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

Print Time:2024/11/22 11:50
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Chapter Law Content

CHAPTER VII: Foreign Arbitral Award
Article 47
A foreign arbitral award is an arbitral award which is issued outside the territory of the Republic of China or issued pursuant to foreign laws within the territory of the Republic of China.
A foreign arbitral award, after an application for recognition has been granted by the court, shall be binding on the parties and have the same force as a final judgment of a court, and is enforceable.
Article 48
To obtain recognition of a foreign arbitral award, an application shall be submitted to the court and accompanied by the following documents:
1.The original arbitral award or an authenticated copy thereof;
2.The original arbitration agreement or an authenticated copy thereof;
3.The full text of the foreign arbitration law and regulation, the rules of the foreign arbitration institution or the rules of the international arbitration institution which applied to the foreign arbitral award.
If the documents in the preceding paragraph are made in a foreign language, a copy of the Chinese translation of the same shall be submitted.
The word "authenticated" mentioned in items 1 and 2 of paragraph 1 herein means the authentication made by the embassies, consulates, representative offices, liaison offices or any other organizations authorized by the government of the Republic of China.
Copies of the application mentioned in paragraph 1 herein shall be made corresponding to the number of respondents and submitted to the court which shall deliver those copies to the respondents.
Article 49
The court shall issue a dismissal with respect to an application submitted by a party for recognition of a foreign arbitral award, if such award contains one of the following elements:
1.Where the recognition or enforcement of the arbitral award is contrary to the public order or good morals of the Republic of China.
2.Where the dispute is not arbitrable under the laws of the Republic of China.
The court may issue a dismissal order with respect to an application for recognition of a foreign arbitral award if the country where the arbitral award is made or whose laws govern the arbitral award does not recognize arbitral awards of the Republic of China.
Article 50
If a party applies to the court for recognition of a foreign arbitral award which concerns any of the following circumstances, the respondent may request the court to dismiss the application within twenty days from the date of receipt of the notice of the application:
1.The arbitration agreement is invalid as a result of the incapacity of a party according to the law chosen by the parties to govern the arbitration agreement.
2.The arbitration agreement is null and void according to the law chosen to govern said agreement or, in the absence of choice of law, the law of the country where the arbitral award was made.
3.A party is not given proper notice whether of the appointment of an arbitrator or of any other matter required in the arbitral proceedings, or any other situations which give rise to lack of due process.
4.The arbitral award is not relevant to the subject matter of the dispute covered by the arbitral agreement or exceeds the scope of the arbitration agreement, unless the offending portion can be severed from and not affect the remainder of the arbitral award.
5.The composition of the arbitral tribunal or the arbitration procedure contravenes the arbitration agreement or, in the absence of an arbitration agreement, the law of the place of the arbitration.
6.The arbitral award is not yet binding upon the parties or has been suspended or revoked by a competent court.
Article 51
Where a party to an arbitration applies for a judicial revocation of a foreign arbitral award or for suspension of enforceability thereof, the court at the request of the respondent may order the applicant to pay a suitable and certain security to suspend the recognition or enforcement proceedings prior to issuing any order for recognition or enforcement of the foreign arbitral award.
If the foreign arbitral award mentioned in the preceding paragraph has been revoked according to the law, the court shall dismiss any application for recognition or upon request, revoke any recognition of the arbitral award.
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