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Chapter Law Content

Chapter 3 Settlement Procedures
Subchapter 2 Arbitration
Article 33
When a dispute over damage claims arising from a public nuisance dispute remains unresolved after mediation by the mediation committee in a special municipality, county (city) government, the parties may apply for arbitration of that dispute.
An application for arbitration shall be submitted, with application form, to the original mediation committee of the special municipality, county (city) government within 14 days of delivery of notification that mediation was not achieved.
Upon receipt of the application referred to in the foregoing paragraph, the special municipality, county (city) mediation committee shall promptly submit a copy of the application to the other parties, and shall alse submit files relevant to the mediation, the application for arbitration and other relevant documents to the Arbitration Panel.
Article 34
Arbitration shall be conducted via an arbitration tribunal composed of 3 or 5 arbitration panel members designated by the chairman of the Panel.
The tribunal referred to in the foregoing paragraph shall be decided by a majority of the designated members.
When more than three different opinions of members exist on the amount of money, and no one opinion enjoys majority support, the vote for the opinion constituting the highest amount of money shall be added to the vote for the opinion granting the next highest amount of money, and so on until a majority opinion is reached.
Article 35
Before delivering an arbitration decision, the arbitration panel shall hear from the parties and conduct necessary inquiries into the facts.
Article 36
The arbitration panel shall render its arbitration decision within three months of the date the application is submitted by the parties, and deliver it to the parties. When necessary, this period may be extended for another three months.
Article 37
An arbitration decision shall contain the following items, and be signed by the panel members.
I. The name(s), permanent residence address(es) and temporary residence address(es) of the parties. If the parties are juristic persons or other organizations, the name(s) of the person(s) or organization(s) and their representative(s) and principal office address(es)or business address(es)
II. if the parties have representative(s) or agent(s), the name(s), permanent residence address(es) and temporary residence address(es) of the representatives/agents
III. main body of the text
IV. the facts
V. the reasons
VI. date
An original copy of the arbitration decision shall be delivered to the parties within 10 days of the issuance of the decision.
Article 38
Whenever the parties reach an agreement during the arbitration process, the arbitration panel shall prepare an Agreement using Articles 28 to 31.The arbitration procedure shall be concluded when the Agreement is completed.
Article 39
Where the parties in arbitration have not initiated a civil action in a court of law over the same dispute within 20 days of delivery of an original copy of the arbitration decision, or if the parties have subsequently withdrawn such civil action, the arbitration decision shall be deemed an Agreement among the parties to the dispute.
Where parties to an arbitration decision are deemed to be in Agreement pursuant to the foregoing paragraph, the arbitration panel shall, within 7 days of the expiration of the time-period referred to in the foregoing paragraph, submit the arbitration decision for approval at the court holding jurisdiction.
Where appropriate, Paragraphs 2 and 3 of Article 28, and Articles 30 and 31 shall apply to the situations referred to in the foregoing paragraph.
Article 40
The provisions of Articles 17 to 22 and Articles 24 and 25 shall apply to arbitration proceedings.