall not be made public.
Article 24
Either party may, in writing, appoint a representative to appear before the arbitral tribunal to make statements for and on its behalf.
Article 25
Parties to a dispute with an international character may designate a language or languages to be used to conduct the arbitral proceedings. However, the arbitral tribunal or a party may request that any documents relating to the arbitration be accompanied with a translation in another language.
Interpreters shall be provided under the direction of the arbitral tribunal in the event that a party or an arbitrator is not familiar with Mandarin.
Article 26
The arbitral tribunal may summon witnesses or expert witnesses to appear for questioning but may not compel any witness to enter any undertaking.
In the event that a witness fails to appear without sufficient reason, the arbitral tribunal may apply for a court order compelling the witness to appear.
Article 27
The delivery of documents relating to the arbitration conducted by the arbitral tribunal shall be governed mutatis mutandis by the provisions regarding "service of process" in the Code of Civil Procedure.
Article 28
The arbitral tribunal, if necessary, may request assistance from a court or other agencies in the conduct of the arbitral proceedings.
A requested court may exercise its investigative powers in the same manner and to the same extent as permitted in a legal action.
Article 29
A party who knows or may know that the arbitral proceedings have derogated from the provisions of this Law or has not complied with the requirements under the arbitration agreement yet proceeds with the arbitration without objecting to such non-compliance shall be deemed to have waived the right to object.
Any objection raised shall be considered by the arbitral tribunal and the decisions made with respect thereto shall not be subject to appeal.
The assertion and consideration of] An objection shall not suspend the arbitral proceedings.
Article 30
In the event that a party asserts any of the following which the arbitral tribunal finds unjustifiable, the parties may still proceed with the arbitration and obtain an arbitral award:
1.The arbitration agreement is nullified;
2.The arbitral proceedings have derogated from the provisions of the law;
3.The arbitration agreement has not been followed;
4.The arbitration agreement is not related to the dispute for resolution;
5.The arbitral tribunal lacks the authority to arbitrate;
6.Any other reason which allows a party to apply to a court to set aside an arbitral award.
Article 31
If expressly authorized by the parties, the arbitral tribunal may apply the rules of equity to determine [the arbitral award].
Article 32
The deliberations of an arbitral award shall not be made public.
If there is more than one arbitrator, the arbitral award shall be determined by a majority vote.
When calculating an amount in dispute and none of the opinions of the arbitrators prevail, the highest figure in an opinion shall be averaged with the second highest figure in another opinion and so forth, until a majority consensus is obtained.
In the event that a majority consensus of the arbitrators cannot be reached, the arbitral proceedings are deemed terminated, unless otherwise agreed by the parties, and the arbitral tribunal shall notify the parties of the reasons for failing to reach a majority consensus.
Article 133 of the Civil Code shall not be applicable to the circumstance mentioned in the preceding paragraph of this Article unless a party has yet to proceed to a court within one month of receipt of the notification.
Article 33
To the extent that a decision on the dispute may be satisfactorily obtained, the arbitral tribunal shall declare the conclusion of the hearing and within ten days thereafter, issue an arbitral award addressing the claims and issues raised by the parties.
An arbitral award shall contain the following items:
1.Names and residence or domicile of the individual parties. For a party that is a corporate entity or another type of organization or institution, then its name(s), administrative office(s), principal office(s)or business office(s) [address];
2.Names and domiciles or residences of the statutory agents or representatives, if any, of the parties;
3.Names, nationalities and residences or domiciles of the interpreters, if any;
4.The main text of the decision;
5.The relevant facts and reasons for the arbitral award, unless the parties have agreed that no reasons shall be stated; and
6.The date and place of the arbitral award.
The original copy of the award shall be signed by the arbitrator(s) who deliberated on the award. If an arbitrator refuses to or cannot sign the award for any reason, the arbitrator(s) who do sign the award shall state the reason for the missing signature(s).
Article 34
The arbitral tribunal shall deliver a certified copy of the arbitral award to each party.
The certified copy of the arbitral award mentioned in the preceding paragraph, along with the proof of delivery, shall be filed with a court registry, at the place of the arbitration for record-keeping.
Article 35
The arbitral tribunal may correct, on its own initiative or upon request, any clerical, computational or typographic errors or any other similar obvious mistakes in the award and shall provide written notification of this correction to the parties as well as the court. The foregoing is likewise applicable to any discrepancy between a certified copy of the arbitral award and the original version thereof.
Article 36
Any dispute in a legal proceeding that shall only be settled pursuant to the Simplified Procedures prescribed in the Code of Civil Procedure may be submitted to an arbitration institution upon the agreement of the parties. The arbitration institution shall appoint a sole arbitrator to conduct the arbitration pursuant to the procedural rules for expedited arbitration stipulated by the arbitration institution.
In any case other than those mentioned in the preceding paragraph, the parties may agree to adopt the procedural rules for expedited arbitration established by the arbitration institution.
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