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

Print Time:2024/11/22 09:45
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Chapter Law Content

CHAPTER V: Revocation of the Arbitral Award
Article 40
A party may apply to a court to set aside the arbitral award in any of the following circumstances:
1.The existence of any circumstances stated in Article 38.
2.The arbitration agreement is nullified, invalid or has yet to come into effect or has become invalid prior to the conclusion of the arbitral proceedings.
3.The arbitral tribunal fails to give any party an opportunity to present its case prior to the conclusion of the arbitral proceedings, or if any party is not lawfully represented in the arbitral proceedings.
4.The composition of the arbitral tribunal or the arbitral proceedings is contrary to the arbitration agreement or the law.
5.An arbitrator fails to fulfill the duty of disclosure prescribed in paragraph 2 of Article 15 herein and appears to be partial or has been requested to withdraw but continues to participate, provided that the request for withdrawal has not been dismissed by the court.
6.An arbitrator violates any duty in the entrusted arbitration and such violation carries criminal liability.
7.A party or any representative has committed a criminal offense in relation to the arbitration.
8.If any evidence or content of any translation upon which the arbitration award relies, has been forged or fraudulently altered or contains any other misrepresentations.
9.If a judgment of a criminal or civil matter, or an administrative ruling upon which the arbitration award relies, has been reversed or materially altered by a subsequent judgment or administrative ruling.
The foregoing items 6 to 8 are limited to instances where final conviction has been rendered or the criminal proceeding may not be commenced or continue for reasons other than insufficient evidence.
The foregoing item 4 concerning circumstances contravening the arbitration agreement and items 5 to 9 referred to in paragraph 1 of this Article are limited to the extent sufficient to affect the arbitral award.
Article 41
An application to revoke an arbitral award may be filed at the district court of the place of arbitration.
An application to revoke an arbitral award shall be submitted to the court within the thirty-day statutory period after the arbitral award has been issued or delivered. However, if any cause mentioned in items 6 to 9 of the first paragraph of the preceding Article exists and if sufficient reasons are offered that the failure of a party to apply to the court to revoke an award before the limitation period does not arise from any fault of such party, then the thirty-day statutory period commences to run from the time when the party becomes aware of the cause for revocation. In any event, the application to revoke an arbitral award shall be barred after five years have elapsed from the date on which the arbitral award was issued.
Article 42
In the event that a party applies for revocation of an arbitral award, the court may grant an application by the said party to stay enforcement of the arbitral award once the applicant has paid a suitable and certain security [into court].
When setting aside an arbitral award, the court shall under the same authority simultaneously revoke any enforcement order which has been issued in respect of the arbitral award.
Article 43
Once an arbitral award has been revoked by a final judgment of a court, a party may bring the dispute to the court unless otherwise agreed by the parties.
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